Marchioro v. Chaney

582 P.2d 487, 90 Wash. 2d 298, 1978 Wash. LEXIS 1213
CourtWashington Supreme Court
DecidedJuly 20, 1978
Docket45014
StatusPublished
Cited by38 cases

This text of 582 P.2d 487 (Marchioro v. Chaney) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marchioro v. Chaney, 582 P.2d 487, 90 Wash. 2d 298, 1978 Wash. LEXIS 1213 (Wash. 1978).

Opinions

Dolliver, J.

This is an action for declaratory and injunctive relief brought by plaintiffs who are active in the affairs of the Democratic Party in the State of Washington. Included are the chairwoman of the King County Democratic Central Committee, the chairmen of the Pierce County and Spokane County Democratic Central Committees, and several members of the Democratic Party of the State of Washington. Defendants are the incumbent chairman and the members of the Washington State Democratic Committee, established in conformity with RCW 29.42.020.

The bases of plaintiffs' action are that (1) RCW 29.42-.020 and .030, which provide the two members of the State Democratic Committee elected by the county central committees be of the opposite sex and the chairman and vice-chairman of the State Democratic Committee be of the opposite sex, violate Const. art. 31, the equal rights amendment (ERA); (2) RCW 29.42.020, by regulating the size and composition of the State Democratic Committee, violates the right of freedom of association found in the first amendment to the United States Constitution and Const. art. 1, § 4, the right to assemble; and (3) the "Charter of the Democratic Party of Washington" adopted by the Washington State Democratic Convention in Olympia on June 12, 1976, which, inter alia, in article 4(G)4 provided for the composition of the state committee, is binding on the State Democratic Committee. Article 4(G)4 specifically provides:

[301]*301The State Democratic Committee membership shall be organized according to state law: however, in addition to having two (2) delegates per county as voting members, each legislative district shall elect one voting member. Each district representative shall be allowed to vote on all matters or issues, policies and goals which would reasonably fall within the function of the state convention and as allowed by state law. Legislative district representatives shall be elected by the Legislative district organization at their organization meeting, or by the county chairpersons and the state committee persons of the counties within the district with their votes being weighted on the same basis as the last previous state convention in those districts with more than one county.

The trial court granted summary judgment for plaintiffs on each of these claims. We reverse on issues (1) and (2) and partly affirm and partly reverse on issue (3).

The state committee referred to in RCW 29.42.020 and .030 was created by laws enacted in 1909. Laws of 1909, ch. 82, § 6, p. 175. At that time, the state committee was composed of one member elected by the county committee from each county. In 1927, the composition from each county to the state committee was changed to one committeeman and one committeewoman. Laws of 1927, ch. 200, § 1, p. 287. In 1939, the requirement was enacted which provided for officers of the state and county committees and the further mandate that they must include a chairman and vice-chairman who shall be of the opposite sex. Laws of 1939, ch. 48, § 1, p. 153. Regulation by statute of political parties in this state has been in effect since 1907. Laws of 1907, ch. 209, p. 457. State committees, whose size and composition were mandated by statute, have been in effect since 1909; equal representation by sex of the governing body of the state committee has been required since 1927; and a state committee chairman and vice-chairman of' the opposite sex have been required since 1939.

Before proceeding to the substantive issues, there is a procedural matter to be considered. Defendants argue the trial court did not have jurisdiction because of plaintiffs' [302]*302failure to join the State Republican Committee in this action. Defendants point to RCW 7.24.110 which requires joinder of "all persons . . . who have of claim any interest which would be affected" in an action for declaratory relief and to CR 19 which requires the joinder of indispensable parties. It is alleged the State Republican Committee, also constituted by RCW 29.42.020, has an interest which will be affected should that statute or portions of it be held unconstitutional: i.e., defendants allege if the statute is held unconstitutional, all state committees established under it, since they have no other statutory authority, will cease to exist.

We have held joinder is required only when the interest of the other persons.might be adversely affected by the proceedings. Williams v. Poulsbo Rural Tel. Ass'n, 87 Wn.2d 636, 643, 555 P.2d 1173 (1976). Also, CR 19(a)(2)(A) requires joinder when a person claims an interest and the proceedings may "as a practical matter impair or impede his ability to protect that interest". Thus, the question is whether an interest of the State Republican Committee may be prejudiced by the proceedings.

RCW 29.42.020 establishes state committees as integral parts of the party organization. King County Republican Cent. Comm. v. Republican State Comm., 79 Wn.2d 202, 211, 484 P.2d 387 (1971). It also enumerates certain powers of the state committee and provides for a meeting in January of each odd-numbered year. Even if a portion of a statute is void, the entire statute need not be struck down unless the invalid portion is unseverable. See State ex rel. Distilled Spirits Inst., Inc. v. Kinnear, 80 Wn.2d 175, 176, 492 P.2d 1012 (1972).

Here, as pointed out by plaintiffs, the relief sought would serve only to lift restrictions on the party's power to constitute its state committee; it would not eliminate the committee. Thus, although the requirement that committee members be of a certain sex or be chosen pursuant to a certain formula may be void, the statutory establishment [303]*303and enumeration of powers would remain, and the committee would not cease to exist or be hindered in any way. The real interest of the State Republican Committee is to exercise the powers enumerated in RCW 29.42.020. The continued exercise of these powers is not threatened by this action. We hold no interest is prejudiced, and we hold the trial court had jurisdiction.

I

The Equal Rights Amendment

Prior to reaching the ERA issue, we must address defendants' argument that plaintiffs have made no showing of actual or imminent injury to themselves and thus have no standing.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Blomstrom v. Tripp
Washington Supreme Court, 2017
Rhoades v. DEPARTMENT OF LABOR AND INDUSTRIES, STATE
181 P.3d 843 (Court of Appeals of Washington, 2008)
Rhoades v. Department of Labor & Industries
181 P.3d 843 (Court of Appeals of Washington, 2008)
Andersen v. King County
158 Wash. 2d 1 (Washington Supreme Court, 2006)
State v. Harris
123 Wash. App. 906 (Court of Appeals of Washington, 2004)
State ex rel. Tompras v. Board of Election Commissioners
136 S.W.3d 65 (Supreme Court of Missouri, 2004)
State v. Glenn
62 P.3d 921 (Court of Appeals of Washington, 2003)
Guard v. Jackson
132 Wash. 2d 660 (Washington Supreme Court, 1997)
Griffin v. Eller
922 P.2d 788 (Washington Supreme Court, 1996)
Guard v. Jackson
921 P.2d 544 (Court of Appeals of Washington, 1996)
Arnold v. Department of Retirement Systems
875 P.2d 665 (Court of Appeals of Washington, 1994)
State v. Burch
830 P.2d 357 (Court of Appeals of Washington, 1992)
Roy v. City of Everett
823 P.2d 1084 (Washington Supreme Court, 1992)
State v. Brayman
751 P.2d 294 (Washington Supreme Court, 1988)
Blair v. Washington State University
740 P.2d 1379 (Washington Supreme Court, 1987)
Department of Labor & Industries v. Wendt
735 P.2d 1334 (Court of Appeals of Washington, 1987)
Burning Tree Club, Inc. v. Bainum
501 A.2d 817 (Court of Appeals of Maryland, 1985)
Franklin County Sheriff's Office v. Sellers
646 P.2d 113 (Washington Supreme Court, 1982)
MacLean v. First Northwest Industries of America, Inc.
635 P.2d 683 (Washington Supreme Court, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
582 P.2d 487, 90 Wash. 2d 298, 1978 Wash. LEXIS 1213, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marchioro-v-chaney-wash-1978.