The Senate voted HB 1048 out of committee last week without AWC’s proposed amendments to protect cities from extraordinary costs.

The bill amends the Washington Voting Rights Act (WVRA) to make it easier for a plaintiff to bring a suit to court. HB 1048 would allow a person or organization to be awarded up to $50,000 for costs incurred prior to submitting their notice of intent to file a lawsuit against a local government alleging polarized voting if they prevail in court. AWC raised concerns about problematic changes that allows the court to award attorney fees and other reasonable costs for work prior to filing a claim with no cap on those costs even when a plaintiff doesn’t prevail in a claim.

HB 1048 also gives standing to organizations and tribes to challenge election systems on behalf of at least one member residing within the jurisdiction.

AWC strongly supports voting rights and ensuring appropriate representation in all levels of government. However, we have concerns about the potential fiscal impact on cities related to the potentially unlimited recovery of costs in cases where a group does not prevail. We continue to try to minimize these impacts while supporting voting rights.

AWC has made numerous requests for an amendment to apply the $50,000 cap on work conducted prior to the filing of a claim for these cases where a plaintiff doesn’t prevail but can demonstrate that they had an impact on the jurisdictions behavior and voting practices. We also requested amendment language to better clarify this circumstance of a plaintiff not prevailing in court but proving that they altered a jurisdictions behavior. Unfortunately, those requests were rejected.

Cities should spend some time reviewing the VRA and this legislation to understand how it could impact them and where they may be at risk for claims of polarized voting.

Need a refresher on the WVRA? AWC maintains an implementation webpage.