Electors/influencing

AN ACT Relating to prohibiting the offer or acceptance of 1
anything of value to influence the judgment or conduct of an elector 2
in voting for or against any person or ballot measure; amending RCW 3
29A.84.620, 9A.08.030, and 9A.08.030; prescribing penalties; 4
providing an effective date; and providing an expiration date.5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:6
Sec. 1. RCW 29A.84.620 and 2003 c 111 s 2128 are each amended to 7
read as follows: 8
It is a class C felony punishable under RCW 9A.20.021 for:9
(1) Any person ((who uses )) or entity as defined in RCW 10
9A.08.030, to use menace, force, threat, or any unlawful means 11
towards any ((voter)) elector to hinder or deter ((such a voter )) an 12
elector from voting((, or directly));13
(2) Any person or entity as defined in RCW 9A.08.030 to:14
(a) Directly or indirectly offer ((s)) any bribe, reward, prize, 15
gift, or any thing of value to ((a voter)) an elector in exchange for 16
the ((voter's)) elector's vote for or against any person or ballot 17
measure((, or authorizes any person to do so, is guilty of a class C 18
felony punishable under RCW 9A.20.021)) or a promise to refrain from 19
voting; or20
H-2179.2
HOUSE BILL 2074
State of Washington 69th Legislature 2025 Regular Session
By Representatives Thai, Parshley, Ryu, and Scott
Read first time 04/09/25. Referred to Committee on Community Safety.
p. 1 HB 2074
(b) Otherwise engage in any quid pro quo that could be 1
interpreted by a reasonable person to induce an elector to vote in an 2
election or influence the judgment or conduct of an elector in voting 3
for or against any person or ballot measure. Factors a court may 4
consider when making a determination under this subsection (2)(b) 5
include, but are not limited to:6
(i) The proximity of the alleged violation to an election. The 7
closer the alleged violation is to an election, the more weight the 8
court must give the evidence in favor of finding a violation;9
(ii) Whether direct or indirect appeals for votes for or against 10
any person or ballot measure are used, even if the appeals did not 11
use the specific name of a candidate or specific titles or number of 12
a ballot measure;13
(iii) Tone and tenor of any communication used in the course of 14
committing the alleged violation;15
(iv) Whether the communication is promotional or informational in 16
nature; and17
(v) Whether, based on direct or circumstantial evidence, the 18
person or entity engaged in the alleged violation under this 19
subsection knows or should reasonably have known that such 20
performance could result in an outcome of an election that would 21
result in their or the entity's personal benefit or financial gain;22
(3) Any person to authorize or otherwise cause another to commit 23
any of the offenses described in this section;24
(4) Any person to accept a bribe, reward, prize, gift, or any 25
thing of value in any circumstance described under this section; or26
(5) Any person or entity to engage in an act of gambling as 27
defined in RCW 9.46.0237 in any circumstance described under this 28
section. 29
Sec. 2. RCW 9A.08.030 and 2019 c 211 s 2 are each amended to 30
read as follows: 31
(1) As used in this section: 32
(a) "Agent" means any director, officer, or employee of an 33
entity, or any other person who is authorized to act on behalf of the 34
entity; 35
(b) "Entity" includes any domestic entity formed under or 36
governed as to its internal affairs by Title 23, 23B, 24, or 25 RCW 37
((or)) including political committees as defined in RCW 42.17A.005 38
and formed under these laws; any foreign business entity formed under 39
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or governed as to its internal affairs by the laws of a jurisdiction 1
other than this state ; or, for purposes of RCW 29A.84.620 only, a 2
political committee as defined in RCW 42.17A.005 but not formed under 3
Title 23, 23B, 24, or 25 RCW; 4
(c) "Governor" has the same meaning as provided in RCW 23.95.105.5
(d) "High managerial agent" means a governor or person in a 6
position of comparable authority in an entity not governed by chapter 7
23.95 RCW, and any other agent who manages subordinate employees.8
(2) An entity is guilty of an offense when: 9
(a) The conduct constituting the offense consists of an omission 10
to discharge a specific duty of performance imposed on entities by 11
law; or 12
(b) The conduct constituting the offense is engaged in, 13
authorized, solicited, requested, commanded, or tolerated by a high 14
managerial agent acting within the scope of his or her duties and on 15
behalf of the entity; or 16
(c) The conduct constituting the offense is engaged in by an 17
agent of the entity, other than a high managerial agent, while acting 18
within the scope of his or her duties and on behalf of the entity and 19
(i) the offense is a gross misdemeanor or misdemeanor, or (ii) the 20
offense is one defined by a statute which clearly indicates a 21
legislative intent to impose such criminal liability on an entity.22
(3) A person is criminally liable for conduct constituting an 23
offense which he or she performs or causes to be performed in the 24
name of or on behalf of an entity to the same extent as if such 25
conduct were performed in his or her own name or behalf.26
(4) Whenever a duty to act is imposed by law upon an entity, any 27
agent of the entity who knows he or she has or shares primary 28
responsibility for the discharge of the duty is criminally liable for 29
a reckless omission or, if a high managerial agent, criminally 30
negligent omission to perform the required act to the same extent as 31
if the duty were by law imposed directly upon such agent.32
(5) Every entity, whether foreign or domestic, which shall 33
violate any provision of RCW 9A.28.040, shall forfeit every right and 34
franchise to do business in this state. The attorney general shall 35
begin and conduct all actions and proceedings necessary to enforce 36
the provisions of this subsection. 37
Sec. 3. RCW 9A.08.030 and 2019 c 211 s 2 are each amended to 38
read as follows: 39
p. 3 HB 2074
(1) As used in this section: 1
(a) "Agent" means any director, officer, or employee of an 2
entity, or any other person who is authorized to act on behalf of the 3
entity; 4
(b) "Entity" includes any domestic entity formed under or 5
governed as to its internal affairs by Title 23, 23B, 24, or 25 RCW 6
((or)) including political committees as defined in RCW 29B.10.420 7
and formed under these laws; any foreign business entity formed under 8
or governed as to its internal affairs by the laws of a jurisdiction 9
other than this state ; or, for purposes of RCW 29A.84.620 only, a 10
political committee as defined in RCW 29B.10.420 but not formed under 11
Title 23, 23B, 24, or 25 RCW; 12
(c) "Governor" has the same meaning as provided in RCW 23.95.105.13
(d) "High managerial agent" means a governor or person in a 14
position of comparable authority in an entity not governed by chapter 15
23.95 RCW, and any other agent who manages subordinate employees.16
(2) An entity is guilty of an offense when: 17
(a) The conduct constituting the offense consists of an omission 18
to discharge a specific duty of performance imposed on entities by 19
law; or 20
(b) The conduct constituting the offense is engaged in, 21
authorized, solicited, requested, commanded, or tolerated by a high 22
managerial agent acting within the scope of his or her duties and on 23
behalf of the entity; or 24
(c) The conduct constituting the offense is engaged in by an 25
agent of the entity, other than a high managerial agent, while acting 26
within the scope of his or her duties and on behalf of the entity and 27
(i) the offense is a gross misdemeanor or misdemeanor, or (ii) the 28
offense is one defined by a statute which clearly indicates a 29
legislative intent to impose such criminal liability on an entity.30
(3) A person is criminally liable for conduct constituting an 31
offense which he or she performs or causes to be performed in the 32
name of or on behalf of an entity to the same extent as if such 33
conduct were performed in his or her own name or behalf.34
(4) Whenever a duty to act is imposed by law upon an entity, any 35
agent of the entity who knows he or she has or shares primary 36
responsibility for the discharge of the duty is criminally liable for 37
a reckless omission or, if a high managerial agent, criminally 38
negligent omission to perform the required act to the same extent as 39
if the duty were by law imposed directly upon such agent.40
p. 4 HB 2074
(5) Every entity, whether foreign or domestic, which shall 1
violate any provision of RCW 9A.28.040, shall forfeit every right and 2
franchise to do business in this state. The attorney general shall 3
begin and conduct all actions and proceedings necessary to enforce 4
the provisions of this subsection. 5
NEW SECTION. Sec. 4. Section 2 of this act expires January 1, 6
2026.7
NEW SECTION. Sec. 5. Section 3 of this act takes effect January 8
1, 2026.9
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p. 5 HB 2074