Washington state to reimburse counties for ballot drop boxes

SEATTLE — Washington must reimburse all 39 counties in the state for money spent on additional ballot drop boxes required to comply with state law, a judge said.

King County Superior Court Judge Nelson Lee ruled last Wednesday that the law violated a state statute, which prohibits the state from requiring local governments to provide new or expanded service without giving them money to cover the cost, The Daily Herald reported.

“The Court applauds the Washington State Legislature for taking affirmative and substantive steps towards increasing voter participation in elections,” Lee said. “That said, the counties should not be unduly forced to choose between full compliance and extreme economic hardship.”

The Washington State Association of Counties, the lead plaintiff representing the state’s 39 counties, filed the lawsuit last December based on the 2017 state law sponsored by former Republican state Sen. Kirk Pearson. The law requires counties provide at least one drop box for every 15,000 registered voters and a minimum of one box in each city, town and census-designated place with a post office.

Snohomish County, a named plaintiff, has spent $155,000 so far and must add two more to reach compliance, officials said. The county currently has 30 drop boxes, including 18 that were bought and installed since the law took effect.

“Snohomish County fully supports, and has worked diligently to implement, the 2017 legislation expanding access to ballot box locations,” County Prosecuting Attorney Adam Cornell said Thursday. “We are very pleased with the Court’s finding.”

State attorneys did not dispute that the law is “mandatory state legislation” and said there are means for counties to seek reimbursement. They also argued that a law set to take effect next year is expected to give counties another avenue to recoup the cost of election operations in even-numbered years.

A trial to determine the amount the state must pay to each county is scheduled for April 19.