The status of redistricting in Washington State.
After missing a Nov. 15, 2021 deadline, the Washington State Redistricting Commission approved congressional and state legislative maps just minutes later on Nov. 16th. Despite the missed deadline, the Commission asked the State Supreme Court to consider the late adopted maps. In the days after the Commission adopted its maps, two legal challenges were filed, including one from a government transparency group alleging that commissioners flouted the public meetings law by negotiating secretly for hours on November 15, 2021 before taking a rushed vote at midnight. That lawsuit claimed, “Commissioners held a pro forma, last-minute vote to fabricate the perception of a public consensus when the Commission was undecided as to the final boundaries, or it had reached such a consensus privately, equally still violative of the public’s interest.”
On Dec. 3, 2021, the court agreed with the Commission and declined to take jurisdiction over redistricting since the Commission had “substantially complied” with the statutory deadline. In its order declining jurisdiction, the Court also described the chaotic hours leading up to the statutory deadline, as provided by sworn declaration from the Chair of the Commission:
“At the beginning of the Commission’s November 15, 2021 meeting, it appears that the composition of only legislative districts 28, 44, and 47 remained in dispute. This dispute was resolved before midnight on November 15, 2021. That night, at 11:59:28 p.m., the Commission voted unanimously to approve a congressional redistricting plan, and, at 11:59:47 p.m., voted unanimously to approve a legislative redistricting plan. At 12:00:08 a.m. on November 16, 2021, the Commission voted to approve a formal resolution adopting the redistricting plan. Although the Commission met the constitutional deadline to adopt a redistricting plan, the chair’s sworn declaration establishes that the Commission failed to transmit that redistricting plan to the legislature by the statutory deadline.“
On January 6, 2022, the State Supreme Court declined to hear challenges to the commission’s maps based on Open Meetings law violations. Unanimously, the justices rejected consolidating and accepting the two cases, but cautioned that the court’s decision was limited to procedural challenges and did not address “the map’s compliance with any other statutory and constitutional requirements.”
On January 19, 2022, a coalition of Latino voters filed a lawsuit against the Redistricting Commission. The coalition of Yakima Valley voters claims that the redrawn 15th Legislative District dilutes Latino voter strength by excluding key Latino communities. The lawsuit was filed in the U.S. District Court of the Western District of Washington in Seattle on behalf of several Yakima Valley residents and the Southcentral Coalition of People of Color for Redistricting. The central claim is that the redistricting plans offer a “facade of a Latino opportunity district” because, while the percentage of Latino voters is 50.02, which meets the majority population standard for the 15th Legislative District, the commission’s approved map effectively dilutes Latino voting power.
On Feb. 8, the Washington State Legislature adopted final Congressional and Legislative District maps.
About the Washington Redistricting Commission
The 5-member bipartisan Washington State Redistricting Commission is responsible for redrawing congressional and state legislative districts. Four commissioners are appointed by the Legislature and the commissioners appoint a fifth, non-voting, non-partisan, chairperson. Commissioners cannot be elected officials. The Redistricting Commission has a November 15, 2021 deadline to submit maps to the state legislature. The legislature must approve the commission’s map within 30 days.
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