A bill to expand the grounds to bring a cause of action alleging a violation of the Washington Voting Rights Act (WVRA) is scheduled to be heard the first week of the 2022 legislative session.

SB 5597, sponsored by Sen. Rebecca Saldaña (D–Rainier Beach), expands the ability to presumptively establish a violation of the WVRA by adding factors that substantiate a violation including, but not limited to:

• Members of a protected class contributing to political campaigns at lower rates or voting at lower rates than other members of the electorate;
• The extent to which members of a protected class are “otherwise disadvantaged in ways which may hinder” their ability to participate in the political process; and
• A significant lack of responsiveness on the part of elected officials to the particular needs of a protected class.

These factors are not defined nor are examples provided for how to quantify their meaning.

The bill expands who can bring a challenge to the WVRA to include organizations whose membership includes or is likely to include a voter in the jurisdiction or a cohesive coalition of members of different protected classes.

The proposed legislation reduces the time a jurisdiction has to cure a violation prior to filing a claim from 180 days to 50 days. It also states that a plaintiff does not actually need to achieve relief or a favorable judgement to receive attorneys fees.

AWC supports free and equal elections. The current version of SB 5597 is concerning and unclear in several aspects. AWC will work with the prime sponsor to address our many concerns.

As this bill will impact all cities in Washington, we ask that you take a moment to review the bill and provide AWC with your feedback on the proposed changes to the WVRA.

Dates to remember

SB 5597 is scheduled to be heard in the Senate Committee on State Government & Elections on January 14 at 10:30 am.