Voting Rights Restoration in Washington State

The Washington legislature recently passed a law that automatically restores the right to vote to individuals convicted of felonies when they have completed their time in prison and have served any required community custody supervised by the State Department of Corrections. This law took effect on July 26, 2009.

When is my right to vote restored?

• If you were convicted in federal court or state court outside Washington: Once you are no longer in prison, your right to vote is restored automatically.
  
  
• If you were convicted in Washington state court: Once you are no longer under the authority of the Department of Corrections (DOC), your right to vote is restored automatically. Not being under the authority of the DOC means you are not in prison and you are no longer on community custody. If you are unsure whether you are on community custody, you should call and ask the DOC at 360.725.8213 on Monday through Friday, 8 a.m.-5 p.m.

If I was convicted of a misdemeanor or a juvenile offense in juvenile court, do I lose the right to vote?

No. You lose the right to vote only if you are convicted of a felony. People who have misdemeanor convictions or who were convicted of a juvenile offense in juvenile court can register to vote.

Can I lose the right to vote after it has been restored?

Yes. If you are convicted of another felony offense, you again will lose the right to vote until you have completed the new prison term of incarceration and any new required period of community custody.

Also, if you owe legal financial obligations, such as court fees, costs, or restitution, and fail to make three payments in a calendar year and the court determines that you have intentionally failed to comply with your financial obligations, the court may revoke your right to vote. You can regain the right to vote again when you can prove you are making a good faith effort to pay, or when you fully pay off your debt.

If you have questions about how the law affects your situation, you should consult an attorney. Information about free legal clinics and attorney referral services is provided at the end of this pamphlet.

If I have my voting rights, should I still try to get a Certificate of Discharge?

Before this law passed, voting rights were restored by having the court issue a “Certificate of Discharge” (COD). A COD has important benefits beyond restoring the right to vote. For individuals wishing to seal and vacate their felony criminal records, getting a COD “starts the clock” on a waiting period that must occur before you may ask the court to seal your record.

Under the new law, the restoration of voting rights does not mean that a COD has been entered in your case. Obtaining a COD still requires fulfilling all requirements of your sentence (except a no-contact order) and obtaining a separate court order, either by petition to the court or request to the prosecuting attorney. If you wish to obtain a COD, please consult an attorney or one of the resources listed below.

LEGAL REFERRAL SERVICES
(Civil and Criminal)

For a modest fee (between $35 and $50) these services refer persons to attorneys in the specified counties; most programs also refer to surrounding counties as well. The fee typically includes a 30-minute initial consultation. After the first consultation or the first 30 minutes, the attorneys charge their regular fees.

KING COUNTY

King County Bar Association ­
Lawyer Referral Service
www.kcba.org/lrs/
206.267.7010

King County Neighborhood Legal Clinics
www.kcba.org/pbs/NLC.aspx
206.267.7070
Located throughout King County, clinics provide a free half-hour consultation with volunteer attorneys. Attorneys determine whether the client has a legal problem, suggest possible options and provide appropriate referrals. However, attorneys do not represent clients in court or draft legal documents. The clinics are open to all King County residents regardless of income.

OUTSIDE KING COUNTY

Southwest Washington 
Lawyer Referral Service
(Clark, Cowlitz, and Skamania Counties)
360.695.0599 Monday – Friday, 12-4pm

Tacoma-Pierce County 
Lawyer Referral Service
www.tpcba.com
620 Earnest S. Brazill Street, Suite B
Tacoma, WA 98405-4620
253.383.3432 

Kitsap County Lawyer Referral Service
www.kitsaplegalservices.org/ars/index.html
920 Park Avenue
Bremerton, WA 98337
360.373.2426 

Snohomish County Bar Referral Services
www.snobar.org
P.O. Box 5429
Everett, WA 98206
425.388.3018 

Lewis County Lawyer Referral Program
462 Northwest Park Street
Chehalis, WA 98532
360.748.0430 

Spokane County Bar Association Online Lawyer Referral Service
www.spokanebar.org

Thurston County Bar Association
www.tcba.org
P.O. Box 1653
Olympia, WA 98503
206.561.0341
The Thurston County Bar Association does not provide an attorney referral service, but its website does list all TCBA members by practice area.