DON'T CRIMINALIZE ELECTION LIES.

AuthorCiaramella, C.J.
PositionCIVIL LIBERTIES - Jay Inslee

ON THE FIRST anniversary of the January 6 riot at the U.S. Capitol, Washington Gov. Jay Inslee announced legislation that would make lying about election results a crime in the Evergreen State.

Inslee, a Democrat, said the bill is necessary to protect democracy from "an ongoing coup attempt" fueled by former President Donald Trump's false claims about the 2020 presidential election. "The defeated president as recently as an hour ago is yelling fire in the crowded theater of democracy," nslee said in January, invoking every censor's favorite analogy.

Trump's mendacity continues to have a negative impact on our political system. polls indicate that many of his supporters still believe the election was "stolen" by Democrats. But Inslee's bill would create an even bigger problem: a government empowered to punish opposition candidates for political speech.

The legislation would make it a gross misdemeanor for candidates or elected officials to "knowingly, recklessly, or maliciously" make false statements about election results. Violators would face up to a year in jail, a maximum $5,000 fine, or both. They also could be removed from office upon conviction.

To violate the law, statements must be ntended to "incite or produce imminent awless action" and have that effect; be made for the purpose of undermining "the election process or election results"; or falsely claim entitlement to an office after legal challenges have been resolved and the results have been certified.

That first criterion is based on...

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