Washington § 29A.93.020 - Adoption or administration of covered policies — Review by attorney general — Judicial proceedings.

(1)(a) Prior to adopting or administering a covered policy as defined in RCW 29A.93.010, the governing body of a covered jurisdiction shall submit such covered policy to the attorney general for issuance of a certification of no objection to the proposed covered policy.

(b) The attorney general shall issue a certification of no objection, only if the proposed covered policy:

(i) Will not diminish the ability of the protected class or classes that are the basis for the political subdivision's designation as a covered jurisdiction to participate in the political process or to elect their preferred candidates to office; and

(ii) Does not violate chapter 29A.92 RCW, the federal voting rights act, 52 U.S.C. Sec. 10301 et seq., or other provisions of state or federal law.

(2) No covered policy is effective until the attorney general has issued a certification of no objection.

(3)(a) A certification of no objection may be deemed to have been issued if:

(i) After submitting a covered policy for a certification with the attorney general, the attorney general does not issue an objection within 60 days of the governing body's submission of the covered policy, except when the timeline is extended pursuant to (b) of this subsection; or

(ii) The attorney general affirmatively indicates that no such objection will be made, upon a showing of good cause to facilitate an expedited approval within 60 days of the governing body's submission.

(b) The attorney general may, no more than twice, extend the number of days to issue an objection under (a) of this subsection by 90 days for each extension.

(c) If the attorney general affirmatively indicates that no objection will be made within the 60-day period following the receipt of the governing body's submission, the attorney general may reserve the right to reexamine the submission if the attorney general discovers additional information during the remainder of the 60-day period that would otherwise require an objection in accordance with this section. Upon reexamination, the attorney general may extend the number of days to issue an objection in accordance with (b) of this subsection.

(d) An affirmative indication by the attorney general that no objection will be made or the attorney general's failure to object does not bar a subsequent action to enjoin enforcement of the covered policy.

(4) The attorney general may institute an action in superior court of the county in which the relevant political subdivision is located or in the Thurston county superior court to enjoin a covered jurisdiction from implementing a covered policy and to compel the governing body of the covered jurisdiction to comply with the requirements under subsection (1) of this section.

(5) If the attorney general objects to a covered policy submitted by a covered jurisdiction, the covered jurisdiction may appeal the objection in superior court of the county in which the relevant political subdivision is located or in the Thurston county superior court. No other parties may file an action to appeal an objection by the attorney general to a covered policy nor intervene in any such action brought by the covered jurisdiction. Due to the frequency and urgency of elections, actions brought pursuant to this section shall be subject to expedited proceedings.

(6) In any action under this section, the court has discretion to stay the implementation of the covered policy until it issues its final order or determination. An action under this section does not preclude, bar, or limit any other actions that may be brought regarding the covered policy in any way, including actions brought under other sections of chapter 29A.92 RCW.