Attorney General gets increased voting rights oversight and investigative authority

The Legislature granted extensive new powers to the Attorney General’s Office (AGO) in several areas likely to impact cities after contemplating a request from the AGO to go even further.

Voting Rights Act enforcement power

In a two-pronged expansion of the 2018 Washington Voting Rights Act, HB 1710 created a new authority for the AGO to review and pause some local government policy implementation, while HB 1750 extended enforcement of the act, including a new limit on ways a jurisdiction can defend policy choices.

Under HB 1710, the AGO must produce by July 1 of every even-numbered year, starting in 2026, a list of jurisdictions that are subject to the new preclearance process. With this process, a wide range of local government decisions that affect how officials are elected, including annexations and plan of government changes, must be approved by the AGO before they can take effect.

HB 1750 broadens the Voting Rights Act by limiting pathways for defending a jurisdiction's policies. Cities must be able to prove that a challenged action is narrowly tailored, is necessary to further a compelling interest, and cannot be effectively substituted for by an alternative policy that creates a lesser burden.

New investigative power

The AGO also gained authority to extend the civil investigative capacity it exercises in consumer protection matters into new areas of law. Under SB 5925, AGO investigators can conduct civil investigations into suspected violations of the federal and state constitutions, the Keep Washington Working Act, and laws concerning jails, wages, and discrimination. Those investigators can demand materials and answers from a person, business, or government entity as part of these investigations and can seek court approval to keep the investigation confidential.

In the bill’s original version, the investigative authority extended to law enforcement tactics and uses of force, and some of the authority could extend to criminal investigations. AWC and other concerned organizations noted that the proposal would be a historic expansion of the AGO’s mission, and amendments narrowed its scope.