Voter education

AN ACT Relating to requiring voter education within jurisdictions 1
engaged in changing the method of selecting candidates during a 2
primary or removing a primary as the result of employing a single 3
event election process in a general election including a new cause of 4
action; adding new sections to chapter 29A.52 RCW; creating a new 5
section; prescribing penalties; and providing an effective date.6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:7
NEW SECTION. Sec. 1. The legislature finds that:8
(1) Local jurisdictions changing the voting system used to select 9
candidates and choosing alternative methods of candidate selection 10
not defined in chapter 29A.52 RCW are responsible for educating all 11
voters affected by the change and seeks to define minimum levels of 12
voter education to be conducted in any voting jurisdiction making a 13
change; 14
(2) Because the methods of candidate selection can be very 15
different from the methods defined in chapter 29A.52 RCW, it is 16
necessary for county election offices in conjunction with the voting 17
jurisdiction making the change to ensure appropriate education of 18
voters participating in the changed system including persons with 19
limited English language proficiency, limited literacy, and 20
intellectual disabilities; 21
Z-0031.2
SENATE BILL 5035
State of Washington 69th Legislature 2025 Regular Session
By Senators Chapman, Hasegawa, Dhingra, and Nobles; by request of
Secretary of State
Prefiled 12/13/24. Read first time 01/13/25. Referred to Committee
on State Government, Tribal Affairs & Elections.
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(3) Voter education should be accomplished in several ways, 1
including providing detailed information to each voter via United 2
States postal service mail describing the method to be used in 3
selecting candidates while contrasting the changed method with the 4
method employed by the jurisdiction prior to the change. This notice 5
must be in addition to any information provided in voter pamphlets;6
(4) The notice must be translated into the languages required for 7
that jurisdiction by federal law; and 8
(5) Communication is best served by the voting jurisdiction 9
providing an electronic information portal, or website, available to 10
voters 24 hours a day for a minimum period of four months prior to 11
the beginning of the candidate selection process. The electronic 12
information portal or website shall fully describe the changed 13
process, and provide answers to frequently asked questions. This 14
information portal must be translated and available in the required 15
languages being used by voters living in the jurisdiction.16
NEW SECTION. Sec. 2. (1) Whenever a voting jurisdiction changes 17
the method of candidate selection from the methods described in this 18
chapter, that jurisdiction, in consultation with the county auditor, 19
must notify the public of the change and create a public education 20
campaign focused on familiarizing voters with any unique elements of 21
the new process. "Unique elements" are those differentiated from the 22
methods described in this chapter and include, but are not limited 23
to, ranking candidates. A public education campaign required by this 24
section must include:25
(a) Production of education materials and distribution of those 26
materials to each voter of the jurisdiction provided at the voter's 27
mailing address found in each voter registration record, using the 28
United States postal service for delivery. 29
(i) The education materials must be clear and understandable. 30
This standard must be considered in light of the needs of all voters, 31
including: 32
(A) Persons with limited English proficiency and for whom English 33
is not their first language; 34
(B) Persons with special needs and intellectual disabilities that 35
require assistance in understanding the new method of candidate 36
selection; and 37
(C) Students and future voters living within the voting 38
jurisdiction. 39
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(ii) The materials must be translated into all languages required 1
by federal, state, and local law for voting in the jurisdiction.2
(iii) These materials, production, and distribution shall be in 3
addition to any voter pamphlet materials provided on the subject;4
(b) Creation of an electronic information portal, or website, 5
fully describing and explaining the changed process and contrasting 6
it with the current method of candidate selection. This resource 7
shall: 8
(i) Be available to voters beginning with the candidate filing 9
period of the year in which the new candidate selection process will 10
be used; 11
(ii) Include answers to frequently asked questions;12
(iii) Be translated and available in all languages required by 13
federal, state, and local law for voting in the jurisdiction;14
(iv) Include a location for voters to ask questions about the 15
change via a question submission portal or to provide an email 16
address for questions to be submitted, provided that the email 17
address must be monitored and provide a response as soon as 18
practicable after submission; and 19
(v) Provide a toll-free telephonic hotline, providing customer 20
support during regular business hours of the election office serving 21
the voting jurisdiction. The hotline must be available beginning with 22
the candidate filing period of the year in which the first election 23
using the changed candidate selection process will take place.24
(2) Translation of materials must occur for every language 25
required by federal, state, and local law for voting in the voting 26
jurisdiction changing the method of selecting candidates.27
(3)(a) In addition to the other requirements of this section, the 28
voting jurisdiction making the change must conduct an advertising and 29
education campaign beginning with the candidate filing period before 30
the change to the method of candidate selection is used in an 31
election. The advertising and education campaign must use a variety 32
of communication methods determined by factors such as reach, 33
availability, efficacy, and cost. The campaign must utilize at least 34
three of the following communication methods each month of the 35
applicable education period: 36
(i) Advertisements with newspapers serving the voting 37
jurisdiction, either in the print editions of the newspaper or 38
online. Legal notice advertising is not adequate to satisfy the 39
requirements of this subsection; 40
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(ii) Digital advertising targeting potential voters in the voting 1
jurisdiction. This may include display, video, and audio 2
advertisements; 3
(iii) Radio advertisements targeting potential voters in the 4
voting jurisdiction; 5
(iv) Television advertisements targeting potential voters in the 6
voting jurisdiction; and 7
(v) Presentations and educational forums at community events, 8
service clubs, schools, and other community gatherings as 9
appropriate. Presentations and educational forums should be held in 10
collaboration with local organizations, including those that serve 11
voters with disabilities, including intellectual disabilities, young 12
voters, and voters with limited English proficiency.13
(b) The voting jurisdiction and county auditor may conduct 14
additional notifications or advertising and education efforts in 15
addition to those required in (a) of this subsection at their 16
discretion. 17
(c) All advertising and education efforts must clearly identify 18
the voting jurisdiction, and when necessary, the county, making the 19
change in a manner that avoids confusion for voters in other 20
jurisdictions. 21
(d) In jurisdictions where federal, state, or local law requires 22
services for voting in languages other than English, there must also 23
be advertising and education efforts undertaken in each required non-24
English language targeted at potential voters in the voting 25
jurisdiction who speak that language. 26
(4) In addition to the other requirements of this section, the 27
voting jurisdiction making the change shall provide instructional 28
materials and instructors when requested to all high schools serving 29
students who reside within the voting jurisdiction. These materials 30
shall: 31
(a) Provide an overview of the new method of selecting 32
candidates; 33
(b) Provide contrast with the previous method of selecting 34
candidates; 35
(c) Provide education explaining that ballots will feature 36
different methods of selecting candidates based on the method chosen 37
by each voting jurisdiction, including: 38
(i) The method chosen by the voting jurisdiction;39
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(ii) Any other method of selecting candidates used by other 1
voting jurisdictions for races on the same ballot; 2
(iii) The methods of selecting candidates described in this 3
chapter; and 4
(iv) Information for a voter demonstrating processes to use in 5
differentiating the method or methods being used when casting ballots 6
to avoid confusion. 7
(5) Notwithstanding RCW 43.135.060, costs of the education 8
campaign, materials, community appearances, and advertising, 9
including all preparation, distribution, and translation costs are to 10
be borne solely by the voting jurisdiction making the change. Any 11
such costs to the county election office serving the voting 12
jurisdiction shall be reimbursed by the voting jurisdiction.13
NEW SECTION. Sec. 3. (1) Any voter eligible to participate in 14
an election in a voting jurisdiction may file an action against the 15
voting jurisdiction to enforce the public education and outreach 16
campaign requirement of section 2 of this act or for penalties 17
authorized in this section. An action under this section must be 18
brought in the superior court for the county in which the voting 19
jurisdiction is located.20
(2) Prior to an election where a voting jurisdiction is changing 21
the method of candidate selection from the methods described in this 22
chapter, a voter may bring an action for injunctive relief enforcing 23
the public education and outreach campaign requirement of section 2 24
of this act during the year in which a voting jurisdiction is 25
changing the method of candidate selection. 26
(a) Such an action must be brought between the last day of the 27
candidate filing period and the date of the election. The court shall 28
give priority to an action seeking to enforce this chapter.29
(b) An action under this section may not suspend the requirements 30
of section 2 of this act or delay a voting jurisdiction's compliance 31
with those requirements. 32
(c) If the court concludes, by a preponderance of the evidence, 33
that a voting jurisdiction is not in substantial compliance with 34
section 2 of this act, and the election has not occurred, the court 35
shall grant injunctive relief enforcing section 2 of this act and 36
ensuring compliance by the voting jurisdiction with section 2 of this 37
act. 38
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(d) A prevailing party is not entitled to damages or attorney 1
fees. 2
(3) A voter may bring an action for penalties if a voting 3
jurisdiction fails to comply with the public education campaign 4
requirement of section 2 of this act by the date of the election.5
(a)(i) Such an action must be brought no later than one year 6
after the election at which the voting jurisdiction first used the 7
changed method of candidate selection. All actions for penalties 8
shall be automatically stayed until one year after the election and 9
must then be consolidated absent compelling circumstances.10
(ii) If a court concludes, by a preponderance of the evidence, 11
that the voting jurisdiction failed to fully comply with the public 12
education campaign requirement of section 2 of this act, the court 13
shall impose a penalty of up to $25,000, payable to the voter who 14
prevails in the action. 15
(b) The amount of the penalty should be based on the culpability 16
of the voting jurisdiction, considering such factors as the voting 17
jurisdiction's efforts or lack of efforts to comply and the resources 18
available to the voting jurisdiction. If more than one action is 19
filed, the total penalty remains $25,000, to be divided equitably 20
among plaintiffs. 21
(c) A voter who prevails under this subsection is entitled to 22
reasonable attorney fees and reasonable costs. 23
NEW SECTION. Sec. 4. Sections 2 and 3 of this act are each 24
added to chapter 29A.52 RCW.25
NEW SECTION. Sec. 5. This act takes effect January 1, 2026.26
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