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No, a Washington bill would not put people in jail for failing to vote

A proposed bill would make voting mandatory in Washington state, but claims about penalties for people who don't return a ballot are not true.

OLYMPIA, Wash. — Washington lawmakers are proposing a bill to make voting mandatory in the state. If you’re registered to vote, you’d be required to return your ballot.

Claims have been made about penalties for people who decide not to vote, including this Tweet from the Washington State GOP, but we can VERIFY those claims are not true.

THE QUESTION

Does a Washington state bill that would make voting mandatory, include penalties like jail time?

THE SOURCES

Washington House Bill 1220 and its companion Senate Bill 5209

State Rep. Sharlett Mena (D)

State Sen. Mike Padden (R)

THE ANSWER

This is false.

No, HB 1220 and SB 5209 would not lead to penalties, including jail time, for registered voters who do not vote.

If passed, the democratic-backed bills would require everyone who is eligible in Washington to register to vote and return a ballot. Ballots would automatically be sent to every registered voter and they would be expected to return the ballot, even if it was blank.

“Each registered voter will be required to either cast a ballot or provide a valid reason for not casting a ballot, with the option to cast a blank ballot,” HB 1220 reads.

However, the bill does not mention any penalty for a registered voter who fails to return a ballot. State Rep. Sharlett Mena (D) who co-authored HB 1220 confirmed the lack of penalties.

 “It doesn’t require any penalties or enforcement,” Rep. Mena said.

WHAT WE FOUND

The issue of mandatory voting got a lot of attention recently when the Washington State GOP’s Twitter account posted a meme encouraging constituents to oppose two bills, including House Bill 1220. That bill would make voting mandatory for registered voters in Washington.

The Tweet suggests that people who don’t vote would be tossed in jail, but that is not true.

“What we’re hoping to do is have a conversation about how we can put greater responsibility on the state to register folks and encourage them to vote,” Rep. Mena said.

Rep. Mena said the bill aims to encourage more people, namely historically disenfranchised communities, to participate in their government. She points out, voters who don’t want to fill out a ballot would have options.

“While this bill would say that you need to vote, there would also be an option on the ballot to say, none of the above, and return a blank ballot,” Rep. Mena said. “So, we’re not trying to mandate that anyone vote, or vote a certain way, or anything like that. We just want to ensure that there’s greater participation from folks.”

Rep. Mena admits that she doesn’t expect the bill to pass this year, but she thinks it’s important to start the conversation.

Meantime, Republican State Senator Mike Padden says he supports more people participating in elections, but he doesn’t believe this is the right way to go about it.

”I think people should have the right to vote or not vote, and I certainly encourage them to vote and study the candidates and vote their values,” Sen. Padden said. “But, this proposal, which is unique – no other state has it – I think is something that you’d see in a totalitarian country rather than the United States.”

As for the claim from the Washington State GOP that not voting would land you in jail, the bill’s author says that’s not the case.

“It doesn’t require any penalties or enforcement,” Rep. Mena said.

So, we can VERIFY, No, as written, HB 1220 would not lead to penalties, including jail time, for registered voters who don’t vote.

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