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Felons and Voting Rights
State law requires the Secretary of State’s Office to screen the list of registered voters for convicted felons who have not yet had the right to vote restored. The Secretary of State’s Office recently conducted a preliminary search using information provided by the Department of Corrections. Each voter identified in this search has been sent a letter explaining that:
- The right to vote is lost upon conviction of a felony, until the right is restored;
- The person to whom the letter has been addressed is possibly ineligible to vote due to a felony conviction; and
- The person’s voter registration will be cancelled in 30 days unless he or she contacts his or her county elections office to dispute the information.
A flyer was also provided with the letter explaining voting rights for felons. Voters who receive this letter are encouraged to contact their county elections office if there has been an error in identity, felon status, or rights restoration. For more information on the hearing process, click here.
Below, please find a description of the law, RCW 9.94A.637: Felony Disqualification
You lost the right to vote if you were convicted of a felony in either state or federal court. The only exception is if you were convicted in Maine or Vermont. In Washington, you do not lose the right to vote if you were convicted in juvenile court or if you were convicted of a misdemeanor.
To be eligible to register to vote and participate in elections, you must be at least 18 years of age, a citizen of the United States of America, and not presently denied the right to vote as a result of a felony conviction or mental incompetence. Registering to vote when you are not eligible is a class C felony punishable by up to five years in prison and a $10,000 fine.
Getting the Right to vote Restored
In Washington, there are several ways you can get the right to vote restored. What you need to do to get your right to vote restored depends on where and when you were convicted. The following information explains the different processes.
How can I get my right to vote restored if I was convicted by a Washington state court for a crime committed after July 1, 1984?
If you completed all requirements of your sentence, including fines, restitution and other costs, while still in Department of Corrections (DOC) custody or under DOC supervision, DOC will notify the sentencing court that all terms of the sentence have been completed. The court will then issue a certificate of discharge, which restores your right to vote and makes you eligible to register. Your right to serve on a jury, sign initiatives, and run for office is also restored. The certificate does not restore the right to possess firearms and does not clear your conviction for purposes of your criminal history or an employment background check. A copy of the certificate of discharge should be mailed to your last known address.
Prior to 2003, DOC was in charge of collecting fines, restitution and costs. If DOC terminated supervision before these expenses had been paid, there was no way to restore the person’s right to vote without a pardon. In 2003, the Legislature changed the law so that DOC could terminate supervision and transfer responsibility for collecting fines, restitution and other costs to the clerk’s office in the county where convicted.
Now, if you finish paying your fines, restitution and other costs after DOC has terminated supervision, the court clerk should initiate the process for issuing a certificate of discharge, a copy of which should be mailed to your last known address.
What if I completed all the terms of my sentence and DOC has terminated supervision, but a certificate of discharge does not appear in my court file?
If you finished paying your fines, restitution and other costs, and DOC has terminated supervision, and the Superior Court has still not issued a certificate of discharge, you may petition the court to issue the certificate. For forms and additional information about the petition process, go to the website for the Washington State court system at:http://www.courts.wa.gov/forms/?fa=forms.contribute&formID=43.
What if I am on community supervision and was not convicted of a violent offense or a sex offense?
If you have served at least one-half of the term of community supervision and all other sentence requirements have been met, you may petition the court where convicted for a certificate of discharge. The court may consider the petition but is not obligated to issue a certificate of discharge.
How can I get my right to vote restored if I was convicted by a Washington state court for a crime committed before July 1, 1984?
You may petition the Indeterminate Sentencing Review Board to restore your right to vote if you have completed all requirements of your sentence. For more information about petitioning the Indeterminate Sentencing Review Board, go to the Board’s website at: http://www.srb.wa.gov/restorevotingrights.html or call the Board at (360) 493-9266.
What if I received a suspended sentence instead of a prison term?
If you completed all requirements of the suspended sentence, you can petition the court of conviction for a certificate of discharge. You should check the court file first because a certificate of discharge may have been issued and placed in the court file even though you did not receive a copy.
How can I get my right to vote restored if I was convicted in Federal Court?
The Washington State Clemency and Pardons Board has the authority to restore civil rights to persons who were convicted of a felony in federal court. For more information about petitioning the Clemency and Pardons Board, call (360) 902-4111.
How can I get my right to vote restored if I was convicted of a felony in another state?
Each state has its own laws regarding the loss of the right to vote if convicted of a felony. In Maine and Vermont, you do not lose the right to vote. In every other state, persons convicted of a felony lose the right to vote for a period of time. Contact the state elections office in the state where convicted to find out how to restore the right to vote. For example, some states restore the right to vote as soon as the term of incarceration is completed. If you would be eligible to vote in the state where you were convicted, you are eligible to vote in Washington.
If the right to vote has not been restored under the laws of the state in which you were convicted, you may petition the Washington State Clemency and Pardons Board for an order restoring your right to vote. For more information about petitioning the Clemency and Pardons Board, call (360) 902-4111.
Pardons
If you were pardoned by the Governor or the President, the pardon restores your right to vote.
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