Cases & Actions
Portugal v. Franklin County
In conjunction with the Civil Rights and Justice Clinic at the University of Washington School of Law, ELC filed a brief of Law School Clinics focused on Civil Rights as Amici Curiae. The brief argues the rights the Washington Voting Rights Act (“WVRA”) creates flow to members of all racial groups, and the remedies it envisions can be entirely race-neutral. It contends the WVRA is not at odds with the Equal Protection Clause, as Appellant James Gimenez argues. Oral argument is set to be held on May 11, 2023.
STATUS: CLOSED
UPDATED: June 15, 2023
UPDATE: On June 15, 2023, the Supreme Court of Washington upheld the Washington Voting Rights Act (WVRA), protecting Washington voters from discrimination on the basis of race, color, or language minority group.
BACKGROUND
The Washington Voting Rights Act (WVRA) was enacted in 2018 to vindicate the right of Washington voters to be free from discriminatory local election systems. Building on the protections of the federal Voting Rights Act of 1965, the WVRA provides a remedy in state law for discriminatory race-based vote dilution by allowing voters to challenge election systems that dilute their votes and deny them equal opportunity to elect candidates of their choice. The WVRA also allows any political subdivision to proactively change its electoral system to remedy a potential violation.
The plaintiffs in the underlying case are the League of United Latin American Citizens and three Latino voters who live in Franklin County and are represented by the UCLA Voting Rights Project. Plaintiffs allege that the Franklin County Commission’s at-large electoral system violates the WVRA by denying the Latino community the ability to regularly elect its candidates of choice. An unopposed summary judgment motion was granted in the case on September 13, 2021, but was later vacated on October 11, 2021. The motion for judgment on the pleadings was filed by an Intervenor-Defendant on November 10, 2021.
DOCUMENTS
Superior State Court
December 2, 2021
Washington Supreme Court
Portugal v. Franklin County - Amicus Brief
March 27, 2023
Portugal v. Franklin County - Opinion
June 15, 2023