SB 6002 — Enacting the Washington voting rights act of 2018.

S-3854.1SUBSTITUTES-3209.3SENATE SENATE BILL 6002State of Washington65th Legislature2018 Regular SessionBy Senate State Government, Tribal Relations & Elections (originally sponsored by Senators Saldaña, Billig, Palumbo, Frockt, Rolfes, Van De Wege, Liias, Ranker, Keiser, Pedersen, Hunt, Wellman, Conway, Chase, McCoy, Dhingra, Kuderer, Hasegawa, Nelson, Carlyle, and Mullet)READMulletPrefiled FIRST12/06/17. TIME 01/15/18.AN ACT Relating to establishing a voting rights act to promote equal voting opportunity in certain political subdivisions and establishing a cause of action to redress lack of voter opportunity;

amendingRead RCWfirst 36.32.020,time 36.32.040,01/08/18. 54.12.010, and 2.06.030;

Referred to Committee on State Government, Tribal Relations & Elections.AN ACT Relating to establishing a voting rights act to promote equal voting opportunity in certain political subdivisions and establishing a cause of action to redress lack of voter opportunity;

amending RCW 36.32.020, 36.32.040, and 54.12.010;

In applying these definitions and other terms in this chapter, courts may rely on relevant federal case law for guidance.(1) "At-large"Alternative election"proportional voting method" means any at-large election that includes one of the following methods of electingvoting for multiple members of the governing body of a political subdivision:(a) OneLimiting in which the votersnumber of thevotes entirea jurisdictionvoter electis theentitled membersto cast to thefewer governingthan body;(b)there Oneare inpositions whichto elect;(b) Cumulating the candidatesnumber areof requiredvotes a voter is entitled to residecast withinfor giveneach areasposition, ofand allowing the jurisdictionvoter andto cast the voterstotal number of thevotes entirein jurisdictionfavor electof thea memberssingle candidate or to distribute the governingtotal body;number of votes among multiple candidates;

or(c) OneVoting thatin combinesa thesingle criteriatransferable invote (a)where andvoters (b)rank ofeach thiscandidate subsectionin ororder oneof thatpreference, combines at-large with district-basedtheir elections.(2)vote "District-basedcounting elections"towards meansthe ahighest methodranked ofcandidate, electingand memberspreferences toallocated theamong governingother bodycandidates ofwho aare politicalnot subdivisionelected inon whichfirst theplace candidatevotes.(2) must"At-large resideelection" withinmeans anany electionof districtthe thatfollowing ismethods aof divisibleelecting partmembers of the politicalgoverning subdivisionbody andof isa electedpolitical onlysubdivision:(a) byOne in which the voters residingof withinthe thatentire electionjurisdiction district.(3)elect "Polarizedthe voting"members meansto votingthe governing body;(b) One in which therethe iscandidates aare difference,required asto definedreside inwithin casegiven lawareas regardingof enforcementthe jurisdiction and the voters of the federalentire votingjurisdiction rightselect act,the 52members U.S.C.to the governing body;

10301or(c) etOne seq.,that incombines the choicecriteria ofin candidates(a) orand other(b) electoralof choicesthis thatsubsection areor preferredone bythat voterscombines inat-large awith protecteddistrict-based class,elections.(3) and"District-based inelections" themeans choicea method of candidateselecting andmembers electoralto choicesthe thatgoverning arebody preferredof bya voterspolitical subdivision in which the restcandidate ofmust thereside electorate.(4)within "Politicalan subdivision"election meansdistrict anythat county,is city,a town,divisible schoolpart district,of firethe protectionpolitical district,subdivision portand district,is orelected publiconly utilityby district,voters butresiding doeswithin notthat includeelection thedistrict.(4) state.(5)"Polarized "Protectedvoting" class" means avoting classin ofwhich votersthere whois are members of a race,difference, color, or language minority group, as thisdefined classin iscase referencedlaw andregarding definedenforcement inof the federal voting rights act, 52 U.S.C.

10301 et seq.NEWseq., SECTION.  Sec. 104.  As provided in section 302 of this act, no method of electing the governingchoice body of acandidates political subdivision may be imposed or appliedother inelectoral achoices manner that impairsare thepreferred abilityby ofvoters membersin of a protected classclass, orand classesin tothe have an equal opportunity to elect candidates of their choice as a result of thecandidates dilutionand orelectoral abridgmentchoices ofthat theare rightspreferred ofby voters whoin arethe membersrest of athe protectedelectorate.(5) class"Political orsubdivision" classes.PARTmeans IIany -county, VOLUNTARYcity, CHANGEStown, TOschool ELECTORALdistrict, PROCESSESNEWfire SECTION.  Sec. 201.  (1)protection Adistrict, politicalport subdivisiondistrict, that conducts an election pursuant to state, county, or localpublic law,utility isdistrict, authorized to change its electoral system, including, but does not limitedinclude to,the implementingstate.(6) a"Protected district-basedclass" electionmeans system, to remedy a potentialclass violation of sectionvoters 104who ofare thismembers act.(2)of If a politicalrace, subdivisioncolor, invokesor itslanguage authorityminority undergroup, as this sectionclass tois implementreferenced aand district-baseddefined election system, the districts shall be drawn in a manner consistent with section 202 of this act.NEW SECTION.  Sec. 202.  (1)(a) Prior to the adoptionfederal ofvoting itsrights proposedact, plan,52 theU.S.C. political subdivision must provide public notice to the community about the proposed remedy to a potential violation of section 104 of this act.

10301 et seq.NEW SECTION.  Sec. 104.  As provided in section 302 of this act, no method of electing the governing body of a political subdivision may be imposed or applied in a manner that impairs the ability of members of a protected class to have an equal opportunity to elect candidates of their choice or an equal opportunity to influence the outcome of an election as a result of the dilution or abridgment of the rights of voters who are members of a protected class.PART II - VOLUNTARY CHANGES TO ELECTORAL PROCESSESNEW SECTION.  Sec. 201.  (1) A political subdivision that conducts an election pursuant to state, county, or local law, is authorized to change its electoral system including, but not limited to, implementing a district-based election system or an alternative proportional voting method to remedy a potential violation of section 104 of this act.(2) If a political subdivision invokes its authority under this section to implement a district-based election system, the districts shall be drawn in a manner consistent with section 202 of this act.NEW SECTION.  Sec. 202.  (1)(a) Prior to the adoption of its proposed plan, the political subdivision must provide public notice to the community about the proposed remedy to a potential violation of section 104 of this act.

and(ii) Air radio or television public service announcements describing the proposed remedy broadcast in the languages that diverse residents of the political subdivision can understand, as indicated by demographic data.(b) The political subdivision shall hold at least one public hearing on the proposed plan at least one week before adoption.(c) For purposes of this section, "significant segment of the community" means five percent or more of residents, or five hundred or more residents, whichever is fewer, residing in the political subdivision.(2)(a) If the political subdivision invokes its authority under this section and the plan is adopted during the period of time between the first Tuesday after the first Monday of November and on or before January 15th of the following year, the political subdivision shall order new elections to occur at the next succeeding general election.(b) If the political subdivision invokes its authority under this section and the plan is adopted during the period of time between January 16th and on or before the first Monday of November, the next election will occur as scheduled and organized under the current electoral system, but the political subdivision shall order new elections to occur pursuant to the remedy at the general election the following calendar year.(3)year.(c) If the political subdivision invokes its authority under this section and the plan uses an alternative proportional voting method, the political subdivision shall order new elections to occur no sooner than as provided in (a) and (b) of this subsection.(3) If a political subdivision implements a district-based election system, the plan shall be consistent with the following criteria:(a) Each district shall be as reasonably equal in population as possible to each and every other such district comprising the political subdivision.(b) Each district shall be reasonably compact.(c) Each district shall consist of geographically contiguous area.(d) To the extent feasible, the district boundaries shall coincide with existing recognized natural boundaries and shall, to the extent possible, preserve existing communities of related and mutual interest.(e) District boundaries may not be drawn or maintained in a manner that createsdenies ora perpetuatesprotected theclass dilutionan ofequal theopportunity votesto elect candidates of theits memberschoice ofor aan protectedequal classopportunity orto classes.(4)influence the outcome of an election.(4) Within forty-five days after receipt of federal decennial census information applicable to a specific local area, the commission established in RCW 44.05.030 shall forward the census information to each political subdivision.(5)subdivision that has invoked its authority under this section to implement a district-based election system, or that is charged with redistricting under section 403 of this act.(5) No later than eight months after its receipt of federal decennial census data, the governing body of the political subdivision that had previously invoked its authority under this section to implement a district-based election system, or that was previously charged with redistricting under section 403 of this act, shall prepare a plan for redistricting its districts, pursuant to RCW 29A.76.010, and in a manner consistent with this act.NEWact.(6) SECTION.  Sec. 203.  (1) A political subdivision that conducts an election pursuant to state, county, or local law, is authorized to change its electoral system to implement an alternative proportional voting method to remedy a potential violation of section 104 of this act.(2) If the political subdivision invokes its authority under this section, the political subdivision shall order new elections to occur no sooner than as provided in section 202(2) of this act.(3) A political subdivision may eliminate the staggered terms of any position in order to implement an alternative proportional voting method.(4)method.NEW AsSECTION.  Sec. 203.  A usednew insection this chapter, "alternative proportional voting method" means any at-large election that includes one of the following methods of voting for multiple members of the governing body of a political subdivision:(a) Limiting the number of votes a voter is entitledadded to castchapter to28A.343 fewerRCW thanto thereread areas positionsfollows:The toschool elect;(b)board Cumulatingof thedirectors numbermay ofauthorize votes a voterchange is entitled to castits forelectoral eachsystem position,pursuant and allowing the voter to castsection the201 total number of votesthis inact. favor of a single candidate or to distribute the total number of votes among multiple candidates;

or(c)Any Votingstaggering inof adirectors' singleterms transferableshall votebe whereaccomplished votersas rankprovided each candidate in orderRCW of28A.343.030 preference,and with28A.343.600 theirthrough vote28A.343.650.Sec. 204.  RCW counting36.32.020 towards the highest ranked candidate, and preferences1982 allocatedc among226 others candidates4 who are noteach electedamended onto firstread placeas votes.NEWfollows:The SECTION.  Sec. 204.  Aboard newof sectioncounty iscommissioners addedof toeach chaptercounty 28A.343shall RCWdivide totheir readcounty asinto follows:Thethree schoolcommissioner boarddistricts ofso directorsthat mayeach authorizedistrict ashall changecomprise toas itsnearly electoralas systempossible pursuantone-third toof sectionthe 201population of thisthe act.county:

Any staggering of directors' terms shall be accomplished as provided in RCW 28A.343.030 and 28A.343.600 through 28A.343.650.Sec. 205.  RCW 36.32.020 and 1982 c 226 s 4 are each amended to read as follows:The board of county commissioners of each county shall divide their county into three commissioner districts so that each district shall comprise as nearly as possible one-third of the population of the county:

Except where necessary to comply with a court order issued pursuant to section 403 of this act, and except in the case of an intervening census, the lines of the districts shall not be changed ((oftener)) more often than once in four years and only when a full board of commissioners is present.

The districts shall be designated as districts numbered one, two and three.Sec. 206.  RCWthree.Sec. 205.  RCW 36.32.040 and 1982 c 226 s 5 are each amended to read as follows:(1) Except as provided in subsection (2) of this section, the qualified electors of each county commissioner district, and they only, shall nominate from among their own number, candidates for the office of county commissioner of such commissioner district to be voted for at the following general election.

Such candidates shall be nominated in the same manner as candidates for other county offices are nominated in all other respects.(3) The commissioners of any county may authorize a change to their electoral system pursuant to section 201 of this act.NEW SECTION.  Sec. 207.  ASECTION.  Sec. 206.  A new section is added to chapter 35.21 RCW to read as follows:The legislative authority of a city or town may authorize a change to its electoral system pursuant to section 201 of this act.NEW SECTION.  Sec. 208.  ASECTION.  Sec. 207.  A new section is added to chapter 35A.21 RCW to read as follows:The legislative authority of a code city or town may authorize a change to its electoral system pursuant to section 201 of this act.NEW SECTION.  Sec. 209.  ASECTION.  Sec. 208.  A new section is added to chapter 52.14 RCW to read as follows:The board of fire commissioners of a fire protection district may authorize a change to its electoral system pursuant to section 201 of this act by majority vote.NEW SECTION.  Sec. 210.  ASECTION.  Sec. 209.  A new section is added to chapter 53.12 RCW to read as follows:The port commission may authorize a change to its electoral system pursuant to section 201 of this act.Sec. 211.  RCWact.Sec. 210.  RCW 54.12.010 and 2004 c 113 s 1 are each amended to read as follows:A public utility district that is created as provided in RCW 54.08.010 shall be a municipal corporation of the state of Washington, and the name of such public utility district shall be Public Utility District No.

Except as provided in this sectionsection, ((or)), section 403 of this act, RCW 54.04.039, or inRCW the54.04.039, case of an intervening census, the boundaries shall not be changed ((oftener)) more often than once in four years.

The political subdivision shall promptly make such notice public.(2) The notice provided shall identify the person or persons who intend to file an action, and the protected class or classes whose members do not have an equal opportunity to elect candidates of their choice becauseor ofan allegedequal voteopportunity dilutionto andinfluence polarizedthe voting.outcome of an election.

The notice shall also include a specific description of the alleged vote dilution and polarized voting, and a type of remedy the person believes may address the alleged violation of section 302 of this act.NEW SECTION.  Sec. 302.  (1) A political subdivision is in violation of this act when it is shown that:(a) Elections in the political subdivision exhibit polarized voting;

and(b) ThereMembers is a significant risk that members of a protected class or classes do not have an equal opportunity to elect candidates of their choice asor aan resultequal ofopportunity theto dilutioninfluence or abridgment of the rightsoutcome of membersan ofelection.(2) that protected class or classes.(2) The fact that members of a protected class are not geographically compact or concentrated to constitute a majority in a proposed or existing district-based election district shall not preclude a finding of a violation under this act, but may be a factor in determining a remedy.remedy.(3) In determining whether there is polarized voting under this act, the court shall analyze elections of the governing body of the political subdivision, ballot measure elections, elections in which at least one candidate is a member of a protected class, and other electoral choices that affect the rights and privileges of members of a protected class.

TheOnly equalelections opportunityconducted prior to electthe filing of an action pursuant to this act shall be assessedused pragmatically,to basedestablish onor localrebut the existence of polarized voting.(4) The election conditions,of candidates who are members of a protected class and maywho includewere crossoverelected districts.(3)prior Into determiningthe whetherfiling thereof isan action pursuant to this act shall not preclude a finding of polarized voting underthat thisresults act,in thean courtunequal shallopportunity analyzefor electionsa protected class to elect candidates of their choice or influence the governingoutcome bodyof an election.(5) Proof of intent on the politicalpart subdivision,of ballotthe measurevoters elections,or electionselected inofficials whichto atdiscriminate leastagainst onea candidateprotected class is not required for a membercause of aaction protectedto class,be andsustained.NEW otherSECTION.  Sec. 303.  (1) electoralThe choicespolitical subdivision shall work in good faith with the person providing the notice to implement a remedy that affectprovides the rightsprotected andclass privilegesor classes identified in the notice an equal opportunity to elect candidates of memberstheir choice or influence the outcome of an election.(2) If the political subdivision adopts a protectedremedy class.that takes the notice into account, or adopts the notice's proposed remedy, the political subdivision shall seek a court order acknowledging that the political subdivision's remedy complies with section 104 of this act.

Only elections conducted prior to the filing of an action pursuant to this act shall be used to establish or rebut the existence of polarized voting.(4) The election of candidates who are members of a protected class and who were elected prior to the filing of an action pursuant to this act shall not preclude a finding of polarized voting that results in an unequal opportunity for a protected class to elect candidates of their choice.(5) Proof of intent on the part of the voters or elected officials to discriminate against a protected class is not required for a cause of action to be sustained.(6) Other factors such as the history of discrimination, the use of electoral devices or other voting practices or procedures that may enhance the dilutive effects of at-large elections, denial of access to those processes determining which groups of candidates will receive financial or other support in a given election, the extent to which members of a protected class bear the effects of past discrimination in areas such as education, employment, and health, which hinder their ability to participate effectively in the political process, and the use of overt or subtle racial appeals in political campaigns are probative, but not necessary factors, to establish a violation of this act.NEW SECTION.  Sec. 303.  (1) The political subdivision shall work in good faith with the person providing the notice to implement a remedy that provides the protected class or classes identified in the notice an equal opportunity to elect candidates of their choice.(2) If the political subdivision adopts a remedy that takes the notice into account, or adopts the notice's proposed remedy, the political subdivision shall seek a court order, which shall be subject to mandatory direct appeal to the supreme court, acknowledging that the political subdivision's remedy complies with section 104 of this act and was prompted by a plausible violation.

The political subdivision must provide all political, census, and demographic data and any analysis of that data used to develop the remedy in its filings seeking the court order and with any documents made public.(3) If the court concludes that the political subdivision's remedy complies with section 104 of this act, an action under this act may not be brought against that political subdivision for four years by any party so long as the political subdivision does not enact a change to or deviation from the remedy during this four-year period that would otherwise give rise to an action under this act.(4) In agreeing to adopt the person's proposed remedy, the political subdivision may do so by stipulation, which shall become a public document.NEW SECTION.  Sec. 304.  (1) Any person may file an action under this act if, one hundred eighty days after a political subdivision receives notice of a challenge to its electoral system under section 301 of this act, the political subdivision has not obtained a court order stating that it has adopted a remedy in compliance with section 104 of this act.(2) IfIf, awithin politicalone subdivisionhundred haseighty receiveddays twoafter orreceiving morea noticesperson's containingnotice, materiallya different proposed remedies, the political subdivision shallreceives workany inother goodnotice faithcontaining witha thematerially personsdifferent toproposed implementremedy athan remedythe thatfirst providesnotice, theno protectedaction classmay orbe classesfiled identifiedunder inthis theact noticeswithin antwo equalhundred opportunityseventy todays electafter candidatesreceiving ofthe theirinitial choice.notice.

IfAll thenotices politicalshall subdivisionbe adoptsmade onepublic ofpromptly.(3) theIf remediesa offered,political orsubdivision ahas differentreceived remedytwo thator takesmore multiple notices intocontaining account,materially different proposed remedies, the political subdivision shall seekwork ain courtgood order,faith whichwith isthe subjectpersons to mandatoryimplement directa appealremedy tothat provides the supremeprotected court,class acknowledgingor thatclasses identified in the politicalnotices subdivision'san remedyequal compliesopportunity withto sectionelect 104candidates of thistheir actchoice andor wasinfluence promptedthe byoutcome aof plausiblean violation.election.

If the political subdivision adopts one of the remedies offered, or a different remedy that takes multiple notices into account, the political subdivision shall seek a court order acknowledging that the political subdivision's remedy complies with section 104 of this act.

The political subdivision must provide all political, census, and demographic data and any analysis of that data used to develop the remedy in its filings seeking the court order.(3)order.(4) If the court concludes that the political subdivision's remedy complies with section 104 of this act, an action under this act may not be brought against that political subdivision for four years by any party so long as the political subdivision does not enact a change to or deviation from the remedy during this four-year period that would otherwise give rise to an action under this act.Sec. 305.  RCWact.PART 2.06.030IV and- 1980SAFE cHARBOR 76AND sLEGAL 3ACTION areUNDER eachTHIS amendedACTNEW toSECTION.  Sec. 401.  (1) readAfter asexhaustion follows:Theof administrationthe andtime proceduresperiod in section 304 of thethis courtact, shallany bevoter aswho providedresides byin rulesa political subdivision where a violation of section 104 of this act is alleged may file an action in the supremesuperior court.court of the county in which the political subdivision is located.

The court shall be vested with all power and authority, not inconsistent with said rules, necessary to carry into complete execution all of its judgments, decrees and determinations in all matters within its jurisdiction, according to the rules and principles of the common law and the Constitution and laws of this state.For the prompt and orderly administration of justice, the supreme court may (1) transfer to the appropriate division of the court for decision a case or appeal pending before the supreme court;

or (2) transfer to the supreme court for decision a case or appeal pending in a division of the court.Subject to the provisions of this section, the court shall have exclusive appellate jurisdiction in all cases except:(a) cases of quo warranto, prohibition, injunction or mandamus directed to state officials;(b) criminal cases where the death penalty has been decreed;(c) cases where the validity of all or any portion of a statute, ordinance, tax, impost, assessment or toll is drawn into question on the grounds of repugnancy to the Constitution of the United States or of the state of Washington, or to a statute or treaty of the United States, and the superior court has held against its validity;(d) cases involving fundamental and urgent issues of broad public import requiring prompt and ultimate determination;

and(e) cases involving substantive issues on which there is a direct conflict among prevailing decisions of panels of the court or between decisions of the supreme court;all of which shall be appealed directly to the supreme court:

PROVIDED, That whenever a majority of the court before which an appeal is pending, but before a hearing thereon, is in doubt as to whether such appeal is within the categories set forth in subsection (d) or (e) of this section, the cause shall be certified to the supreme court for such determination.The appellate jurisdiction of the court of appeals does not extend to civil actions at law for the recovery of money or personal property when the original amount in controversy, or the value of the property does not exceed the sum of two hundred dollars.The court shall have appellate jurisdiction over review of final decisions of administrative agencies certified by the superior court pursuant to RCW 34.05.518.The court has mandatory appellate jurisdiction over superior court orders regarding remedies sought by political subdivisions pursuant to sections 303 and 304 of this act.Appeals from the court to the supreme court shall be only at the discretion of the supreme court upon the filing of a petition for review.

No case, appeal or petition for a writ filed in the supreme court or the court shall be dismissed for the reason that it was not filed in the proper court, but it shall be transferred to the proper court.PART IV - SAFE HARBOR AND LEGAL ACTION UNDER THIS ACTNEW SECTION.  Sec. 401.  (1) After exhaustion of the time period in section 304 of this act, any voter who resides in a political subdivision where a violation of section 104 of this act is alleged may file an action in the superior court of the county in which the political subdivision is located.

An action filed pursuant to this chapter does not need to be filed as a class action.(2) Members of different protected classes may file an action jointly pursuant to this act if they demonstrate that thetheir combined voting preferences ofas thea multiplegroup protected classes are polarizeddifferent againstfrom the rest of the electorate.NEW SECTION.  Sec. 402.  (1) In an action filed pursuant to this act, the trial court shall set a trial to be held no later than one year after the filing of a complaint, and shall set a discovery and motions calendar accordingly.(2) For purposes of any applicable statute of limitations, a cause of action under this act arises every time there is an election for any members of the governing body of the political subdivision.(3) The plaintiff's constitutional right to the secrecy of the plaintiff's vote is preserved and is not waived by the filing of an action pursuant to this act, and the filing is not subject to discovery or disclosure.(4) In seeking a temporary restraining order or a preliminary injunction, a plaintiff shall not be required to post a bond or any other security in order to secure such equitable relief.(5) No notice may be submitted to any political subdivision pursuant to this act before July 19, 2018.NEW SECTION.  Sec. 403.  (1) The court may order appropriate remedies including, but not limited to, the imposition of a district-based election system.system or an alternative proportional voting method.

If, in tailoring a remedy, the court orders the implementation of a district-based election district where the members of the protected class are not a numerical majority, the court shall do so in a manner that provides the protected class an equal opportunity to elect candidates of their choice.choice or an equal opportunity to influence the outcome of an election.(3) In tailoring a remedy after a finding of a violation of section 104 of this act:(a) If the court's order providing a remedy or approving proposed districts, whichever is later, is issued during the period of time between the first Tuesday after the first Monday of November and on or before January 15th of the following year, the court shall order new elections, conducted pursuant to the remedy, to occur at the next succeeding general election.

TheIf courta mayspecial alsofiling approveperiod ais district-basedrequired, electionfilings systemfor that providesoffice theshall protectedbe classreopened thefor opportunitya period of three business days, such three-day period to joinbe infixed by the filing officer.(b) If the court's order providing a coalitionremedy or approving proposed districts, whichever is later, is issued during the period of twotime between January 16th and on or morebefore protectedthe classesfirst Monday of November, the next election will occur as scheduled and organized under the current electoral system, but the court shall order new elections to electoccur candidatespursuant to the remedy at the general election the following calendar year.(c) If the court's order uses an alternative proportional voting method, the court shall order new elections to occur no sooner than as provided in (a) and (b) of theirthis choicesubsection.(d) ifThe thereremedy ismay demonstratedprovide for a political cohesionsubdivision amongto eliminate the protectedstaggered classes.(3)terms Inof tailoringany position in order to implement an alternative proportional voting method.NEW SECTION.  Sec. 404.  (1) No action under this act may be brought by any person against a political subdivision that has adopted a remedy to its electoral system after an action is filed that is approved by a findingcourt pursuant to section 303 of this act or implemented a violationcourt-ordered ofremedy pursuant to section 104403 of this act:(a)act Iffor thefour court'syears orderafter providingadoption aof the remedy orif approvingthe proposedpolitical districts,subdivision whicheverdoes isnot later,enact isa issuedchange duringto or deviation from the remedy during this four-year period ofthat timewould betweenotherwise give rise to an action under this act.(2) No action under this act may be brought by any person against a political subdivision that has adopted a remedy to its electoral system in the firstprevious Tuesdaydecade afterbefore the firsteffective Mondaydate of Novemberthis andsection onas ora beforeresult Januaryof 15tha ofclaim under the followingfederal year,voting therights courtact shalluntil orderafter newthe elections,political conductedsubdivision completes redistricting pursuant to RCW 29A.76.010 for the remedy,2020 decennial census.NEW SECTION.  Sec. 405.  (1) In any action to occurenforce atthis chapter, the nextcourt succeedingmay generalallow election.the prevailing plaintiff or plaintiffs, other than the state or political subdivision thereof, reasonable attorneys' fees, all nonattorney fee costs as defined by RCW 4.84.010, and all reasonable expert witness fees.

IfNo afees specialor filingcosts periodmay is required, filings for that office shall be reopenedawarded forif ano periodaction ofis threefiled.(2) businessPrevailing days,defendants suchmay three-dayrecover periodan toaward beof fixedfees by the filing officer.(b) If the court's order providing a remedy or approvingcosts proposedpursuant districts,to whicheverRCW is4.84.185.PART later,V is- issuedMISCELLANEOUS duringPROVISIONSNEW theSECTION.  Sec. 501.  The periodprovisions of timeparts betweenI, JanuaryIII, 16th and onIV or before the first Monday of November,this theact nextare electionnot willapplicable occurto ascities scheduled and organizedtowns underwith thepopulations currentunder electoralone system,thousand butor the court shall order new elections to occurschool pursuantdistricts towith theK-12 remedyfull-time atequivalent theenrollments generalof electionless thethan followingtwo calendarhundred year.(c)fifty.NEW TheSECTION.  Sec. 502.  A remedynew maysection provideis foradded the political subdivision to holdchapter elections29A.76 forRCW theto membersread of its governing body at the same time as regularlyfollows:In scheduledany electionschange forto statewideits orelectoral federalsystem offices.NEWunder SECTION.  Sec. 404.  (1) The court may order imposition of an alternative proportional voting method, as defined in section 203201 of this act.(2)act Ifor thepreparation court'sof ordera usessubsequent anredistricting alternativeplan, proportionalpolitical votingsubdivisions method,may theuse courtpopulation shalldata orderregarding newpolitical electionsparties toor occurracial, noethnic, sooneror thanlanguage asgroups providedonly in section 403(3) (a) and (b) of this act.(3) The court's order may provide for a political subdivision to eliminate the staggeredextent termsnecessary of any position in order to implementensure ancompliance alternativewith proportionalthis votingact.NEW method.NEWSECTION.  Sec. 503.  This SECTION.  Sec. 405.  (1) No action under this act maysupersedes beother broughtstate bylaws anyand personlocal againstordinances ato politicalthe subdivisionextent that hasthose adoptedstate alaws remedyor toordinances itswould electoralotherwise systemrestrict after an action is filed that is approved by a courtjurisdiction's pursuantability to sectioncomply 303with of this actact.NEW orSECTION.  Sec. 504.  If implementedany aprovision court-ordered remedy pursuant to section 403 of this act for four years after adoption of the remedy if the political subdivision does not enact a change to or deviationits fromapplication the remedy during this four-year period that would otherwise give rise to an action under this act.(2) No action under this act may be brought by any person againstor acircumstance politicalis subdivisionheld thatinvalid, has adopted a remedy to its electoral system in the previousremainder decade before the effective date of this section as a result of a claim under the federal voting rights act untilor after the politicalapplication subdivisionof completes redistricting pursuant to RCW 29A.76.010 for the 2020provision decennial census.NEW SECTION.  Sec. 406.  (1) In any action to enforceother thispersons chapter, the court may allow the prevailing plaintiff or plaintiffs,circumstances otheris thannot theaffected.NEW stateSECTION.  Sec. 505.  Sections or101 politicalthrough subdivision202, thereof,301 reasonablethrough attorneys'501, fees,and all503 nonattorneyof feethis costsact asconstitute defineda bynew RCWchapter 4.84.010,in andTitle all29A reasonableRCW.--- expertEND witness--- fees.

No fees or costs may be awarded if no action is filed.(2) Prevailing defendants may recover an award of fees or costs pursuant to RCW 4.84.185.PART V - MISCELLANEOUS PROVISIONSNEW SECTION.  Sec. 501.  The provisions of parts I, III, and IV of this act are not applicable to cities and towns with populations under one thousand or to school districts with K-12 full-time equivalent enrollments of less than two hundred fifty.NEW SECTION.  Sec. 502.  A new section is added to chapter 29A.76 RCW to read as follows:In any change to its electoral system under section 201 of this act or preparation of a subsequent redistricting plan, political subdivisions may use population data regarding political parties only to the extent necessary to ensure compliance with this act or federal law.NEW SECTION.  Sec. 503.  This act supersedes other state laws and local ordinances to the extent that those state laws or ordinances would otherwise restrict a jurisdiction's ability to comply with this act.NEW SECTION.  Sec. 504.  If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.NEW SECTION.  Sec. 505.  Sections 101 through 203, 301 through 501, and 503 of this act constitute a new chapter in Title 29A RCW.--- END ---