Washington State Bill to Make Election Lies That Cause Violence a Misdemeanor

Washington Governor Jay Inslee told lawmakers why they should pass the bill that would make it a misdemeanor for candidates or elected officials to knowingly lie about election results if those statements lead to violence or "lawless action".

This comes after earlier this month Newsweek reported the state Senate approved a bill that would make it a felony punishable by up to five years in prison to harass election workers, citing the increase in threats and violence against election workers since the 2020 presidential election.

Inslee said the bill discussed in the Senate Government and Elections Committee on January 28, 2022, "confronts an unrelenting threat that is a clear and present danger in our society," according to the Associated Press.

The bill would make it a gross misdemeanor for officials or candidates if they are convicted of "knowingly, recklessly, or maliciously making false statements regarding the election process or election results to produce lawless action, undermine election processes or results, or falsely claim entitlement to public office."

A conviction would require any elected official to vacate their office, according to the bill. In addition, the AP reported that a conviction could lead to penalties up to one year in prison and a $5,000 fine.

Earlier this month, Newsweek reported the governor announced the bill and cited the January 6 riot at the Capitol that left five people dead as the key example of lies from elected officials and candidates about the results of an election that led to violence and even death.

"The big lie, that we can't trust our democracy to count the votes, has become a weapon, and that weapon is being used all over America, including right here in our state and it will again incite violence," Inslee said, according to the AP.

The AP also reported that opponents to the bill in the committee said it is unconstitutional as it would infringe on a candidate or elected official's First Amendment right to freedom of speech.

However, Inslee and sponsors of the bill said it was written with advice from legal scholars who helped refine the bill so it would align with legal precedent on what speech could be restricted, according to the AP.

Mainly, Senator David Frockt, a sponsor of the bill, said the bill aligns with the 1969 Supreme Court Brandenburg v. Ohio ruling in which the court ruled that speech which is designed to incite lawless action and is likely to do so can be suppressed by the government to avoid potential violence, the AP reported.

In addition, the AP reported that the bill also has a "severability clause," meaning that if any portion is struck down as unconstitutional, that piece of the legislation can be removed with the remaining portions of the law still valid.