Andrew Pilloud v. King County Republican Central Committee, Resps. ( 2016 )

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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
ANDREW PILLOUD, No. 73303-6-1
Appellant, DIVISION ONE
v.
KING COUNTY REPUBLICAN UNPUBLISHED OPINION
CENTRAL COMMITTEE; LORI
SOTELO, County Chairman, King
County Republican Central Committee,
Respondents. FILED: March 14, 2016
Schindler, J. — Andrew Pilloud filed a petition for a writ of mandamus directing
the chair of the King County Republican Central Committee (KCRCC) to call meetings
of precinct committee officers to elect legislative district chairs. The court denied the
writ. The order states that under State law, there is no right to vote on the election of
legislative district chairs and no duty to call meetings of precinct committee officers to
elect legislative district chairs. Because the superior court order is contrary to RCW
29A.80.061 and collateral estoppel does not bar the writ of mandamus, we reverse and
remand.
In December 2014, the KCRCC adopted bylaws for the 2015-2016 biennium.
The bylaws require the KCRCC county chairman to appoint legislative district chairmen
No. 73303-6-112
subject to ratification by precinct committee officers. Article XI, section 1.1 of the bylaws
states:
The District Chairman shall be a registered voter and resident of the
Legislative district in which he serves and shall be appointed by the
County Chairman, subject to ratification by a majority of the Precinct
Committee Officers from the district who are present and voting at a
meeting called for that purpose by the County Chairman and held within
thirty (30) days of the occurrence of the vacancy or sixty (60) days after
the biennial organization meeting, whichever is later. A meeting called for
ratification of a District Chairman shall be held within the legislative district
affected or at the usual and customary location of district meetings.
Republican precinct committee officer Andrew Pilloud filed a petition for a writ of
mandamus directing the KCRCC to "immediately call separate meetings of all elected
precinct committee officers in each legislative district for the purpose of electing a
legislative district chair in such district" as required by RCW 29A.80.061.1
The KCRCC filed an answer and asserted as an affirmative defense collateral
estoppel barred the writ of mandamus because the "provisions of RCW 29A.80.061 are
not materially different from the provisions of the prior version of the law declared
unconstitutional in 1967." The KCRCC argued that "prior determinations that the
predecessors of RCW 29A.80.061 violated the Fourteenth Amendment and the
privileges and immunities clause of Washington's Constitution bind Mr. Pilloud and bar
the remedy sought." The KCRCC also asserted that RCW 29A.80.061 is
unconstitutional under the First Amendment to the United States Constitution and
violates article II, section 19 of the Washington State Constitution. The KCRCC moved
to deny the petition for a writ of mandamus. The KCRCC provided notice to the
Washington State Attorney General that it intended to seek a declaratory judgment that
RCW 29A.80.061 is unconstitutional.
1 Emphasis in original.
No. 73303-6-1 /3
Following a hearing on the writ of mandamus, the court entered an order denying
the petition. The order states that State law does not require the election of legislative
district chairs in each district. The court did not reach the constitutional issues raised by
the KCRCC. The order states, in pertinent part:
[T]he petitioner is not entitled by the laws of the State of Washington to
vote upon the election of the Republican district chairman in the 36th
district;... [I]t is not the duty of the county chairman to call separate
meetings of all elected precinct committee officers in each legislative
district for the purpose of electing a legislative district chairman;
. . . [T]he King County Republican Central Committee and Lori Sotelo,
County Chairman, ... are not commanded to immediately call separate
meetings of all elected precinct committee officers in each legislative
district for the purpose of electing a legislative district chair in such district.
The application for a writ of mandamus is quashed on the 5[th] day of
March, 2015.
Pilloud argues the court erred in applying the doctrine of collateral estoppel and
denying the petition for a writ of mandamus. The KCRCC asserts collateral estoppel
bars Pilloud from relitigating the same question that was resolved in the 1967 superior
court case State ex rel. Irwin v. Williams, No. 684175, consolidated with No. 684587
(King County Sup. Ct. Sept. 15, 1967).2
A party seeking a writ of mandamus must satisfy three requirements: (1) the
party subject to the writ must be under a clear duty to act; (2) the petitioner must be
"beneficially interested," and (3) the petitioner must not have a " 'plain, speedy and
adequate remedy in the ordinary course of law.'" Paxton v. City of Bellingham, 129
Wash. App. 439, 444-45, 119 P.3d 373 (2005) (quoting RCW 7.16.170).
2 For the first time on appeal, the KCRCC argues that RCW 29A.80.061 "still creates different
structures for the Republican Party in Washington" because parties in counties with multiple legislative
districts have diffused decision-making, while counties with only one legislative district have centralized
decision-making. We will not consider a new argument raised for the first time on appeal. LK Operating,
LLC v. Collection Grp.. LLC. 181 Wash. 2d 117, 126, 330 P.3d 190 (2014).
No. 73303-6-1 /4
We review de novo as a question of law whether RCW 29A.80.061 states a clear
duty to act. Cost Mgmt. Servs., Inc. v. City of Lakewood, 178 Wash. 2d 635, 649, 310 P.3d
804 (2013); River Park Sguare, LLC v. Miggins. 143 Wash. 2d 68, 76, 17 P.3d 1178
(2001). We interpret statutes de novo. Dept. of Ecology v. Campbell & Gwinn, LLC,
146 Wash. 2d 1, 9, 43 P.3d 4 (2002).
If a statute's meaning is plain on its face, we must give effect to that plain
meaning as an expression of legislative intent. Brown v. Dep't of Commerce, 184
Wash. 2d 509, 532, 359 P.3d 771 (2015). We also review de novo whether collateral
estoppel bars relitigation of an issue. Christensen v. Grant County Hosp. Dist. No. 1,
152 Wash. 2d 299, 305, 96 P.3d 957 (2004).
Contrary to the KCRCC's assertions, RCW 29A.80.061 differs materially
from the statute the superior court ruled unconstitutional in 1967. The superior
court ruled that former RCW 29.42.070 (1967)3 violated equal protection because
the statute applied to only class AA counties and effectively regulated only King
County.4
Former RCW 29.42.070 stated, in pertinent part:
Legislative district chairman—Election—Term—Removal. Within
forty-five days after the state-wide general election in even-numbered
years, or within thirty days following the effective date of this 1967
enactment for the biennium ending with the 1968 general elections, the
county chairman of each major political party shall call separate meetings
of all elected precinct committeemen in each legislative district a majority
3 Laws of 1967 Ex. SESs.,ch. 32, § 1.
4 In the oral ruling, the court states:
[Former RCW 29.42.070] only applies to legislative districts in Class AA counties.
If a district chairman is to be elected in Class AA counties only, and vacancies for
precinct committeemen can only be filled on his recommendation, then we have one type
of political party in King County, and another type of political party in all the rest of the
legislative districts and counties in the state. Certainly, in my opinion, this manner of
division is not constitutional, as it is an unreasonable classification.
No. 73303-6-1 /5
of the precincts of which are within a class AA county for the purpose of
electing a legislative district chairman in such district.151
In 2003, the legislature recodified former RCW 29.42.070 as RCW
29A.80.060. Laws of 2003, ch. 111, § 2401. In 2004, the legislature repealed
RCW 29A.80.060 and enacted RCW 29A.80.061. Laws of 2004, ch. 271, §§
150, 193.
Unlike former RCW 29.42.070, RCW 29A.80.061 applies to the entire
state, not just class AA counties. RCW 29A.80.061 states, in pertinent part:
Legislative district chair—Election—Term—Removal. Within forty-five
days after the statewide general election in even-numbered years, the
county chair of each major political party shall call separate meetings of all
elected precinct committee officers in each legislative district for the
purpose of electing a legislative district chair in such district.
The unambiguous language of RCW 29A.80.061 requires the county chair of
each major political party to call separate meetings of all elected precinct committee
officers in each legislative district to elect a legislative district chair for that district.
Here, the court erred in concluding that "it is notthe duty ofthe county chairman to call
separate meetings of all elected precinct committee officers in each legislative district
for the purpose of electing a legislative district chairman."
And because the scope of RCW 29A.80.061 is materially different from the
language of former RCW 29.42.070, collateral estoppel does not bar Pilloud's petition
for a writ of mandamus. Gold Star Resorts. Inc. v. Futurewise, 167 Wash. 2d 723, 738,
222 P.3d 791 (2009) ("neither collateral estoppel nor res judicata principles apply to bar
challenge" where legislature had amended statute after prior court decision).
Emphasis added.
No. 73303-6-1 /6
We reverse the order denying the writ of mandamus and remand. On remand,
the court shall determine whether Pilloud is entitled to a writ of mandamus and, if so,
whether RCW 29A.80.061 violates that First Amendment to the United States
Constitution and article II, section 19 of the Washington State Constitution.
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WE CONCUR: