wa-law.org > bill > 2025-26 > HB 2074 > Original Bill
It is a class C felony punishable under RCW 9A.20.021 for:
Any person or entity as defined in RCW 9A.08.030, touse menace, force, threat, or any unlawful means towards any elector to hinder or deter an elector from voting;
Any person or entity as defined in RCW 9A.08.030 to:
Directly or indirectly offer any bribe, reward, prize, gift, or any thing of value to an elector in exchange for the elector's vote for or against any person or ballot measureor a promise to refrain from voting; or
Otherwise engage in any quid pro quo that could be interpreted by a reasonable person to induce an elector to vote in an election or influence the judgment or conduct of an elector in voting for or against any person or ballot measure. Factors a court may consider when making a determination under this subsection (2)(b) include, but are not limited to:
The proximity of the alleged violation to an election. The closer the alleged violation is to an election, the more weight the court must give the evidence in favor of finding a violation;
Whether direct or indirect appeals for votes for or against any person or ballot measure are used, even if the appeals did not use the specific name of a candidate or specific titles or number of a ballot measure;
Tone and tenor of any communication used in the course of committing the alleged violation;
Whether the communication is promotional or informational in nature; and
Whether, based on direct or circumstantial evidence, the person or entity engaged in the alleged violation under this subsection knows or should reasonably have known that such performance could result in an outcome of an election that would result in their or the entity's personal benefit or financial gain;
Any person to authorize or otherwise cause another to commit any of the offenses described in this section;
Any person to accept a bribe, reward, prize, gift, or any thing of value in any circumstance described under this section; or
Any person or entity to engage in an act of gambling as defined in RCW 9.46.0237 in any circumstance described under this section.
As used in this section:
"Agent" means any director, officer, or employee of an entity, or any other person who is authorized to act on behalf of the entity;
"Entity" includes any domestic entity formed under or governed as to its internal affairs by Title 23, 23B, 24, or 25 RCW including political committees as defined in RCW 42.17A.005 and formed under these laws; any foreign business entity formed under or governed as to its internal affairs by the laws of a jurisdiction other than this state; or, for purposes of RCW 29A.84.620 only, a political committee as defined in RCW 42.17A.005 but not formed under Title 23, 23B, 24, or 25 RCW;
"Governor" has the same meaning as provided in RCW 23.95.105.
"High managerial agent" means a governor or person in a position of comparable authority in an entity not governed by chapter 23.95 RCW, and any other agent who manages subordinate employees.
An entity is guilty of an offense when:
The conduct constituting the offense consists of an omission to discharge a specific duty of performance imposed on entities by law; or
The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded, or tolerated by a high managerial agent acting within the scope of his or her duties and on behalf of the entity; or
The conduct constituting the offense is engaged in by an agent of the entity, other than a high managerial agent, while acting within the scope of his or her duties and on behalf of the entity and (i) the offense is a gross misdemeanor or misdemeanor, or (ii) the offense is one defined by a statute which clearly indicates a legislative intent to impose such criminal liability on an entity.
A person is criminally liable for conduct constituting an offense which he or she performs or causes to be performed in the name of or on behalf of an entity to the same extent as if such conduct were performed in his or her own name or behalf.
Whenever a duty to act is imposed by law upon an entity, any agent of the entity who knows he or she has or shares primary responsibility for the discharge of the duty is criminally liable for a reckless omission or, if a high managerial agent, criminally negligent omission to perform the required act to the same extent as if the duty were by law imposed directly upon such agent.
Every entity, whether foreign or domestic, which shall violate any provision of RCW 9A.28.040, shall forfeit every right and franchise to do business in this state. The attorney general shall begin and conduct all actions and proceedings necessary to enforce the provisions of this subsection.
As used in this section:
"Agent" means any director, officer, or employee of an entity, or any other person who is authorized to act on behalf of the entity;
"Entity" includes any domestic entity formed under or governed as to its internal affairs by Title 23, 23B, 24, or 25 RCW including political committees as defined in RCW 29B.10.420 and formed under these laws; any foreign business entity formed under or governed as to its internal affairs by the laws of a jurisdiction other than this state; or, for purposes of RCW 29A.84.620 only, a political committee as defined in RCW 29B.10.420 but not formed under Title 23, 23B, 24, or 25 RCW;
"Governor" has the same meaning as provided in RCW 23.95.105.
"High managerial agent" means a governor or person in a position of comparable authority in an entity not governed by chapter 23.95 RCW, and any other agent who manages subordinate employees.
An entity is guilty of an offense when:
The conduct constituting the offense consists of an omission to discharge a specific duty of performance imposed on entities by law; or
The conduct constituting the offense is engaged in, authorized, solicited, requested, commanded, or tolerated by a high managerial agent acting within the scope of his or her duties and on behalf of the entity; or
The conduct constituting the offense is engaged in by an agent of the entity, other than a high managerial agent, while acting within the scope of his or her duties and on behalf of the entity and (i) the offense is a gross misdemeanor or misdemeanor, or (ii) the offense is one defined by a statute which clearly indicates a legislative intent to impose such criminal liability on an entity.
A person is criminally liable for conduct constituting an offense which he or she performs or causes to be performed in the name of or on behalf of an entity to the same extent as if such conduct were performed in his or her own name or behalf.
Whenever a duty to act is imposed by law upon an entity, any agent of the entity who knows he or she has or shares primary responsibility for the discharge of the duty is criminally liable for a reckless omission or, if a high managerial agent, criminally negligent omission to perform the required act to the same extent as if the duty were by law imposed directly upon such agent.
Every entity, whether foreign or domestic, which shall violate any provision of RCW 9A.28.040, shall forfeit every right and franchise to do business in this state. The attorney general shall begin and conduct all actions and proceedings necessary to enforce the provisions of this subsection.
Section 2 of this act expires January 1, 2026.
Section 3 of this act takes effect January 1, 2026.