Residency and Voting Rights

Residency and Voting Rights

To be eligible to register to vote in Washington, you must be a resident of the state. The term residence is used differently for a variety of legal situations. For example, residency for tuition at a state college is defined by statutes dealing with state institutions of higher education. Residency for unemployment benefits or financial assistance is defined by statutes dealing with those topics. Similarly, for the purposes of voting, residency is defined in the State Constitution and in election statutes.

The Washington State Constitution states:

All persons of the age of eighteen years or over who are citizens of the United States and who have lived in the state, county, and precinct thirty days immediately preceding the election at which they offer to vote, except those disqualified by [a felony conviction or mental incompetence], shall be entitled to vote at all elections.

Article VI, section 1. For the purpose of registering and voting, a person’s residence is a person’s permanent address where he or she physically resides and maintains his or her abode. A voter who lacks a traditional residential address, such as a person who resides in a shelter, park, motor home or marina, is assigned a precinct based on the voter’s physical location. For voting purposes, you may not have more than one residence.

State laws regarding voting residency include Article VI, sections 1 and 4 of the State Constitution, RCW 29A.04.151, and RCW 29A.08.112.

When does my residence change?

Once a residence is established, it exists until a new residence is established. A voter does not lose his or her voting residency if absent due to state or federal employment, military service, school attendance, confinement in a public prison, out-of-state business, or navigation at sea. You must physically leave the previous residence with the intention of establishing a new residence at another location. Intention to reside in a particular place - permanently or for an unspecified period of time - is an important factor in determining your residence for voting purposes.

Is it legal for someone else to use my address for voter registration even though the person does not live here anymore?

Yes. In many circumstances, it is the only address the person can use for voter registration. For example, a member of the military stationed overseas or out of state who formerly resided at your address may continue to use that address for voter registration purposes.

What are the penalties for voting or registering to vote if I am ineligible?

These crimes are class C felonies punishable by up to five years in prison and a $10,000 fine. RCW 29A.84.130 governs registering to vote when unqualified, and RCW 29A.84.660 governs voting when unqualified.

What can I do if I know someone is not eligible to vote but is still registered to vote?

Suggest to the person that he or she contact the county elections department right away to have his or her registration canceled.

What should I do if I want to challenge another person’s voter registration?

You must file a voter challenge with the county elections department in the county where the voter is registered to vote.