Tougher punishment for harassing election workers passes the House twice, now confronts the Senate

Less than three months ago, the Spokane County elections office received an envelope containing a white powdery substance that tested positive for fentanyl, forcing the evacuation of the building and halting ballot counts for a day. But the gravity of this crime is punishable by up to one year in jail and a maximum $5,000 fine. Now, Washington legislators are working for the second year to toughen this penalty.

The proposal to elevate the offense of harassing an election worker from a gross misdemeanor to a class C felony is steps ahead of neighboring bills, swiftly passing through the House of Representatives with an 86-11 vote on Jan. 11.

“Our election workers are unsung heroes of democracy,” Rep. Mari Leavitt, D-University Place, said of her bill wanting to increase punishment for harassment. “We must have robust election systems, and that starts with important protections of our election workers.”

The same bill flew through the House last year on a 90-7 vote; however, it stalled in the Senate because there was not enough time for a committee hearing, Leavitt said.

In total, six counties across Washington were targeted with an unknown white powder during the 2023 election season: King, Pierce, Skagit, Snohomish, Spokane and Thurston. Three of the powders tested positive for traces of fentanyl, while others were baking soda, delaying voter counts for multiple hours.

“I will never forget that day, and I hope to never have one like it again, but I’m not that naive,” Pierce County Auditor Linda Farmer testified on Monday. “Threatening election workers either through the mail or in person or online has become a reality that we have to deal with.”

Currently, cyberthreats to election workers are punishable by a class C felony; however, in-person or written threats are not. This bill would ensure that, regardless of the harassment method, a class C felony would be issued, punishable by up to five years in jail and/or a $10,000 fine.

The best way to combat continual harassment of officials is to educate voters by bringing them into the election center so they can visualize the process and see the sheer number of checks and balances that are in place, Farmer said.

In addition to higher penalties, the bill allows election workers and their families to receive further protection under the state’s address confidentiality program if they are harassed, safeguarding their home addresses.

Almost half of all election workers have been insulted within their workplace, one-third have experienced harassment and nearly one in five workers have been threatened, according to a survey of election officials.

“Our daily interaction with the public has changed,” Cowlitz County Auditor Carolyn Fundingsland said. “What used to be simple and efficient transactions has morphed into charged accusations and demands.”

With 44 years of combined election experience between three election workers in 2022, Fundingsland said her team operated at “Defcon one.” She begged her exhausted staff to stay on as the general election approached but was met with multiple retirements or resignations, seeing as they feared for their safety and weren’t paid enough to tolerate the constant hostility.

On behalf of the Conservative Ladies of Washington, Julie Barrett said they’re concerned the bill could potentially infringe on the right to peacefully protest or picket, recommending an amendment to protect people’s right to free speech and peaceful demonstration.

“It’s OK to disagree; that’s fine,” Spokane County Auditor Vicky Dalton told the Spokesman-Review. “But it’s not acceptable to threaten and harass the people who are just trying to make sure that ballots are sent out, ballots are received and the votes are counted.”

Leavitt is hopeful this year’s bill will move through the Senate because there has already been a hearing and the bill has bipartisan support. Members of the Senate Law and Justice Committee will hold a vote on Tuesday to potentially pass the bill out of committee, and it would then face the Senate.