On May 11, the Washington Supreme Court will hear oral arguments in a case claiming the Washington Voting Rights Act violates the federal Equal Protection Clause and the state Privileges and Immunities Clause. Portugal v. Franklin County is a case of first impression for Washington’s high court, and its outcome could determine whether minority voters can look to state law and state courts to challenge discriminatory election systems in local government. The outcome could have consequences for voters in other states with similar voting rights acts if the decision is replicated in any of those places.
Since its passage in 2018, the Washington Voting Rights Act has ensured that communities of color have an equal opportunity to elect candidates to county commissions, city councils, school boards, and local governments. While the law applies to local governments no matter what type of election system is utilized, the act’s drafters were particularly concerned with at-large systems, where candidates for a representative body such as a city council run jurisdiction-wide and face the entire electorate. This kind of election is widely used across Washington.
In at-large systems, when white voters form a numerical majority and consistently oppose candidates favored by minority voters — a tendency known as racially polarized voting — communities of color can be entirely shut out of power, even when their population is sizeable. Such patterns go hand in glove with, and perpetuate,...
By Brad Brooks and Nathan Layne Sept 15 (Reuters) – The U.S. Supreme Court’s rejection of President Donald Trump’s bid to restrict mail-in ballots is unlikely to stop his attacks on voting by mail...