Chapter 29A.84 RCW

CRIMES AND PENALTIES

Sections

GENERAL PROVISIONS
29A.84.010Voting, registration irregularities.
29A.84.020Violations by officers.
29A.84.030Penalty.
29A.84.040Political advertising, removing or defacing.
29A.84.050Tampering with registration form, ballot declaration.
29A.84.060Native American voting rightsCivil actions.
REGISTRATION
29A.84.110Officials' violations.
29A.84.120Disenfranchisement or discrimination.
29A.84.130Voter violations.
29A.84.140Unqualified registration.
29A.84.150Misuse, alteration of registration database.
PETITIONS AND SIGNATURES
29A.84.210Violations by officers.
29A.84.220ViolationsCorrupt practicesRecall petitions.
29A.84.230Violations by signersInitiative, referendum petitionsPenalty.
29A.84.240Violations by signers, officersRecall petitionsPenalty.
29A.84.250ViolationsCorrupt practicesInitiative, referendum petitions.
29A.84.261PetitionsImproperly signing.
29A.84.270Duplication of namesConspiracyCriminal and civil liability.
29A.84.280Paid petition solicitorsFinding.
FILING FOR OFFICE, DECLARATIONS, AND NOMINATIONS
29A.84.311Candidacy declarations, nominating petitions.
29A.84.320Duplicate, nonexistent, untrue namesPenalty.
BALLOTS
29A.84.410Unlawful appropriation, printing, or distribution.
29A.84.420Unauthorized examination of ballots, election materialsRevealing information.
VOTING CENTER
29A.84.510Acts prohibited in voting centerProhibited practices.
29A.84.520Electioneering at voting center or ballot drop location by election officers forbidden.
29A.84.530Refusing to leave voting booth.
29A.84.540BallotsRemoving from voting center or ballot drop location.
29A.84.545Paper record from direct recording electronic voting deviceRemoving from voting center.
29A.84.550Tampering with materials.
29A.84.560Voting machines, devicesTampering withExtra keys.
VOTING
29A.84.610Deceptive, incorrect vote recording.
29A.84.620Hindering or bribing voter.
29A.84.630Influencing voter to withhold vote.
29A.84.640Solicitation of bribe by voter.
29A.84.650Repeaters.
29A.84.655Tabulation of invalid ballots.
29A.84.660Unqualified persons voting.
29A.84.680BallotsViolation.
CANVASSING AND CERTIFYING
29A.84.711Documents regarding nomination, election, candidacyFrauds and falsehoods.
29A.84.720OfficersViolations generally.
29A.84.730Divulging ballot count.

NOTES:

No link between voter and ballot choicesException: RCW 29A.08.161.
Party affiliation not required: RCW 29A.08.166.


Voting, registration irregularities.

(1) A county auditor who suspects a person of fraudulent voter registration, vote tampering, or irregularities in voting shall transmit his or her suspicions and observations without delay to the canvassing board.
(2) The county auditor shall make a good faith effort to contact the person in question without delay. If the county auditor is unable to contact the person, or if, after contacting the person, the auditor still suspects fraudulent voter registration, vote tampering, or irregularities in voting, the auditor shall refer the issue to the county prosecuting attorney to determine if further action is warranted.
(3) When a complaint providing information concerning fraudulent voter registration, vote tampering, or irregularities in voting is presented to the office of the prosecuting attorney, that office shall file charges in all cases where warranted.



Violations by officers.

Every officer who willfully violates RCW 29A.56.110 through 29A.56.270, for the violation of which no penalty is prescribed in this title or who willfully fails to comply with the provisions of RCW 29A.56.110 through 29A.56.270 is guilty of a gross misdemeanor.
[ 2011 c 10 § 67; 2003 c 111 § 2102; 1965 c 9 § 29.82.210. Prior: 1953 c 113 § 1; prior: 1913 c 146 § 16, part; RRS § 5365, part. Formerly RCW 29.82.210.]

NOTES:

Notice to registered poll votersElections by mail2011 c 10: See note following RCW 29A.04.008.



Penalty.

A person who willfully violates any provision of this title regarding the conduct of mail ballot primaries or elections is guilty of a class C felony punishable under RCW 9A.20.021.



Political advertising, removing or defacing.

A person who removes or defaces lawfully placed political advertising including yard signs or billboards without authorization is guilty of a misdemeanor punishable to the same extent as a misdemeanor that is punishable under RCW 9A.20.021. The defacement or removal of each item constitutes a separate violation.

NOTES:

Effective date1991 c 81: See note following RCW 29A.84.540.
Political advertising
generally: RCW 42.17A.320 through 42.17A.340.
rates for candidates: RCW 65.16.095.



Tampering with registration form, ballot declaration.

(1) A person who knowingly destroys, alters, defaces, conceals, or discards a completed voter registration form or signed ballot declaration is guilty of a gross misdemeanor. This section does not apply to (a) the voter who completed the form or declaration, or (b) a county auditor who acts as authorized by law.
(2) Any person who intentionally fails to return another person's completed voter registration form or signed ballot declaration to the proper state or county elections office by the applicable deadline is guilty of a gross misdemeanor.

NOTES:

Notice to registered poll votersElections by mail2011 c 10: See note following RCW 29A.04.008.



Native American voting rightsCivil actions.

(1) The attorney general may bring a civil action for such declaratory or injunctive relief as is necessary to carry out the provisions of RCW 29A.40.170 (3) and (4) in the superior court of the county in which the violation is alleged to have occurred.
(2) A person or federally recognized tribal government may bring a civil action for declaratory or injunctive relief with respect to RCW 29A.08.112(3), 29.08.310(2), or 29A.40.170 (3) and (4), in the superior court of the county in which the violation is alleged to have occurred if:
(a) In the case of a violation that occurs more than one hundred twenty days before an election, that person or tribal government provides notice of the violation to the secretary of state, the violation remains, and ninety days or more have passed since the secretary of state has received the written notice;
(b) In the case of a violation that occurs one hundred twenty days or fewer before an election, that person or tribal government provides notice of the violation to the secretary of state, the violation remains and twenty days or more have passed since the secretary of state has received the written notice; or
(c) In the case of a violation that occurs thirty days or fewer before an election, without providing notice of the violation to the secretary of state.



Officials' violations.

If any county auditor or registration assistant:
(1) Willfully neglects or refuses to perform any duty required by law in connection with the registration of voters; or
(2) Willfully neglects or refuses to perform such duty in the manner required by voter registration law; or
(3) Enters or causes or permits to be entered on the voter registration records the name of any person in any other manner or at any other time than as prescribed by voter registration law or enters or causes or permits to be entered on such records the name of any person not entitled to be thereon; or
(4) Destroys, mutilates, conceals, changes, or alters any registration record in connection therewith except as authorized by voter registration law,
he or she is guilty of a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.

NOTES:

Severability1994 c 57: See note following RCW 29A.16.040.
Effective date1991 c 81: See note following RCW 29A.84.540.



Disenfranchisement or discrimination.

An election officer or a person who intentionally disenfranchises an eligible citizen or discriminates against a person eligible to vote by denying voter registration is guilty of a misdemeanor punishable under RCW 9A.20.021.



Voter violations.

Any person who:
(1) Knowingly provides false information on an application for voter registration under any provision of this title;
(2) Knowingly makes or attests to a false declaration as to his or her qualifications as a voter;
(3) Knowingly causes or permits himself or herself to be registered using the name of another person;
(4) Knowingly causes himself or herself to be registered under two or more different names;
(5) Knowingly causes himself or herself to be registered in two or more counties;
(6) Offers to pay another person to assist in registering voters, where payment is based on a fixed amount of money per voter registration;
(7) Accepts payment for assisting in registering voters, where payment is based on a fixed amount of money per voter registration; or
(8) Knowingly causes any person to be registered or causes any registration to be transferred or canceled except as authorized under this title,
is guilty of a class C felony punishable under RCW 9A.20.021.

NOTES:

SeverabilityEffective date1994 c 57: See notes following RCW 29A.16.040.
Effective date1991 c 81: See note following RCW 29A.84.540.
Effective dateSeverability1977 ex.s. c 361: See notes following RCW 29A.16.040.



Unqualified registration.

A person who knows that he or she does not possess the legal qualifications of a voter and who registers to vote is guilty of a class C felony. This section does not apply to persons age sixteen or seventeen signing up to register to vote as authorized under RCW 29A.08.170.

NOTES:

FindingsIntentEffective date2018 c 109: See notes following RCW 29A.08.170.
Effective date2005 c 246: See note following RCW 10.64.140.



Misuse, alteration of registration database.

Any state or local election officer, or a designee, who has access to any county or statewide voter registration database who knowingly uses or alters information in the database inconsistent with the performance of his or her duties is guilty of a class C felony, punishable under RCW 9A.20.021.

NOTES:

Effective dates2004 c 267: See note following RCW 29A.08.010.



Violations by officers.

Every officer who willfully violates any of the provisions of chapter 29A.72 RCW or RCW 29A.32.010 through 29A.32.121, for the violation of which no penalty is herein prescribed, or who willfully fails to comply with the provisions of chapter 29A.72 RCW or RCW 29A.32.010 through 29A.32.121, is guilty of a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
[ 2013 c 11 § 80; 2003 c 111 § 2109; 1993 c 256 § 3; 1965 c 9 § 29.79.480. Prior: 1913 c 138 § 32, part; RRS § 5428, part. Formerly RCW 29.79.480.]

NOTES:

SeverabilityEffective date1993 c 256: See notes following RCW 29A.84.280.



ViolationsCorrupt practicesRecall petitions.

Every person is guilty of a gross misdemeanor, who:
(1) For any consideration, compensation, gratuity, reward, or thing of value or promise thereof, signs or declines to sign any recall petition; or
(2) Advertises in any newspaper, magazine or other periodical publication, or in any book, pamphlet, circular, or letter, or by means of any sign, signboard, bill, poster, handbill, or card, or in any manner whatsoever, that he or she will either for or without compensation or consideration circulate, solicit, procure, or obtain signatures upon, or influence or induce or attempt to influence or induce persons to sign or not to sign any recall petition or vote for or against any recall; or
(3) For pay or any consideration, compensation, gratuity, reward, or thing of value or promise thereof, circulates, or solicits, procures, or obtains or attempts to procure or obtain signatures upon any recall petition; or
(4) Pays or offers or promises to pay, or gives or offers or promises to give any consideration, compensation, gratuity, reward, or thing of value to any person to induce him or her to sign or not to sign, or to circulate or solicit, procure, or attempt to procure or obtain signatures upon any recall petition, or to vote for or against any recall; or
(5) By any other corrupt means or practice or by threats or intimidation interferes with or attempts to interfere with the right of any legal voter to sign or not to sign any recall petition or to vote for or against any recall; or
(6) Receives, accepts, handles, distributes, pays out, or gives away, directly or indirectly, any money, consideration, compensation, gratuity, reward, or thing of value contributed by or received from any person, firm, association, or corporation whose residence or principal office is, or the majority of whose stockholders are nonresidents of the state of Washington, for any service, work, or assistance of any kind done or rendered for the purpose of aiding in procuring signatures upon any recall petition or the adoption or rejection of any recall.
[ 2003 c 111 § 2110; 1984 c 170 § 12; 1965 c 9 § 29.82.220. Prior: 1953 c 113 § 2; prior: 1913 c 146 § 16, part; RRS § 5365, part. Formerly RCW 29.82.220.]

NOTES:

Misconduct in signing a petition: RCW 9.44.080.



Violations by signersInitiative, referendum petitionsPenalty.

(1) Every person who signs an initiative or referendum petition with any other than his or her true name is guilty of a class C felony punishable under RCW 9A.20.021.
(2) Every person who knowingly signs more than one petition for the same initiative or referendum measure or who signs an initiative or referendum petition knowing that he or she is not a legal voter or who makes a false statement as to his or her residence on any initiative or referendum petition, is guilty of a gross misdemeanor.

NOTES:

Reviser's note: This section was amended by 2003 c 53 § 182 and by 2003 c 111 § 2111, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
IntentEffective date2003 c 53: See notes following RCW 2.48.180.
SeverabilityEffective date1993 c 256: See notes following RCW 29A.84.280.
Misconduct in signing a petition: RCW 9.44.080.
Only registered voters may voteException: RCW 29A.04.210.
Registration, information from voter as to qualifications: RCW 29A.08.210.
Residence
contingencies affecting: State Constitution Art. 6 § 4.
defined: RCW 29A.04.151.



Violations by signers, officersRecall petitionsPenalty.

(1) Every person who signs a recall petition with any other than his or her true name is guilty of a class B felony punishable according to chapter 9A.20 RCW.
(2) Every person who knowingly (a) signs more than one petition for the same recall, (b) signs a recall petition when he or she is not a legal voter, or (c) makes a false statement as to residence on any recall petition is guilty of a gross misdemeanor.
(3) Every registration officer who makes any false report or certificate on any recall petition is guilty of a gross misdemeanor.

NOTES:

Effective date2004 c 266: See note following RCW 29A.04.575.
IntentEffective date2003 c 53: See notes following RCW 2.48.180.
Misconduct in signing a petition: RCW 9.44.080.



ViolationsCorrupt practicesInitiative, referendum petitions.

Every person is guilty of a gross misdemeanor who:
(1) For any consideration or gratuity or promise thereof, signs or declines to sign any initiative or referendum petition; or
(2) Provides or receives consideration for soliciting or procuring signatures on an initiative or referendum petition if any part of the consideration is based upon the number of signatures solicited or procured, or offers to provide or agrees to receive such consideration any of which is based on the number of signatures solicited or procured; or
(3) Gives or offers any consideration or gratuity to any person to induce him or her to sign or not to sign or to vote for or against any initiative or referendum measure; or
(4) Interferes with or attempts to interfere with the right of any voter to sign or not to sign an initiative or referendum petition or with the right to vote for or against an initiative or referendum measure by threats, intimidation, or any other corrupt means or practice; or
(5) Receives, handles, distributes, pays out, or gives away, directly or indirectly, money or any other thing of value contributed by or received from any person, firm, association, or corporation whose residence or principal office is, or the majority of whose members or stockholders have their residence outside, the state of Washington, for any service rendered for the purpose of aiding in procuring signatures upon any initiative or referendum petition or for the purpose of aiding in the adoption or rejection of any initiative or referendum measure. This subsection does not apply to or prohibit any activity that is properly reported in accordance with the applicable provisions of chapter 42.17A RCW.
A gross misdemeanor under this section is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
[ 2011 c 60 § 14; 2003 c 111 § 2113; 1993 c 256 § 4; 1975-'76 2nd ex.s. c 112 § 2; 1965 c 9 § 29.79.490. Prior: 1913 c 138 § 32, part; RRS § 5428, part. Formerly RCW 29.79.490.]

NOTES:

Effective date2011 c 60: See RCW 42.17A.919.
SeverabilityEffective date1993 c 256: See notes following RCW 29A.84.280.
Construction1975-'76 2nd ex.s. c 112: See RCW 42.17A.907.
Misconduct in signing a petition: RCW 9.44.080.



PetitionsImproperly signing.

The following apply to persons signing filing fee petitions prescribed by RCW 29A.24.101:
(1) A person who signs a petition with any other than his or her name shall be guilty of a misdemeanor.
(2) A person shall be guilty of a misdemeanor if the person knowingly: Signs more than one petition for any single candidacy of any single candidate; signs the petition when he or she is not a legal voter; or makes a false statement as to his or her residence.



Duplication of namesConspiracyCriminal and civil liability.

Any person who with intent to mislead or confuse the electors conspires with another person who has a surname similar to an incumbent seeking reelection to the same office, or to an opponent for the same office whose political reputation has been well established, by persuading such other person to file for such office with no intention of being elected, but to defeat the incumbent or the well known opponent, is guilty of a class B felony punishable according to chapter 9A.20 RCW. In addition, all conspirators are subject to a suit for civil damages, the amount of which may not exceed the salary that the injured person would have received had he or she been elected or reelected.

NOTES:

Effective date2004 c 266: See note following RCW 29A.04.575.
IntentEffective date2003 c 53: See notes following RCW 2.48.180.



Paid petition solicitorsFinding.

The legislature finds that paying a worker, whose task it is to secure the signatures of voters on initiative or referendum petitions, on the basis of the number of signatures the worker secures on the petitions encourages the introduction of fraud in the signature gathering process. Such a form of payment may act as an incentive for the worker to encourage a person to sign a petition which the person is not qualified to sign or to sign a petition for a ballot measure even if the person has already signed a petition for the measure. Such payments also threaten the integrity of the initiative and referendum process by providing an incentive for misrepresenting the nature or effect of a ballot measure in securing petition signatures for the measure.

NOTES:

Severability1993 c 256: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1993 c 256 § 15.]
Effective date1993 c 256: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately [May 7, 1993]." [ 1993 c 256 § 16.]



Candidacy declarations, nominating petitions.

Every person who:
(1) Knowingly provides false information on his or her declaration of candidacy or petition of nomination; or
(2) Conceals or fraudulently defaces or destroys a certificate that has been filed with an elections officer under chapter 29A.20 RCW or a declaration of candidacy or petition of nomination that has been filed with an elections officer, or any part of such a certificate, declaration, or petition, is guilty of a class C felony punishable under RCW 9A.20.021.



Duplicate, nonexistent, untrue namesPenalty.

A person is guilty of a class B felony punishable according to chapter 9A.20 RCW who files a declaration of candidacy for any public office of:
(1) A nonexistent or fictitious person; or
(2) The name of any person not his or her true name; or
(3) A name similar to that of an incumbent seeking reelection to the same office with intent to confuse and mislead the electors by taking advantage of the public reputation of the incumbent; or
(4) A surname similar to one who has already filed for the same office, and whose political reputation is widely known, with intent to confuse and mislead the electors by capitalizing on the public reputation of the candidate who had previously filed.
[ 2003 c 111 § 2118; 2003 c 53 § 177; 1965 c 9 § 29.18.070. Prior: (i) 1943 c 198 § 2; Rem. Supp. 1943 § 5213-11. (ii) 1943 c 198 § 3; Rem. Supp. 1943 § 5213-12. Formerly RCW 29.15.100, 29.18.070.]

NOTES:

Reviser's note: This section was amended by 2003 c 53 § 177 and by 2003 c 111 § 2118, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
IntentEffective date2003 c 53: See notes following RCW 2.48.180.



Unlawful appropriation, printing, or distribution.

Any person who is retained or employed by any officer authorized by the laws of this state to procure the printing of any official ballot or who is engaged in printing official ballots is guilty of a gross misdemeanor if the person knowingly:
(1) Appropriates any official ballot to himself or herself; or
(2) Gives or delivers any official ballot to or permits any official ballot to be taken by any person other than the officer authorized by law to receive it; or
(3) Prints or causes to be printed any official ballot: (a) In any other form than that prescribed by law or as directed by the officer authorized to procure the printing thereof; or (b) with any other names thereon or with the names spelled otherwise than as directed by such officer, or the names or printing thereon arranged in any other way than that authorized and directed by law.
A gross misdemeanor under this section is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.

NOTES:

Effective date1991 c 81: See note following RCW 29A.84.540.



Unauthorized examination of ballots, election materialsRevealing information.

(1) It is a gross misdemeanor for a person to examine, or assist another to examine, any voter record, ballot, or any other state or local government official election material if the person, without lawful authority, conducts the examination:
(a) For the purpose of identifying the name of a voter and how the voter voted; or
(b) For the purpose of determining how a voter, whose name is known to the person, voted; or
(c) For the purpose of identifying the name of the voter who voted in a manner known to the person.
(2) Any person who reveals to another information which the person ascertained in violation of subsection (1) of this section is guilty of a gross misdemeanor.
(3) A gross misdemeanor under this section is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
[ 2003 c 111 § 2120. Prior: 1991 c 81 § 2; 1965 c 9 § 29.85.020; prior: 1911 c 89 § 1, part; Code 1881 § 906; 1873 p 205 § 105; 1854 p 93 § 96; RRS § 5387. Formerly RCW 29.85.020.]

NOTES:

Effective date1991 c 81: See note following RCW 29A.84.540.



Acts prohibited in voting centerProhibited practices.

(1) During the voting period that begins eighteen days before and ends the day of a special election, general election, or primary, no person may:
(a) Within a voting center:
(i) Suggest or persuade or attempt to suggest or persuade any voter to vote for or against any candidate or ballot measure;
(ii) Circulate cards or handbills of any kind;
(iii) Solicit signatures to any kind of petition; or
(iv) Engage in any practice which interferes with the freedom of voters to exercise their franchise or disrupts the administration of the voting center;
(b) Obstruct the doors or entries to a building in which a voting center or ballot drop location is located or prevent free access to and from any voting center or ballot drop location.
(2) Any sheriff, deputy sheriff, or municipal law enforcement officer shall stop the prohibited activity, and may arrest any person engaging in the prohibited activity.
(3) Any violation of this section is a gross misdemeanor, punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021, and the person convicted may be ordered to pay the costs of prosecution.
[ 2013 c 11 § 82; 2011 c 10 § 69; 2003 c 111 § 2121. Prior: 1991 c 81 § 20; 1990 c 59 § 75; 1984 c 35 § 1; 1983 1st ex.s. c 33 § 1; 1965 c 9 § 29.51.020; prior: (i) 1947 c 35 § 1, part; 1889 p 412 § 33, part; Rem. Supp. 1947 § 5298, part. (ii) 1895 c 156 § 7, part; 1889 p 409 § 22, part; Code 1881 § 3079, part; 1865 p 34 § 4, part; RRS § 5279, part. Formerly RCW 29.51.020.]

NOTES:

Notice to registered poll votersElections by mail2011 c 10: See note following RCW 29A.04.008.
Effective date1991 c 81: See note following RCW 29A.84.540.
IntentEffective date1990 c 59: See notes following RCW 29A.04.013.



Electioneering at voting center or ballot drop location by election officers forbidden.

Any election officer who does any electioneering at a voting center or ballot drop location during the voting period that begins eighteen days before and ends the day of a special election, general election, or primary is guilty of a misdemeanor, and upon conviction must be fined in any sum not exceeding one hundred dollars and pay the costs of prosecution.
[ 2013 c 11 § 83; 2011 c 10 § 70; 2003 c 111 § 2122; 1965 c 9 § 29.51.030. Prior: 1947 c 35 § 1, part; 1889 p 412 § 33, part; Rem. Supp. 1947 § 5298, part. Formerly RCW 29.51.030.]

NOTES:

Notice to registered poll votersElections by mail2011 c 10: See note following RCW 29A.04.008.



Refusing to leave voting booth.

Deliberately impeding other voters from casting their votes by refusing to leave a voting booth or voting device is a misdemeanor and is subject to the penalties provided in chapter 9A.20 RCW. Election officers may provide assistance in the manner provided by RCW 29A.40.160 to any voter who requests it.

NOTES:

Notice to registered poll votersElections by mail2011 c 10: See note following RCW 29A.04.008.
IntentEffective date1990 c 59: See notes following RCW 29A.04.013.



BallotsRemoving from voting center or ballot drop location.

Any person who, without lawful authority, removes a ballot from a voting center or ballot drop location is guilty of a class C felony punishable to the same extent as a class C felony that is punishable under RCW 9A.20.021.

NOTES:

Notice to registered poll votersElections by mail2011 c 10: See note following RCW 29A.04.008.
Effective date1991 c 81: "This act shall take effect July 1, 1992." [ 1991 c 81 § 42.]



Paper record from direct recording electronic voting deviceRemoving from voting center.

Anyone who, without authorization, removes from a voting center a paper record produced by a direct recording electronic voting device is guilty of a class C felony punishable under RCW 9A.20.021.

NOTES:

Notice to registered poll votersElections by mail2011 c 10: See note following RCW 29A.04.008.
Paper records: RCW 29A.12.085, 29A.60.095.



Tampering with materials.

Any person who willfully defaces, removes, or destroys any of the supplies or materials that the person knows are intended both for use in a voting center and for enabling a voter to prepare his or her ballot is guilty of a class C felony punishable under RCW 9A.20.021.
[ 2011 c 10 § 74; 2003 c 111 § 2125; 1991 c 81 § 9; 1965 c 9 § 29.85.110. Prior: 1889 p 412 § 31; RRS § 5296. FORMER PART OF SECTION: 1935 c 108 § 3, part; RRS § 5339-3, part, now codified, as reenacted, in RCW 29.85.230. Formerly RCW 29.85.110.]

NOTES:

Notice to registered poll votersElections by mail2011 c 10: See note following RCW 29A.04.008.
Effective date1991 c 81: See note following RCW 29A.84.540.



Voting machines, devicesTampering withExtra keys.

Any person who tampers with or damages or attempts to damage any voting machine or device to be used or being used in a primary or special or general election, or who prevents or attempts to prevent the correct operation of such machine or device, or any unauthorized person who makes or has in his or her possession a key to a voting machine or device to be used or being used in a primary or special or general election, is guilty of a class C felony punishable under RCW 9A.20.021.

NOTES:

Effective date1991 c 81: See note following RCW 29A.84.540.



Deceptive, incorrect vote recording.

A person is guilty of a gross misdemeanor who knowingly:
(1) Deceives any voter in recording his or her vote by providing incorrect or misleading recording information or by providing faulty election equipment or records; or
(2) Records the vote of any voter in a manner other than as designated by the voter.
Such a gross misdemeanor is punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.

NOTES:

Effective date1991 c 81: See note following RCW 29A.84.540.



Hindering or bribing voter.

Any person who uses menace, force, threat, or any unlawful means towards any voter to hinder or deter such a voter from voting, or directly or indirectly offers any bribe, reward, or any thing of value to a voter in exchange for the voter's vote for or against any person or ballot measure, or authorizes any person to do so, is guilty of a class C felony punishable under RCW 9A.20.021.
[ 2003 c 111 § 2128. Prior: 1991 c 81 § 5; 1965 c 9 § 29.85.060; prior: (i) 1911 c 89 § 1, part; Code 1881 § 904; 1873 p 204 § 103; 1854 p 93 § 94; RRS § 5386. (ii) 1911 c 89 § 1, part; 1901 c 142 § 1; Code 1881 § 909; 1873 p 205 § 106; 1865 p 50 § 1; 1854 p 93 § 97; RRS § 5388. Formerly RCW 29.85.060.]

NOTES:

Effective date1991 c 81: See note following RCW 29A.84.540.



Influencing voter to withhold vote.

Any person who in any way, directly or indirectly, by menace or unlawful means, attempts to influence any person in refusing to give his or her vote in any primary or special or general election is guilty of a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.
[ 2003 c 111 § 2129. Prior: 1991 c 81 § 6; 1965 c 9 § 29.85.070; prior: Code 1881 § 3140; RRS § 5389. Formerly RCW 29.85.070.]

NOTES:

Effective date1991 c 81: See note following RCW 29A.84.540.



Solicitation of bribe by voter.

Any person who solicits, requests, or demands, directly or indirectly, any reward or thing of value or the promise thereof in exchange for his or her vote or in exchange for the vote of any other person for or against any candidate or for or against any ballot measure to be voted upon at a primary or special or general election is guilty of a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.

NOTES:

Effective date1991 c 81: See note following RCW 29A.84.540.



Repeaters.

(1) Any person who intentionally votes or attempts to vote in this state more than once at any election, or who intentionally votes or attempts to vote in both this state and another state at any election, is guilty of a class C felony.
(2) Any person who recklessly or negligently violates this section commits a class 1 civil infraction as provided in RCW 7.80.120.
[ 2005 c 243 § 24; 2003 c 111 § 2131. Prior: 1991 c 81 § 13; 1965 c 9 § 29.85.210; prior: 1911 c 89 § 1, part; Code 1881 § 903; 1873 p 204 § 102; 1865 p 51 § 5; 1854 p 93 § 93; RRS § 5383. Formerly RCW 29.85.210.]

NOTES:

Effective date1991 c 81: See note following RCW 29A.84.540.



Tabulation of invalid ballots.

Any election officer who intentionally tabulates or causes to be tabulated, through any act or omission, an invalid ballot when the person has actual knowledge that the ballot is invalid, is guilty of a class C felony punishable under RCW 9A.20.021.
[ 2011 c 10 § 75; 2003 c 111 § 2132. Prior: 1991 c 81 § 14; 1965 c 9 § 29.85.220; prior: 1911 c 89 § 1, part; Code 1881 § 911; 1873 p 205 § 108; RRS § 5385. Formerly RCW 29.85.220.]

NOTES:

Notice to registered poll votersElections by mail2011 c 10: See note following RCW 29A.04.008.
Effective date1991 c 81: See note following RCW 29A.84.540.



Unqualified persons voting.

Any person who knows that he or she does not possess the legal qualifications of a voter and who votes at any primary or special or general election authorized by law to be held in this state for any office whatever is guilty of a class C felony punishable under RCW 9A.20.021.
[ 2003 c 111 § 2133; 1991 c 81 § 17; 1965 c 9 § 29.85.240. Prior: 1911 c 89 § 1, part; Code 1881 § 905; 1873 p 204 § 104; 1865 p 51 § 4; 1854 p 93 § 95; RRS § 5384. Formerly RCW 29.85.240.]

NOTES:

Effective date1991 c 81: See note following RCW 29A.84.540.



BallotsViolation.

(1) A person who willfully violates any provision of chapter 29A.40 RCW regarding the assertion or declaration of qualifications to receive or cast a ballot or unlawfully casts a ballot is guilty of a class C felony punishable under RCW 9A.20.021.
(2) Except as provided in this chapter, a person who willfully violates any other provision of chapter 29A.40 RCW is guilty of a misdemeanor.

NOTES:

Notice to registered poll votersElections by mail2011 c 10: See note following RCW 29A.04.008.
IntentEffective date2003 c 53: See notes following RCW 2.48.180.
Effective date1991 c 81: See note following RCW 29A.84.540.
Legislative intentEffective date1987 c 346: See notes following RCW 29A.40.010.
Tampering with registration form, ballot declaration: RCW 29A.84.050.



Documents regarding nomination, election, candidacyFrauds and falsehoods.

Every person who:
(1) Knowingly and falsely issues a certificate of nomination or election; or
(2) Knowingly provides false information on a minor party or independent candidate certificate of nomination is guilty of a class C felony punishable under RCW 9A.20.021.



OfficersViolations generally.

Every person charged with the performance of any duty under the provisions of any law of this state relating to elections, including primaries, or the provisions of any charter or ordinance of any city or town of this state relating to elections who willfully neglects or refuses to perform such duty, or who, in the performance of such duty, or in his or her official capacity, knowingly or fraudulently violates any of the provisions of law relating to such duty, is guilty of a class C felony punishable under RCW 9A.20.021 and shall forfeit his or her office.
[ 2003 c 111 § 2138. Prior: 1991 c 81 § 10; 1965 c 9 § 29.85.170; prior: (i) 1889 p 412 § 32; RRS § 5297. (ii) 1911 c 89 § 1, part; Code 1881 § 912; 1877 p 205 § 2; RRS § 5392. Formerly RCW 29.85.170.]

NOTES:

Effective date1991 c 81: See note following RCW 29A.84.540.



Divulging ballot count.

(1) In any location in which ballots are counted, no person authorized by law to be present while votes are being counted may divulge any results of the count of the ballots at any time prior to 8:00 p.m. on the day of the primary or special or general election.
(2) A violation of this section is a gross misdemeanor punishable to the same extent as a gross misdemeanor that is punishable under RCW 9A.20.021.

NOTES:

Notice to registered poll votersElections by mail2011 c 10: See note following RCW 29A.04.008.
Effective date1991 c 81: See note following RCW 29A.84.540.
IntentEffective date1990 c 59: See notes following RCW 29A.04.013.
Effective dateSeverability1977 ex.s. c 361: See notes following RCW 29A.16.040.
Divulging returns in voting device precincts: RCW 29A.60.120.