(The Center Square) – A federal judge has directed state officials to revise the boundary of Washington’s 15th Legislative District to address issues of voter inequality affecting Hispanic and Latino populations in the greater Yakima Valley.
Five registered Latino voters filed a lawsuit in U.S. District Court in Seattle, alleging that a redistricting plan adopted in February 2022 “cracks the Latino vote” within the region and violates the federal Voting Rights Act of 1965.
“Cracking” is a type of vote dilution that splits groups of voters among multiple districts so they fall short of a majority in each one.
As a result, the plaintiffs sought a court order barring Secretary of State Steve Hobbs’ office from conducting elections there.
In a ruling issued Thursday. U.S. District Court Judge Robert S. Lasnik wrote that the 15th Legislative District boundary — combined with other social, economic, and historical factors in the Yakima Valley — results in “an inequality in the electoral opportunities … (for) Latino voters in the area.”
Lasnik said the state has until Feb. 7, 2024 to adopt revised boundary maps for the region, defined as including parts of Adams, Benton, Franklin, Grant, and Yakima counties within the adjacent 13th, 14th, and 15th legislative districts.
If the February deadline is not met, Lasnik said the court itself will adopt a new redistricting plan that will be submitted to the Secretary of State’s office and be in effect for the 2024 elections.
He instructed the involved parties to notify the court by Jan. 8 whether a reconvened state redistricting commission is able provide a redrawn map to the Legislature by Feb. 7. If not, any proposed maps and materials must be submitted by Jan. 15 to the court for consideration.
The 15th Legislative District is represented by Sen. Nikki Torres of Pasco and Reps. Bruce Chandler of Granger and Bryan Sandlin of Zillah, all Republicans.
In his 32-page ruling, Lasnik noted that Torres is one of three Latino candidates elected to the state legislature, albeit under a challenged map, but said it was “a welcome sign that the race-based bloc voting that prevails in the Yakima Valley is not insurmountable.”
But Lasnik also noted the testimony of the lawsuit’s lead plaintiff, Susan Soto Palmer, and her alleged experience of “blatant and explicit racial animosity while campaigning for a Latino candidate in LD 15.”
Lasnik said that not only suggested white voter antipathy toward Latino candidates, but also a fear to campaign in areas that are predominantly white because of safety concerns.
Still, the judge said the legal question he addressed was not whether the boundaries of Legislative District 15 were intended to discriminate against Latino voter. Rather, it was that the plaintiffs lacked an equal opportunity to participate in political processes and to “elect the candidates of their choice,” Lasnik wrote.
He was not persuaded by opposition arguments from lawsuit intervenors, led by Jose Trevino, who contended the Yakima Valley’s Latino community generally preferred Democratic candidates, which made their choices politically partisan, rather than discriminatory based on race or color.
Lasnik also noted there is a separate and parallel lawsuit involving plaintiff Benancio Garcia III, who contends that Legislative District 15 is an illegal racial gerrymander. A three-judge federal district court panel is hearing that matter and a separate order is expected.
In Washington state, a redistricting commission is appointed every 10 years to redraw state legislative and congressional district boundaries, based on most-recent census data. The state legislature appoints four commissioners – two Democrats and two Republicans – who then appoint a fifth, non-voting, non-partisan chair.
In 2022, the commissioners struggled to complete their task on time, in part because of delays in receiving 2020 census data. At the time, Lasnik denied a request to block the final maps from being used because of the rapidly approaching election cycle.
However, last week’s ruling by Lasnik now says the state can reconvene the commission to revise the disputed 15th Legislative District boundary. To do so will require the state Legislature to call itself into special session before January with a two-thirds majority vote in both chambers, or for Gov. Jay Inslee to call for a special session.
In an emailed comment this Tuesday, spokesperson Jaime Smith said the governor’s office plans to “discuss options with legislative leaders. No decisions have been made.”
