Elster v. City Of Seattle
Elster v. City Of Seattle
Opinion
*592 *639 ¶ 1 Seattle voters approved the "Democracy Voucher Program," intending to increase civic engagement.
*640 Under this program, the city provides vouchers to registered municipal voters and qualifying residents. Recipients can give their vouchers to qualified municipal candidates, who then may redeem them for campaign purposes. The city funds the program from property taxes. Mark Elster and Sarah Pynchon sued in King County Superior Court, arguing the taxes funding the program burden First Amendment rights and unconstitutionally compel speech. U.S. CONST . amend. I. The superior court dismissed the suit. Because the program does not violate the First Amendment, we affirm.
FACTS
¶ 2 In 2015, Seattle voters approved Initiative 122, establishing the Democracy Voucher Program. According to the initiative, the program's purposes are (1) to "expand the pool of candidates for city offices and to safeguard the people's control of the elections process," (2) to "ensure the people of Seattle have equal opportunity to participate in political campaigns and be heard by candidates," and (3) to "prevent corruption." Clerk's Papers at 14, 16.
¶ 3 The Democracy Voucher Program attempts to further these goals by providing vouchers to eligible municipal residents for use in city elections. 1 Voter registration in Seattle makes one automatically eligible to receive vouchers; municipal residents who can donate to a political campaign under federal law can also receive vouchers. A voter-approved, 10-year property tax funds the program, collecting in 2016 "approximately $0.0194/$1000 assessed value" in additional property taxes. Id. at 57. The voucher recipients can give their vouchers to qualified municipal candidates.
¶ 4 Elster and Pynchon own property in Seattle. They brought a 42 U.S.C § 1983 action challenging the constitutionality *641 of the Democracy Voucher Program, arguing it is unconstitutional to use tax dollars to underwrite campaign contributions.
¶ 5 Instead of answering Elster and Pynchon's complaint, the city moved to dismiss. The superior court granted the city's motion, upholding the Democracy Voucher Program. It found that the city "articulated a reasonable justification" for the program that was consistent with United States Supreme Court precedent: "an increase in voter participation in the electoral process." Id. at 115. Elster and Pynchon appealed, and the Court of Appeals certified the case to us.
STANDARD OF SCRUTINY
¶ 6 Elster and Pynchon challenge the city's use of tax revenue to fund political speech. "[T]he central purpose of the [First Amendment is] to assure a society in which 'uninhibited, robust, and wide-open' public debate concerning matters of public interest would thrive, for only in such a society can a healthy representative democracy flourish."
Buckley v. Valeo
,
¶ 7 If the Democracy Voucher Program does not burden fundamental rights, the program enjoys the presumption of constitutionality and the challengers bear the heavy burden of showing the city lacked the power to impose the tax under rational basis scrutiny.
See
Forbes v. City of Seattle,
¶ 8 Elster and Pynchon ask us to apply strict scrutiny, alleging the Democracy Voucher Program burdens fundamental rights. If the program burdens fundamental rights, strict scrutiny applies; to survive strict scrutiny, the city needs to show the program furthers a compelling interest and is narrowly tailored to achieve that interest.
Citizens United v. Fed. Election
Comm'n,
ANALYSIS
¶ 9 Elster and Pynchon assert the Democracy Voucher Program,
through its tax,
unconstitutionally compels them to support the program's message. Neither this court nor the United States Supreme Court has squarely addressed the issue before us: whether a tax used to fund a public financing system violates First Amendment rights. Elster and Pynchon do not assert a violation of the state constitution. Most related cases have addressed challenges to the public financing systems themselves, not the potential injury
*643
to the taxpayers funding those systems.
See, e.g.,
Buckley,
¶ 10 In
Buckley,
the Court upheld the public financing of elections, in the context of a system where taxpayers elect to authorize payment from their taxes to the Presidential Election Campaign Fund. The Court held public financing of elections "is a congressional effort, not to abridge, restrict, or censor speech, but rather to use public money to facilitate and enlarge public discussion and participation in the electoral process, goals vital to a self-governing people."
¶ 11 Public financing schemes must not burden freedom of speech and they are presumptively unconstitutional if they do. For example, in
Bennett,
the Court declared unconstitutional an Arizona system that provided matching funds to publicly financed candidates, if those candidates agreed to certain campaign restrictions, after their opponents privately raised or spent funds beyond a threshold amount.
¶ 12 Elster and Pynchon argue the Democracy Voucher Program is not viewpoint neutral because the vouchers will be distributed among qualified municipal candidates unevenly
*594
and according to majoritarian preferences. "The whole theory of viewpoint neutrality is that minority views are treated with the same respect as are majority views."
Southworth,
¶ 13 The tax at issue here does not alter, abridge, restrict, censor, or burden speech. On the contrary, the Democracy Voucher Program "facilitate[s] and enlarge[s] public discussion and participation in the electoral process."
Buckley,
¶ 14 Elster and Pynchon argue
Janus v. American Federation of State, County & Municipal Employees, Council 31,
--- U.S. ----,
¶ 15
Janus
involved an agency fee that directly subsidized the union's collective bargaining activities, which burdened " 'associational freedoms.' "
¶ 16 The Democracy Voucher Program's purpose is to, among other things, "giv[e] more people an opportunity to have their voices heard in democracy." SEATTLE MUNICIPAL CODE 2.04.600. The government has a legitimate interest in its public financing of elections, as
Buckley
held.
See
CONCLUSION
¶ 17 The Democracy Voucher Program does not alter, abridge, restrict, censor, or burden speech. Nor does it force association between taxpayers and any message conveyed by the program. Thus, the program does not violate First Amendment rights. We affirm.
WE CONCUR:
Fairhurst, C.J.
Johnson, J.
Madsen, J.
Owens, J.
Stephens, J.
Wiggins, J.
Gordon McCloud, J.
Yu, J.
To be eligible to receive vouchers from municipal residents, municipal candidates must obtain a required number of signatures and contributions from qualified municipal residents.
The lack of a primary voter's pamphlet for statewide races in most counties was one of the concerns that drove the legislature to move these races to the general election. See S.B. Rep. on H.B. 1474, at 2, 63d Leg., Reg. Sess. (Wash. 2013).
Another recent example of governmental facilitation of political speech is when the State allocated funds for prepaid postage election expenses. Letter from Jay Inslee, Governor of Washington State, to Kim Wyman, Washington Secretary of State (May 14, 2018), http://www.govemor.wa.gov/sites/default/files/SOS% 20Efund% 20letter% 20for% 20elections.pdf [https://perma.cc/A2P5-TDPU];
cf.
Burdick v. Takushi
,
We disagree with Elster and Pynchon's contention in the alternative that
Buckley
requires heightened scrutiny under these facts.
Compare
The Democracy Voucher Program funds the speech of municipal residents and candidates. It does not fund government speech.
See
Johanns v. Livestock Mktg. Ass'n,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.