Portugal et al. v. Franklin County

The UCLA Voting Rights Project (VRP), successfully represented three individual Latino voters and the League of United Latino America Citizens (LULAC) in challenging Franklin County’s use of the at-large method of election for County Commissioner seats under the Washington Voting Rights Act (WVRA).

The UCLA VRP sent a notice letter under the WVRA in October 2020 and filed a lawsuit in April 2021. The plaintiffs argued that Latinos have never elected a candidate of choice to the Franklin County Commission under the at-large system due to racially polarized voting in combination with other factors. After a year of litigation, Franklin County settled the lawsuit.

Under the settlement, Franklin County Commissioner elections will now operate under single-member districts. After the settlement, an intervenor in the case filed a petition with the Washington Supreme Court to have the Washington Voting Rights Act declared unconstitutional. The UCLA VRP, representing the Plaintiffs, supported the WVRA’s constitutionality before the Washington Supreme Court. The Washington Supreme Court ruled that the WVRA was constitutional. The United States Supreme Court denied review.

Contributors: Sonni WakninChad DunnVivian AlejandreMichael 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

Brief of Law School Clinics Focused on Civil Rights as Amici Curiae- 3/27/2023

Amicus Brief of State of Washington- 4/03/2023

OneAmerica and CLC Amici Curiae Brief- 4/03/2023

Slip Opinion- 6/15/2024


U.S. Supreme Court

Gimenez Petition Final- 11/07/2023

Gimenez PFC Appendix- 11/07/2023

Portugal Respondents’ Waiver of Right to Respond- 11/28/2023

Amicus Brief Project on Fair Representation- 12/13/2023

Court Letter Requiring Response from Portugal Respondents- 12/28/2023

Respondents Letter Requesting Extension to File Response- 1/12/2024

Brief in Opposition Final- 2/28/2024

Gimenez Reply Brief Final- 3/13/2024

SCOTUS Letter Denying Gimenez Writ of Certiorari- 4/01/2024