Voting Rights Restoration Efforts in Washington
Current Felony Disenfranchisement Law
Washington law restores the right to vote for people with felony convictions after the completion of their sentence, including prison, parole, probation and the full payment of all fees, fines and restitution. Persons with felony convictions are also required to obtain a "Certificate of Discharge" in order to be restored the right to vote.
Litigation
The Brennan Center for Justice has been involved in numerous efforts to change Washington's laws on voting rights for people with criminal conviction. The Brennan Center filed three amicus briefs in Farrakhan v. Gregoire in support of the plaintiff's assertion that felony disenfranchisement laws in Washington were racially discriminatory and violate the Voting Rights Act of 1965. In July 2006, the U.S. District Court in the Eastern District of Washington ruled against this claim and the case was dismissed.
More recently, the Brennan Center filed an amicus brief in Madison v. Washington which challanged the law that prohibit restoration of voting rights until all legal financial obligations have been paid. The King County Superior Court of Washington ruled in favor of the plantiffs, which were represented by the ACLU of Washington and struck down the provision which conditions the right to vote on the payment of LFOs. However, the state appealed the decision and the Washington Supreme Court on June 27, 2006 upheld the law therby overruling the Kings County Superior Court decision.
Legislative Advocacy
With unfavorable decisions from the courts, the Brennan Center has turned its efforts to assisting a broad coalition of Washington organizations, in legislative advocacy. HB 1473 and SB 5530 would restore voting rights to people with criminal convictions automatically after release from prison. The bills are yet to be introduced.