Key findings:

1. The governor’s office has requested legislation, SB 5843, to make certain political statements about the election process or election results a gross misdemeanor.

2. The proposed bill would target a particular kind of speech on a narrowly-selected topic, disputing election outcomes.

3. The bill targets “officials and candidates for office” even though “incitement to violence” by anyone is already illegal under content-neutral standards.

4. The bill would violate the First Amendment; the courts have consistently ruled that censoring political speech is unconstitutional.

5. The bill recalls disputes about Washington’s past close elections when there was extensive commentary about results announced days or weeks after election day.

6. Limiting access to political views blocks voters from making informed decisions and holding elected officials accountable.

7. Free speech is at the core of democracy. Making certain political statements a gross misdemeanor is harmful to democracy in Washington state.

Introduction

Governor Jay Inslee announced in early January that he would propose a bill to make it illegal to make statements the state considers a “false statement” or “a lie.”

The proposal would make this form of speech punishable as a gross misdemeanor and would apply to elected officials and candidates for public office. The bill provides that any official convicted of “a gross misdemeanor for knowingly making false statements regarding the election process or results” as described in the bill shall be removed from office.

Reports indicate the bill was drafted by the governor’s office and given to friendly state lawmakers to introduce in the current session as governor-request legislation. The bill has been introduced by Senators Frockt and Kuderer as SB 5843.

In his announcement, the governor said the new restriction is needed due to perceived “threats to democracy” linked to “knowledge of potential to create violence.” “It should not be legal in the state of Washington for elected officials or candidates for office to willfully lie about these election results,” Inslee said.
 

Click here to read the Legislative Memo in full.