The Attorney General’s Office today issued Attorney General’s Opinion 2016 No. 1 in response to an inquiry from Senator Pam Roach (R — Auburn).  The Opinion, which does not advocate a policy position, finds that a non-charter code city in Washington can adopt a district-based general election procedure to avoid a potential violation of the federal Voting Rights Act under circumstances that the Opinion describes.

The Opinion finds that a non-charter city — a city organized under RCW Chapter 35A, such as Pasco, the subject of Sen. Roach’s inquiry — “may both nominate and elect positions on its city council by district, but only if the city has a strong basis in evidence to conclude that its proposed change is necessary to comply with the federal Voting Rights Act.”

The Opinion notes that the potential legal risk facing a city whichever course it may take could be addressed by the Legislature:  “If the legislature allowed code cities to conduct general elections by district, cities like Pasco would not face the dilemma and uncertainty described here.”