WashingtonWashington bars local election rules that burden protected voters
Washington law bars local election practices that materially burden protected voters and lets eligible voters, organizations, or tribes challenge unequal voting power, subject to a funding condition.
What it does
Local governments responsible for elections may not use practices that materially burden protected voters’ ability to vote or take part in politics. A strict exception applies.
Courts assess polarized voting and whether protected voters have an equal chance to elect candidates they prefer when deciding if an election system dilutes their votes.
Local governments may change election systems to address a possible violation. Eligible voters, organizations, or tribes can give notice and sue if the problem remains unresolved.
Argument forProtected voters could challenge election rules that burden their participation or weaken their voting power without proving officials meant to discriminate.
Argument againstLocal governments could face lawsuits over election rules that burden protected voters, even without proof of intent, which may make election planning harder.
More detail
Local governments responsible for elections may not use practices that materially burden protected voters. This applies to counties, cities, towns, school districts, fire protection districts, port districts, and public utility districts responsible for elections. Protected voters are members of racial, color, or language minority groups, who may form a coalition. A government avoids a violation only by clearly proving the practice is narrowly tailored and necessary for a specific, compelling state interest, and that no less burdensome option exists. A claim does not require proof of intent to discriminate. The listed small cities, towns, and school districts are excluded. The law takes effect June 11, 2026, but is void unless specific funding is provided by June 30, 2026.
Courts consider polarized voting and voters’ equal chance to elect candidates they prefer when assessing vote dilution. These provisions concern local election systems and claims that vote dilution denies protected voters an equal chance to elect candidates they prefer. Courts need not consider why polarized voting exists, and no single factor is required or decisive. A coalition may bring a claim if its combined voting preferences are polarized against the rest of the electorate. The law takes effect June 11, 2026, but is void unless specific funding is provided by June 30, 2026.
Local governments may change their election systems to address a possible violation; eligible voters, organizations, or tribes may give notice and later sue. Eligible claimants include local voters, organizations with a local voter among their members or volunteers, and tribes located at least partly in the local government area. Before adopting a voluntary plan, a local government must give public notice and hold at least one hearing. If five percent or more of residents, or 500 residents, whichever is fewer, have limited English proficiency and speak another language, it must provide notice and announcements in languages residents can understand. A claimant generally must give notice and wait 90 days before suing. Exceptions allow a suit seeking urgent relief for an upcoming election, joining an existing case, or challenging a remedy that does not address the stated violation. The law takes effect June 11, 2026, but is void unless specific funding is provided by June 30, 2026. A claimant generally may sue after the government has 90 days to respond.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 25Effective date 6/11/2026.Latest
- Mar 25Chapter 215, 2026 Laws.Major
- Mar 25Governor Bob Ferguson signed.Became Law
- Mar 12Delivered to Governor.To Governor
- Mar 12President signed.Major
- Mar 12Speaker signed.Passed Senate
- Mar 11Passed final passage; yeas, 58; nays, 38; absent, 0; excused, 2.Passed House
- Vote recorded Final Passage as Amended by the Senate (#15). Result: pass.Lower
- Mar 11House concurred in Senate amendments.
- Feb 28Third reading, passed; yeas, 30; nays, 19; absent, 0; excused, 0.Minor
- Vote recorded 3rd Reading & Final Passage as Amended by the Senate (#15). Result: pass.Upper
- Feb 28Rules suspended. Placed on Third Reading.Minor
- Feb 28Committee amendment(s) adopted with no other amendments.
- Feb 27Placed on second reading by Rules Committee.Minor
- Feb 25Passed to Rules Committee for second reading.
- Feb 24Minority; without recommendation.Minor
- Feb 24Minority; do not pass.Minor
- Feb 24SGTE - Majority; do pass with amendment(s).Minor
- Feb 24Executive action taken in the Senate Committee on State Government, Tribal Affairs & Elections at 1:30 PM.
- Feb 20Public hearing in the Senate Committee on State Government, Tribal Affairs & Elections at 10:30 AM.
- Feb 16First reading, referred to State Government, Tribal Affairs & Elections.Minor
- Feb 12Third reading, passed; yeas, 57; nays, 37; absent, 0; excused, 4.Minor
- Vote recorded 3rd Reading & Final Passage (#33). Result: pass.Lower
- Feb 12Rules suspended. Placed on Third Reading.Minor
- Feb 12Floor amendment(s) adopted.
- Feb 122nd substitute bill substituted (APP 26).Major
- Feb 11Rules Committee relieved of further consideration. Placed on second reading.Minor
- Feb 4Referred to Rules 2 Review.Minor
- Feb 2Minority; do not pass.Minor
- Feb 2APP - Majority; 2nd substitute bill be substituted, do pass.Major
- Feb 2Executive action taken in the House Committee on Appropriations at 4:00 PM.
- Jan 12Referred to Appropriations.Minor
- Jan 12Rules Committee relieved of further consideration.
- Jan 12By resolution, reintroduced and retained in present status.
- 2025
- Feb 28Referred to Rules 2 Review.Minor
- Feb 27Minority; do not pass.Minor
- Feb 27APP - Majority; do pass 1st substitute bill proposed by State Government & Tribal Relations.Minor
- Feb 27Executive action taken in the House Committee on Appropriations at 9:00 AM.
- Feb 22Public hearing in the House Committee on Appropriations at 9:00 AM.
- Feb 13Referred to Appropriations.Minor
- Feb 11Minority; without recommendation.Minor
- Feb 11Minority; do not pass.Minor
- Feb 11SGOV - Majority; 1st substitute bill be substituted, do pass.Major
- Feb 11Executive action taken in the House Committee on State Government & Tribal Relations at 1:30 PM.
- Feb 5Public hearing in the House Committee on State Government & Tribal Relations at 1:30 PM.
- Jan 30First reading, referred to State Government & Tribal Relations.Introduced
Civil Rights & Voting