Story v. Anderson

611 P.2d 764, 93 Wash. 2d 546, 1980 Wash. LEXIS 1305
CourtWashington Supreme Court
DecidedMay 22, 1980
DocketNo. 45143
StatusPublished
Cited by10 cases

This text of 611 P.2d 764 (Story v. Anderson) 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
Story v. Anderson, 611 P.2d 764, 93 Wash. 2d 546, 1980 Wash. LEXIS 1305 (Wash. 1980).

Opinions

Utter, C.J.

An opinion in this case was reported in Story v. Anderson, 91 Wn.2d 667, 588 P.2d 1179, 590 P.2d 1272 (1979). We granted reconsideration, and now vacate our earlier opinion and affirm the trial court's holding that the Island County district scheme for electing county commissioners violates the equal protection clause of the fourteenth amendment to the United States Constitution.

Under the statutory provisions governing elections of county commissioners in this state, every county must be divided into three commissioner districts. RCW 36.32.020. The board of county commissioners consists of three commissioners, each of whom resides in one of the three districts. RCW 36.32.010, 36.32.050. The candidates for each position are nominated by the qualified voters of their district. RCW 36.32.040. Nomination is either through the primary election or a minor party convention. RCW 29.18, 29.24. The voters in the entire county then vote in a general election to select commissioners from the pool of candidates for each position. RCW 36.32.050.

The general requirement for drawing district lines is that each of the three districts in the county must comprise, "as nearly as possible one-third of the population of the county". RCW 36.32.020. However, a special statutory exception permits counties which are composed entirely of islands to draw district lines without regard for population. RCW 36.32.020(1) provides that:

The commissioners of any county composed entirely of islands may divide their county into three commissioner districts without regard to population, except that if any [548]*548single island is included in more than one district, the districts on such island shall comprise, as nearly as possible, equal populations;

The Island County commissioner district scheme was established pursuant to this statutory provision. Island County is located in Puget Sound and consists primarily of Whidbey Island, Camano Island, and two small, relatively unpopulated islands. The county is divided into three commissioner districts. The first is made up of central and south Whidbey Island, the second of northern Whidbey Island, and the third encompasses all of Camano Island. The first district has a predominantly agricultural area in central Whidbey Island, with the southern part of the district consisting of open space with a scattering of commercial and residential development. District two has a large naval airfield within its boundaries and also contains the city of Oak Harbor. Commissioner district three, Camano Island, is essentially a residential area with the shorelines completely populated and residential development of inland areas as well.

The population of Island County on June 9, 1977, included 9,228 persons in district one; 24,646 in district two; and 3,589 in district three. As of April 1, 1977, the registered voter totals in the respective districts were 6,058 in district one; 7,657 in district two; and 2,510 in district three.

Respondent Edward Story, a resident of north Whidbey Island, claims that the primary election scheme as applied to Island County violates the equal protection clause of the fourteenth amendment to the United States Constitution because the inequality of populations of the three districts results in more strongly weighted votes for the residents of the smaller districts. The combination of the primary and general elections assures the voters from district three that even though they comprise less than 10 percent of the total population and just over 15 percent of the registered voters, nonetheless a candidate chosen by that district alone in the primary election will exercise one-third of the voting power [549]*549of the entire county as an elected county commissioner. Respondent sought a writ of mandamus in superior court directing the commissioners of Island County to divide the county into three districts which would each comprise, as nearly as possible, one-third of the population of the county. The trial court found that the Island County district scheme violates equal protection, and granted the writ of mandamus to redivide the districts. We granted direct review of this decision.

The equal protection clause requires that all citizens be permitted to participate equally in the election process. Reynolds v. Sims, 377 U.S. 533, 565-66, 12 L. Ed. 2d 506, 84 S. Ct. 1362 (1964). This constitutional principle produces two fundamental requirements in establishing state voting districts: (1) The districts must have "substantial equality of population" in order to insure that "the vote of any citizen is approximately equal in weight to that of any other citizen in the State." Reynolds v. Sims, supra at 579. (2) In establishing these equally large districts, the district lines must not be drawn in such a way as to invidiously dilute the voting strength of a particular racial or political element of the voting population. White v. Regester, 412 U.S. 755, 765-70, 37 L. Ed. 2d 314, 93 S. Ct. 2332 (1973). See generally L. Tribe, American Constitutional Law 738-67 (1978). Different analyses are employed for violations of these two requirements. When a violation of the first requirement, the "one person, one vote" principle, is alleged, the focus is on whether there are impermissibly large deviations in population among the voting districts. E.g., Reynolds v. Sims, supra at 579-80. When violations of the latter requirement are claimed, the focus is on whether there has been invidious discrimination against racial or political groups, rather than on whether there is mathematical exactness of voting populations. E.g., Dallas County v. Reese, 421 U.S. 477, 480, 44 L. Ed. 2d 312, 95 S. Ct. 1706 (1975).

[550]*550In the present case, respondent Edward Story claims only that the inequality of the Island County district populations violates the one person, one vote requirement. The one person, one vote principle requires "substantial equality of population" among state voting districts (Reynolds v. Sims, supra at 579), in order to "insure, as far as is practicable, that equal numbers of voters can vote for proportionately equal numbers of officials." Hadley v. Junior College Dist., 397 U.S. 50, 56, 25 L. Ed. 2d 45, 90 S. Ct. 791 (1970).

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Bluebook (online)
611 P.2d 764, 93 Wash. 2d 546, 1980 Wash. LEXIS 1305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/story-v-anderson-wash-1980.