Voting rights complaint targets Franklin PUD. It says Latino voters are squeezed out
The Franklin PUD’s election system is being challenged as unfair to Latino voters by the same organization that succeeded in getting the county voting system changed.
The UCLA Voting Rights Project has served the Pasco-based public utility district with a notice, saying that county-wide elections for PUD commissioners do not give Latino voters the opportunity to elect candidates of their choice.
Hispanics make up 37% of the voting age population of U.S. citizens in Franklin County, but no Hispanic person has been elected to the three-person commission in at least 20 years, according to the UCLA Voting Rights Project.
It’s saying the PUD voting system needs to be replaced with an entirely district-based system and for the district boundaries to provide Latinos with an equal opportunity to elect candidates of their choice.
District voting is used in primary elections to narrow the candidates, but all voters in the county may cast ballots in the general election to fill the three commissioner positions.
The current election system presents a barrier for Latinos to have an equal opportunity to elect candidates of their choice to the full board in violation of the Washington Voting Rights Act and the Washington State Constitution, according to the complaint.
“It is disheartening to see that, even in 2024, Latina/os still lack fair representation, especially in a place where they make up such a large segment of the population,” said Kennewick attorney Edwardo Morfin, in a statement.
The complaint was filed by the UCLA project and Morfin Law Firm on behalf of Gabriel Portugal and Jose Trinidad Corral, both Pasco members of the League of United Latin American Citizens.
They were behind a similar complaint filed with Franklin County that led to a settlement two years ago to change district-based voting for the three county commissioners.
When county commissioners took no action in the six months following the county complaint, the UCLA Voting Rights project filed a lawsuit. The settlement required the county to pay $375,000 in attorneys fees.
Similar challenges in recent years in the cities of Pasco and Yakima resulted in wholesale changes in their voting districts.
The Franklin PUD has three months to respond to the complaint. The UCLA Voting Rights Project says it is prepared to take further legal action if it does not find the response satisfactory.
“We advocate for an election system that genuinely reflects the diverse voices within Franklin County,” it said.
The UCLA Voting Project says that in the 2018 election for Franklin PUD commissioner position 3, Cynthia Parker had the most votes in precincts with a high density of Latino voters but the least in precincts with a high density of white voters.
The position will be contested again in November, with PUD Commissioner Stu Nelson being challenged by Pedro Torres.
PUD rate increase
The geographic area of the Franklin PUD has a history of ethnic and racial tension between white and Latino communities, the UCLA Voting Project said in its complaint.
East Pasco was once the only part of the city open to minority residents.
“Not surprisingly, Franklin County Latino voters endure the widespread effects of past and present discrimination in areas such as education, employment and health, which impacts their ability to engage in the local political process,” the complaint said.
The complaint quoted U.S. Census statistics that said:
▪ Almost one in five Latinos in Franklin County live below the poverty line compared to 7% of white residents.
▪ Per capita income is $25,000 less for Latino residents than white residents of the county.
▪ About 8% of Latinos in the county have at least a bachelor’s degree, compared to almost 29% of white residents.
▪ Latino home-ownership rates in the county are 35% compared to a rate of 76% for white residents.
▪ Latinos are less likely to have health insurance than white residents in the county.
The PUD raised utility rates for the first time in six years effective last month. The 3% annual rate hike through 2027 will burden low income residents who are often Hispanic, the complaint said.
The Franklin PUD received the complaint last week and commissioners will be discussing it, the PUD said.
