Washington Administrative Code Title 417 - Redistricting Commission
What is WAC Title 417?
WAC Title 417 governs the Washington State Redistricting Commission. The Commission is responsible for redrawing legislative and congressional district boundaries every ten years, following the decennial U.S. Census. The goal is to ensure districts are roughly equal in population and comply with legal standards, such as the Voting Rights Act.
Purpose of the Redistricting Commission
Ensure fair representation: Adjust district lines based on population changes to maintain equal representation.
Comply with legal mandates: Follow federal and state laws, including the "one person, one vote" principle, the Voting Rights Act, and state constitutional provisions.
Avoid partisan gerrymandering: The Commission aims to be bipartisan and minimize politically motivated manipulation of district boundaries.
Key Provisions in WAC Title 417
Membership: The Commission consists of five members—four appointed by the two largest parties in the state legislature (two by each party), and a nonvoting chair selected by those four members.
Deadlines: The Commission must complete and submit the redistricting plans by specific statutory deadlines to allow for implementation before the next election cycle.
Public Input: The Commission is required to conduct public hearings and gather input from citizens.
Criteria for Redistricting:
Equal population among districts.
Compliance with federal Voting Rights Act.
Preservation of political subdivisions and communities of interest.
Contiguity and compactness of districts.
Approval process: The Commission votes on the plan; a supermajority is often required.
Legal Framework & Case Law Relevant to Washington Redistricting
1. One Person, One Vote Principle
Based on the U.S. Supreme Court rulings in cases like Reynolds v. Sims, 377 U.S. 533 (1964), state legislative districts must be approximately equal in population to uphold the Equal Protection Clause of the 14th Amendment.
Washington’s Commission must comply with this to avoid legal challenges.
2. Voting Rights Act Compliance
The Commission must ensure that redistricting does not dilute minority voting strength, following Section 2 of the Voting Rights Act (42 U.S.C. § 1973).
Cases like Thornburg v. Gingles, 478 U.S. 30 (1986) provide tests for whether minority voters have less opportunity to elect candidates of their choice.
3. Partisan Gerrymandering Challenges
Although federal courts, notably in Rucho v. Common Cause, 588 U.S. ___ (2019), have ruled partisan gerrymandering claims non-justiciable in federal courts, states like Washington can impose their own standards through state law.
Washington’s bipartisan Commission structure is designed to minimize such disputes.
4. Washington State Supreme Court Cases
League of Women Voters v. State (2015): The Washington State Supreme Court upheld the redistricting process conducted by the Commission, emphasizing transparency, public participation, and adherence to state laws.
State ex rel. Kinnear v. State (1999): This case underscored the importance of the Commission following statutory deadlines and procedures in the redistricting process.
Summary
WAC Title 417 creates a bipartisan Commission tasked with drawing district maps every 10 years.
The Commission must comply with population equality, Voting Rights Act, and other state legal criteria.
The legal backdrop includes constitutional requirements for equal representation and protections against racial vote dilution.
Washington’s approach includes safeguards to prevent partisan abuse, relying on bipartisan appointments and public involvement.
Case law from both federal and state courts guides the Commission’s authority and the legal standards to be applied.
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