Washington State House of Representatives Office of Program Research |
BILL ANALYSIS |
State Government & Tribal Affairs Committee | |
HB 1473
This analysis was prepared by non-partisan legislative staff for the use of legislative members in
their deliberations. This analysis is not a part of the legislation nor does it constitute a
statement of legislative intent.
Brief Description: Changing requirements for the restoration of the right to vote for people convicted of felonies.
Sponsors: Representatives Darneille, Williams, Pettigrew, Kenney, Appleton, Hunt, Santos, McDermott, Upthegrove, Wood, Miloscia, Pedersen, Ormsby, Green, Hasegawa, Hudgins, Flannigan, Chase, Kagi, Moeller, Roberts, Schual-Berke, Dickerson and Lantz.
Brief Summary of Bill |
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Hearing Date: 1/31/07
Staff: Alison Hellberg (786-7152).
Background:
The Washington State Constitution prohibits people convicted of an "infamous crime" from
voting unless restored their civil rights. "Infamous crime" is defined as a crime punishable by
death or imprisonment in a state correctional facility.
A county auditor must cancel a person's voter registration upon receiving official notice of that
person's conviction from a state or federal court. The Secretary of State, in conjunction with
appropriate state agencies, arranges for a quarterly comparison of a list of known felons with the
statewide voter registration list. If a match is found, the Secretary of State or county auditor
suspends the voter registration and sends notice of the proposed cancellation to the last known
registration address. If the person does not respond within 30 days, the registration is cancelled.
A criminal sentence pursuant to a felony conviction may include: a term of incarceration,
community custody, an obligation to pay legal financial obligations (LFOs), or a combination of
incarceration, community custody, and LFOs. Legal financial obligations can include victim
restitution, crime victims' compensation fee, costs of defense, court appointed attorneys fees, and
fines.
If a person completes all the requirements of his or her sentence while under the supervision of
the DOC, the DOC must notify the sentencing court. If the person completes all the
requirements of his or her sentence, except payments of LFOs, the DOC must notify the county
clerk. Once the person has completed payment of his or her LFOs, the county clerk must then
notify the sentencing court. When the court receives adequate notification that the offender's
sentence has been completed, it must issue the person a certificate of discharge, which restores
most of the person's civil rights, including the right to vote.
Summary of Bill:
A convicted felon's right to vote is restored so long as the person is not in total confinement in
the custody of the DOC or the Federal Bureau of Prisons, whether serving the original sentence
or serving time for a violation of supervision conditions.
At least twice a year, the Secretary of State shall compare the list of registered voters to a list of
felons in total confinement. If a registered voter is found to be in total confinement, the
Secretary of State or county auditor suspends the voter registration after confirming the match
through a date of birth comparison. The cancelling authority shall send a notice of the proposed
cancellation and an explanation of the requirements for restoring the right to vote and
re-registering to the last known voter registration address and the DOC. If the person does not
respond within 30 days, the registration must be cancelled.
Appropriation: None.
Fiscal Note: Available.
Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.