False election statements by elected officials could be illegal under proposed WA law
Elected officials who make false statements and claims about election results could soon face criminal charges in Washington state, under a new proposed law.
Gov. Jay Inslee testified before the Senate State Government and Elections Committee on Friday, speaking in favor of the legislation that was requested by his office.
“I think after January 6, we have to ask this question: Do politicians think they have the right to foment violence and degrade our democracy by knowingly lying about election results?” Inslee said. “No, they do not.”
Inslee said the legislation is “pro-democracy” and would hold politicians accountable. He said he believes the bill is neutral and was written to protect the First Amendment. He first proposed the legislation earlier this month at a press conference, but the bill had not yet been crafted at the time.
“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,” he said.
Under the legislation, elected officials, or even candidates who have already filed for office, could face a misdemeanor charge for spreading false claims about the legitimacy of an election if it incites violence from others, or if it is intended to incite violence.
False claims from elected officials about being entitled to a particular office after election results show otherwise could also lead to a gross misdemeanor charge.
Officials or candidates found guilty of maliciously spreading claims could face fines up to $5,000, up to 364 days in jail, and removal from office.
So far the bill has drawn fierce criticism from politicians and those who do not believe the bill is constitutional.
The bill’s report references the landmark Brandenburg v. Ohio Supreme Court case as precedent. Inflammatory speech cannot be punished unless the speech leads to an incitement of violence, the court held. Inslee too has mentioned in previous press conferences that he believes Brandenburg is a decent backbone to support the constitutionality of the proposed legislation.
Catherine Ross, a constitutional scholar from George Washington University, testified before the committee that she had helped write the language in the bill to ensure constitutionality and to address “First Amendment problems.” She said she first learned about the proposed legislation from reading an article in The Washington Post where Inslee drew from her writings to support his position.
The legislation is being sponsored by Sen. David Frockt, D-Seattle. He testified that he never imagined democracy would be facing such a huge crisis.
“This is about whether the legitimacy of our elections is going to be upheld by the rule of law or crushed under the foot of the mob,” said Frockt. “It’s not a place we should go as a society, as a country, and it’s not what our founders envisioned.”
Several people also testified against the legislation during the hearing.
Paul Guppy, vice president for research at the Washington Policy Center, said the way the bill is drafted “undermines the norms of our democracy.”
“It doesn’t increase the confidence and the outcome of the election, it actually creates more suspicion when people are not allowed to debate the outcome of elections honestly,” Guppy said.
If passed, the bill will go into effect 90 days after the adjournment of the legislative session.
This story was originally published January 29, 2022 at 1:57 PM.
