HB 1196
In CommitteeHouse
Voting rights/convictions
Revoking a person's voting rights only when convicted of a state crime punishable by death.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill narrows when a person loses the right to vote in Washington to only convictions for crimes punishable by death — not for any other criminal conviction — and automatically restores voting rights upon release from prison. It updates voter registration language, election challenge rules, and correctional agency duties to reflect this change.
- Redefines 'infamous crime' to mean only a state crime punishable by death — excluding all other felonies, gross misdemeanors, and misdemeanors (including juvenile adjudications).
- Restores voting rights automatically upon release from 'total confinement' (prison) for those convicted of an 'infamous crime'; no longer requires completion of community custody or parole.
- Requires the Department of Corrections to provide written notice and voter registration forms to individuals before release from total confinement.
- Amends voter registration forms and ballot declarations to reflect the new standard: only people serving a sentence of total confinement for an 'infamous crime' are ineligible to vote.
- Updates election challenge procedures to align with the new 'infamous crime' definition and automatic restoration rules.
- Requires courts to inform defendants convicted of an 'infamous crime' of voting rights loss and restoration process at sentencing.
Who is affected
- People convicted of 'infamous crimes' (now limited to crimes punishable by death) serving total confinement — People convicted of a state crime punishable by death (now defined as the only type of conviction that triggers voting loss) who are serving a sentence of total confinement in a state or federal facility will lose their right to vote while incarcerated; their rights are automatically restored upon release from total confinement.
- People recently released from prison or transitioning to community custody — People released from total confinement (e.g., after completing prison time or transitioning to community custody) regain voting rights automatically and must reregister to vote.
- County auditors and the Washington Secretary of State — County auditors and the secretary of state must compare voter rolls with correctional data monthly to suspend registration of ineligible voters and notify affected individuals.
- Department of Corrections — Department of Corrections staff must provide written notice and voter registration tools to individuals before their release from total confinement.
- Election officials and voters participating in challenged registrations — Voters who may be challenged at polling places or by mail must now only be disqualified if convicted of an 'infamous crime' (crime punishable by death) and currently serving total confinement — not for other convictions.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (5)
The bill automatically restores voting rights upon release from total confinement — eliminating the current requirement to complete community custody or parole — which directly benefits thousands of Washingtonians reentering society. This is a major expansion of democratic inclusion, especially for Black and low-income Washingtonians who are disproportionately impacted by incarceration and long post-prison supervision.
Rights & LibertiesPeopleRef: Sec. 2 & Sec. 3 (RCW 29A.08.520)By limiting 'infamous crime' to only convictions punishable by death — and explicitly excluding all misdemeanors, gross misdemeanors, and juvenile adjudications — the bill ensures that people convicted of non-capital offenses (e.g., drug possession, property crimes) retain or regain voting rights, significantly expanding the electorate to include people currently on probation, parole, or community custody.
Rights & LibertiesPeopleRef: Sec. 1 (RCW 29A.04.079)Mandating that DOC provide voter registration forms and rights information before release supports successful reintegration and civic participation. This proactive outreach helps reduce recidivism by fostering stability and belonging — evidence from other states shows that civic reintegration lowers recidivism rates.
Public SafetyPeopleRef: Sec. 9 (RCW 72.09.275)Updating voter registration forms and ballot declarations to reflect the new standard ensures consistency and clarity for voters and election officials, reducing misidentification or erroneous challenges at the polls. This improves election integrity while expanding access for people with prior convictions.
Rights & LibertiesPeopleRef: Sec. 4 & Sec. 6 (RCW 29A.08.230, 29A.40.091)Narrowing the grounds for election challenges to only 'infamous crimes' (now limited to death-punishable offenses) protects against politically motivated challenges targeting people with non-capital convictions — a common tactic in other states that suppresses turnout among marginalized communities.
Rights & LibertiesPeopleRef: Sec. 5 (RCW 29A.08.810)
Potential Concerns (5)
The bill narrows the definition of 'infamous crime' to only convictions punishable by death, thereby restoring voting rights to nearly all people formerly incarcerated — including those currently on community custody or parole — which expands democratic participation. However, it does *not* restore rights to people incarcerated for crimes punishable by death (currently none in Washington, as the death penalty is unenforceable), and the bill does not address voting rights for people in pretrial detention or local jails, leaving a gap in enfranchisement for a vulnerable group.
Rights & LibertiesRef: Sec. 1 (RCW 29A.04.079)By requiring the Department of Corrections to provide voter registration materials and rights information before release, the bill supports smoother reintegration and civic engagement. However, if administrative capacity is insufficient — especially given the bill’s modest fiscal impact estimate — some individuals may not receive materials in time to register before an election, potentially disenfranchising them despite the automatic restoration policy.
Public SafetyRef: Sec. 2 & Sec. 9 (RCW 72.09.275)The requirement for monthly voter roll comparisons and suspension of registration for incarcerated individuals increases administrative burden on county auditors and the Secretary of State, with modest but unquantified fiscal costs. These new responsibilities may strain already limited election administration resources, especially in rural counties with fewer staff and technical capacity.
Local GovernmentRef: Sec. 3 (RCW 29A.08.520(1))The bill requires individuals whose rights are restored to *reregister* to vote — a step not required of new registrants — which creates an unnecessary administrative barrier for formerly incarcerated people. This could reduce actual turnout among the newly enfranchised, especially if outreach and support for reregistration are not robust.
Rights & LibertiesRef: Sec. 3 (RCW 29A.08.520(1))The bill mandates that courts inform defendants of voting rights loss and restoration at sentencing — a procedural safeguard — but does not provide funding or oversight to ensure compliance. Without monitoring, some courts may neglect this duty, undermining the bill’s intent and leaving defendants unaware of their rights during a critical transition period.
Public SafetyRef: Sec. 10 (RCW 10.64.140)
Who Is Most Affected
People currently incarcerated for non-capital offenses — including those on community custody or parole — will regain voting rights automatically upon release, significantly enhancing their civic participation and reintegration. This group is disproportionately Black, Indigenous, and low-income.
County auditors and the Secretary of State will face new administrative duties (monthly voter roll comparisons, outreach, and coordination with DOC), with modest but unquantified costs. Rural counties with limited staff may struggle with implementation.
DOC staff must now provide voter registration materials and rights education before release. This adds to existing reentry responsibilities but aligns with evidence-based practices that reduce recidivism and support public safety.
Courts must now inform defendants of voting rights loss and restoration at sentencing. Compliance may vary without funding or oversight, potentially limiting the policy’s impact on awareness and reregistration.
Election officials will see fewer challenges to voter eligibility (only death-punishable convictions now count), reducing legal disputes and improving election administration efficiency — but must also verify and suspend registrations for currently incarcerated individuals.