About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


2016 Op. Wash. Att'y Gen. 1 (2016)

handle is hein.sag/sagwa2016 and id is 1 raw text is: Washington State Office of the A ttorney (eneral Attorney General Bob Ferguson AUTHORITY OF CODE CITES TO MODIFY SYSTEM FOR ELECTING CITY COUNCIL MEMBERS TO COMPLY WITH FEDERAL VOTING RIGHTS ACT AGO 2016 No. 1 - Jan 28 2016 Attorney General Bob Ferguson ELECTIONS-CITIES AND TOWNS-FEDERAL PREEMPTION-Authority Of Code Cites To Modify System For Electing City Council Members To Comply With Federal Voting Rights Act 1.State law allows a code city to divide into wards for use at the primary for nominating candidates for the city council but requires that all city council members be elected at large at the general election. 2.A code city may choose to use wards for both nominating candidates in the primary and for electing city council members at the general election if, but only if, the city has a strong basis in evidence for concluding that Section 2 of the federal Voting Rights Act compels the city to do so. January 28, 2016 The Honorable Pam Roach State Senator, District 31 PO Box 40431 Cite As: Olympia, WA 98504-0431 AGO 2016 No. 1 Dear Senator Roach: By letter previously acknowledged, you have requested our opinion on the following question: May a non-charter code city subject to RCW 35A.12.180, having a large minority population, adopt a district-based general election procedure to avoid a potential violation of section 2 of the federal Voting Rights Act? BRIEF ANSWER