Portugal et al. v. Franklin County – Voting Rights Project

With UCLA Voting Rights Project assistance, Latino voters have succeeded on their Washington Voting Rights Act claim and Franklin County Commission seats will be elected in single-member districts.

The UCLA Voting Rights Project (VRP), representing three individual Latino voters and the League of United Latino America Citizens (LULAC), succeeded in demonstrating that Franklin County, Washington was in violation of the Washington Voting Rights Act (WVRA). This order comes after the UCLA VRP sent a notice letter in October 2020 and filed a lawsuit in April 2021. In finding a violation of the WVRA, the Court determined that Latinos in Franklin County had an unequal opportunity to elect candidates of choice in violation of the law. Latinos have never elected a candidate of choice to the Franklin County Commission under the at-large system.

According to the Court’s order, Franklin County Commissioner elections will switch to single-member districts and the County will have until November 8, 2021 to propose a single-member district map. The UCLA Voting Rights project will continue to ensure that any map adopted will not dilute the Latino community.

Plaintiff Gabriel Portugal said, “We are truly pleased about Monday’s court hearing outcome. The Court ruled in our favor that the Franklin County Commissioners are indeed in violation of the law. Now the County’s election system will be changed. Many voters including Latinos in Franklin County now have the right to elect a candidate within their district. This right is an essential part of our democracy. We believe this is a win for everyone in Franklin County.”

“We are proud to have represented our Plaintiffs and look forward to working with our Plaintiffs and members of the Latino community in Franklin County to ensure that these single-member districts are fair,” stated Sonni Waknin, Managing Attorney and Voting Rights Counsel.

Contributors: Sonni Waknin, Chad Dunn, Vivian Alejandre, Michael Rios & Tye Rush

Trial Court Documents

Conformed Amended Complaint for Injunctive Relief Under the WVRA- 5/5/2021

Defendants’ Answer to Complaint for Injunctive Relief Under the Washington Voting Rights Act- 5/12/2021

Plfs’ Second Motion for Partial MSJ Exhibits- 3/21/2022

Plfs’ Second Motion for Partial Summary Judgment- 3/21/2022

Order Approving Settlement – conformed – 5/09/2022

Washington Supreme Court

Opening Brief – 7/28/2022

Brief of Respondents- 9/12/2022

Reply Brief of Appellant- 12/22/2022

Brief of Amicus Curiae Brennan Ctr for Justice ISO Plaintiffs-Respondents- 3/27/2023