Z-0141.3
HOUSE BILL 1146
State of Washington
69th Legislature
2025 Regular Session
ByRepresentatives Simmons, Farivar, and Ryu; by request of Secretary of State
Prefiled 12/31/24.
AN ACT Relating to improving access and removing barriers to voting in jails and state hospitals; adding a new section to chapter 29A.04 RCW; adding a new chapter to Title 29A RCW; creating a new section; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION.  Sec. 1. A new section is added to chapter 29A.04 RCW to read as follows:
(1) "Jail" has the same meaning as in RCW 70.48.020.
(2) "People who are incarcerated" means people who are detained in a jail or people who are patients in a state hospital.
(3) "State hospital" has the same meaning as in RCW 72.23.010.
NEW SECTION.  Sec. 2. The legislature recognizes that it is the duty of the county auditor to conduct elections, and it is the duty of the jails and state hospitals to reasonably eliminate barriers to voting for people who are incarcerated and to enable people who are incarcerated to exercise their rights consistent with community standards as is reasonable under the circumstances.
NEW SECTION.  Sec. 3. (1) Each county auditor's office must designate one employee as the jail voting coordinator for the county. This person shall also serve as the state hospital voting coordinator for the county if applicable.
(2) Each jail must designate one employee as the jail voting coordinator for the jail.
(3) Each state hospital must designate one employee as the state hospital voting coordinator.
NEW SECTION.  Sec. 4. (1) Each county auditor must create a voting plan for each jail and state hospital within the county. The plan must be created jointly with the jail voting coordinator at each jail or the state hospital voting coordinator at each state hospital, and in consultation with the office of the secretary of state. The voting plan must be jointly adopted by the county auditor and the jail or state hospital. The initial plan must be adopted by January 1, 2026, and plans must be reviewed and readopted at least every two years. If the county auditor and a jail or state hospital cannot jointly agree on adopting a plan at least 90 days prior to a primary, the secretary of state shall assign a temporary plan until a plan is jointly adopted.
(2) The voting plan must include, at a minimum, details about how the jail or state hospital will help people who are incarcerated to:
(a) Register to vote or update their voter registration information;
(b) Access proof of their identification or residency as may be necessary to register to vote;
(c) Access information about, and materials necessary for, eligibility for voting and voting rights restoration;
(d) Access nonpartisan information about candidates and other voter education materials, including the relevant voters' pamphlets and other nongovernmental voting-related materials;
(e) Access the necessary writing materials to fill out ballots; and
(f) Complete their ballots in private.
(3) The voting plans must also include, at a minimum, details about how the jail or state hospital and the county auditor will:
(a) Provide visible information regarding registering to vote and accessing a ballot for people who are incarcerated;
(b) Ensure that all people who are incarcerated are made aware of key dates for registering to vote and returning a ballot;
(c) Establish a process by which voter registration and ballot return data is collected;
(d) Establish a process by which voting-related requests and complaints made by people who are incarcerated are documented and properly considered;
(e) Accommodate people with disabilities to register to vote and fill out ballots, including the use of accessible voting devices provided and maintained by the county auditor as required under the help America vote act; and
(f) Provide equal access to candidates who request to campaign in jails or state hospitals.
NEW SECTION.  Sec. 5. (1) Jails and state hospitals must provide people who are incarcerated with access to voter registration information, ballot-related information, and ballots in accordance with their voting plan developed under section 4 of this act. Ballots must be made accessible to registered voters starting at least eight days before a primary or election.
(2) Jails and state hospitals must permit election officials from the county auditor's office and staff from the secretary of state's office to enter the jail or state hospital at least 30 days in advance of each election in order to provide voter registration outreach and education to people who are incarcerated. Election officials are subject to standard local jail or state hospital clearance processes.
(3) Jails and state hospitals must treat election-related materials delivered by mail or sent by people who are incarcerated as high priority mail.
(4) Jails and state hospitals must provide information about, and materials necessary for, registering to vote to all people who are released from the jail's or hospital's custody at the time of their release.
(5) Jails and state hospitals must document all voting-related requests and complaints made by people who are incarcerated.
(6) County auditors, jails, and state hospitals must collect data related to voter registration and ballot return from people who are incarcerated.
(7) Data collected under subsections (5) and (6) of this section must be reported to the relevant county auditor and to the secretary of state. The secretary of state must publicly report this data annually.
NEW SECTION.  Sec. 6. Nothing in this chapter may be interpreted as requiring a jail or state hospital to jeopardize the operational or security needs of the jail or state hospital.
NEW SECTION.  Sec. 7. (1) As a matter of state interest and public concern under RCW 43.10.030(1), the attorney general may investigate and bring an action against a county, jail, or state hospital for violations of this chapter. In the discretion of the court, the attorney general may recover the costs of the action including reasonable attorneys' fees if the attorney general prevails in the action.
(2) The attorney general's power under this section includes the authority to:
(a) Investigate violations under subsection (1) of this section on its own initiative or in response to a complaint;
(b) Issue written civil investigative demands for documents and oral testimony, and answers to written interrogatories; and
(c) Institute civil actions in the courts.
(3) If the court finds that a county, jail, or state hospital intentionally violated a provision of this act, the court shall award $25,000 per violation to the attorney general.
(4) Money collected by the attorney general under subsection (3) of this section shall be remitted to the secretary of state to use to increase accessibility for voters in jails and state hospitals.
NEW SECTION.  Sec. 8. Sections 2 through 7 of this act constitute a new chapter in Title 29A RCW.
NEW SECTION.  Sec. 9. Subject to the availability of amounts appropriated for this specific purpose, the secretary of state must enter into an agreement with the University of Washington Evans school of public policy and governance for the purpose of examining the processes associated with providing voter registration, voting materials, and voting assistance to people who are incarcerated in jails and state hospitals throughout the state. The study should identify challenges and make recommendations to ensure that election offices, jails, and state hospitals are able to provide all registered voters and eligible citizens in jail or in a state hospital with voter registration and voting assistance prior to each election. The Evans school must submit a final report, in compliance with RCW 43.01.036, to the governor, secretary of state, and the appropriate committees of the legislature by June 30, 2026.
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