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Voting Rights, Certificate of Discharge, and Certificate of Restoration of Opportunity

Restoration of Voting Rights

The Washington State Legislature passed HB 1078, Restoring voter eligibility for all persons convicted of a felony offense who are not in total confinement under the jurisdiction of the Department of Corrections, The new legislation took effect January 1, 2022.

Per RCW 10.46.140, the right to vote is automatically restored as long as the individual is not serving a sentence of total confinement under the jurisdiction of the Department of Corrections.

If you were convicted of a felony in a Washington State adult court, your right to vote is automatically restored as soon as you are no longer serving a sentence of total confinement under the authority of the Department of Corrections (DOC). This means that once you have completed any required prison sentence, your right to vote has been restored upon release from prison and you will be eligible to register immediately at that time if you are a U.S. citizen, Washington resident, and at least 18 years old by election day. If you were convicted of a felony as an adult in another state or federal court, your right to vote is automatically restored once you are no longer in jail or prison. You will be eligible to register immediately upon release if you are a U.S. citizen and Washington resident.

The Department shall notify a person, in writing, of the process for restoration of voting rights, prior to the release from, or transfer to partial confinement from, total confinement under the jurisdiction of DOC unless a person is being released from a DOC facility to an out-of-state jurisdiction or federal detention center, pursuant to a felony conviction.

Voting before the right is restored is a class C felony under RCW 29A.84.660.

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Certificate of Discharge

Per RCW 9.94A.637, when an individual has completed all requirements of the sentence, including any and all legal financial obligations, and while under the custody and supervision of the Department, the secretary or secretary's designee shall notify the sentencing court, which shall discharge the individual and provide them with a certificate of discharge by issuing the certificate in person or by mailing it to their last known address.

Individuals should work with the sentencing court, prosecutor, and county clerk to obtain a Certificate of Discharge. The instructions and forms to be used by an individual to petition the court for a Certificate of Discharge can be found at the Administrative Office of the Courts.

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Certificate of Restoration of Opportunity

Certificates of Restoration of Opportunity (CROP) help reduce some barriers to employment for adults and juveniles by providing an opportunity for individuals to become more employable and to more successfully reintegrate into society after they have served their sentence, demonstrated a period of law-abiding behavior consistent with successful reentry, and have turned their lives around following a conviction. Applicants for a certificate must also meet all other statutory licensing requirements.

Individuals should work with the superior court clerk in either the county where you live or where a court sentenced and adjudicated you. The instructions and forms to be used by an individual to petition the court for a CROP can be found at the Administrative Office of the Courts.

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Resources

Laws & Regulations

Below are the federal laws, state laws (RCWs) and regulations (WACs) that apply to and/or relate to voting rights.

  • HB 1078 Restoring voter eligibility for all persons convicted of a felony offense who are not in total confinement under the jurisdiction of the Department of Corrections.

Revised Code of Washington (RCW)

Resource Links

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