New Washington law clarifies what it means to vote in an election after man sent in two states’ ballots and dodged charges

OLYMPIA – What does it mean to vote in an election?

While it may seem like a simple question, Washington lawmakers have clarified state law after a man who voted in Oregon and Washington in November 2022 successfully appealed his conviction. The man argued that while he returned ballots in both states, that did not qualify as voting twice since the candidates did not overlap.

In summer 2022, the man moved from Oregon to Washington, and upon receiving a driver’s license, was automatically registered to vote at his new address in Lewis County. Ahead of the November election, the man received a ballot at his new address, as well as an Oregon ballot to his Post Office box in Clackamas County.

After returning both ballots, the man was charged and convicted of a felony for voting in both elections.

However, an appeals court overturned the conviction in January, after his attorneys successfully argued that he had voted in two separate elections, as the candidates he voted for did not overlap. While he acknowledged he returned both ballots, he argued in court that it was “totally different issues, totally different representatives.”

In their ruling, the appeals court found that the state’s and the defendant’s interpretation of a statute forbidding anyone from voting in “both this state and another state at any election” were reasonable and that existing law was ambiguous.

“An election can be understood as referring to a specific slate of candidates and issues on a particular ballot in one location. It seems questionable that an election in Washington regarding Washington local positions and issues should be treated as the same election as an election in some other state regarding that state’s local positions and issues,” the court wrote in a 2-1 ruling. “On the other hand, an election can be understood as referring more generally to the process by which people vote on candidates and issues.”

On Tuesday, Gov. Bob Ferguson signed legislation that clarifies that anyone who attempts to vote in two elections in Washington, or in an election in Washington and in another state in the same election cycle, is guilty of a felony. Those convicted of the crime could be sentenced to up to five years in prison or a $10,000 fine.

The legislation was requested by Secretary of State Steve Hobbs. It passed the state House unanimously and the state Senate 43-1.

It took effect immediately.

“Voting more than once in an election is an affront to everyone who participates in our democracy,” Ferguson said in a statement. “This bill makes it clear that double voting is illegal. Those who try it will be held accountable.”