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Originally published Saturday, January 19, 2008 at 12:00 AM

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Pass the bill

Before 1992, Washington local governments had authority to adopt some forms of public funding for local elections if they chose to do so.

Special to The Times

Today: Hold the purse

Before 1992, Washington local governments had authority to adopt some forms of public funding for local elections if they chose to do so. That authority was eliminated (probably by accident) in laws enacted that year. The Legislature is currently considering a bill, SSB 5278, to restore local control over the question.

The bill expands local choice, costs the state nothing, and there are simply no principled grounds for objecting to it. SSB 5278 should be passed.

Local control is prized throughout our political system. Not only does it allow citizens to have real control over their lives, it develops civic responsibility, promotes efficiency and allows local innovations to be explored on a small scale.

There is only one principled reason to oppose local control of a matter — that in some relevant sense, the activity would impose costs on people outside the deciding jurisdiction. That's why we wouldn't want local control of decisions about building nuclear generating plants.

But public financing of local elections cannot possibly impose costs on people outside the local government that adopts it. Only local funds will be involved and only local candidates will be eligible.

Of course, some who oppose the idea of public funding may fear that if the practices succeed in some localities, that success may persuade a majority of voters in some other jurisdictions to adopt the practices. But surely that is an odd reason to oppose SSB 5278: The fear can only be realized if public funding turns out to be preferred by local majorities.

In a democracy, pre-empting the choice of later majorities cannot be a principled basis for action.

Our Legislature has plenty of genuine state concerns to address; it should not continue to intrude into purely local affairs in matters that affect no one else.

William Andersen of Seattle is the Judson Falknor Professor of Law Emeritus, University of Washington Law School.

Copyright © 2008 The Seattle Times Company

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