AGO 1949-51 No. 161.

• Case Date: November 17, 1949
• Court: Washington

Washington Attorney General Opinions 1949. AGO 1949-51 No. 161. November 17, 1949[Orig. Op. Page 1]PRIVATECONGRESSIONAL DISTRICT BOUNDARIES.Legislature may change boundaries of existing congressional districts.Precinct changes do not affect boundaries of congressional districts.Honorable Corwin P. Shank State Senator, 46th District Route 1, Box 344 Kirkland, WashingtonCite as: AGO 1949-51 No. 161Dear Senator Shank: This is in answer to your letter of August 23 in which you ask the following questions: 1. Under Article XXVII, § 13 of the State Constitution, may the legislature revise the boundaries of congressional districts to meet population shifts as they occur, or only in the event of a new apportionment by Congress? 2. What is the effect upon congressional districts of the creation of new precincts in the area north of Seattle, where the districts were designated by statute as consisting of certain named precincts. Our conclusions are summarized as follows: 1. The legislature may revise the boundaries of congressional districts to meet population shifts without a new apportionment by Congress. 2. The boundaries of congressional districts established by the 1931 act remain the same regardless of split or newly created precincts. ANALYSIS The power to apportion the state into congressional districts is vested in the legislature by Article XXVII, Section 13. That section reads: [Orig. Op. Page 2] "One representative in the Congress of the United States shall be elected from the state at large at the first election provided for in this constitution and thereafter at such times and places and in such manner as may be prescribed by law. When a new apportionment shall be made by Congress the legislature shall divide the state into congressional districts in accordance with such apportionment. The vote cast for representative in Congress at the first election shall be canvassed and the result determined in the manner provided for by the laws of the territory for the canvas of the votes for delegate in Congress." The section specifies the conditions of the first election after statehood and contemplates the transition from a single statewide congressional district to a situation to prevail when a new apportionment should be made. There is nothing restrictive in the language of the section quoted. The legislature was directed to...