A. A person commits the crime of unlawful interference with voting in the second degree if the person:
1. Has an official ballot issued from a polling location or vote center in possession outside of the polling location or vote center unless the person is an election official or other person authorized by law;
2. Makes, or knowingly has in possession, a counterfeit of an official election ballot;
3. Knowingly solicits or encourages, directly or indirectly, a registered voter who is no longer qualified to vote under section
28.30.010, to vote in an election;
4. As a registration official:
a. Knowingly refuses to register a person who is entitled to register; or
b. Accepts a fee from an applicant applying for registration;
5. Knowingly submits or encourages or assists another person to submit an absentee ballot application to an intermediary who could control or delay the submission of the application to the municipality or who could gather data from the application form as prohibited by law;
6. Violates the oath of confidentiality in section
28.50.130;
7. Obstructs the doors or entries to a building in which a vote center or ballot drop box is located, or prevents free access to and from any vote center or ballot drop box;
8. Removes an official ballot from a ballot drop box without lawful authority;
9. Moves, tampers with, or damages a ballot box or ballot drop box, or inserts into a ballot box or ballot drop box anything other than an official ballot return envelope, without lawful authority;
10. Uses, threatens to use, or causes to be used force, coercion, violence, or restraint, or inflicts, threatens to inflict, or causes to be inflicted damage, harm, or loss, upon or against another person to induce or compel that person to vote or refrain from voting in an election;
11. Knowingly pays, offers to pay, or causes to be paid money or other valuable thing to a person to vote or refrain from voting in an election; or
12. Solicits, accepts, or agrees to accept money or other valuable thing with the intent to vote for or refrain from voting for a candidate at an election or for an election proposition or question.
B. Unlawful interference with voting in the second degree is a class A misdemeanor.
C. For purposes of subsections
A.11 and
A.12 of this section, "other valuable thing"
1. Includes:
a. An entry in a game of chance in which a prize of money or other present or future pecuniary gain or advantage may be awarded to a participant wherein the total of the prizes offered is greater than $2.00 per participant with a maximum of $100.00; and
b. Government employment or benefits.
2. Does not include:
a. Materials having a nominal value bearing the name, likeness, or other identification of a candidate, political party, political group, party district committee, or organization, or stating a position on a ballot proposition or question;
b. Food and refreshments provided incidental to an activity that is nonpartisan in nature and directed at encouraging persons to vote, or incidental to a gathering in support of or in opposition to a candidate, political party, political group, party district committee, organization, or ballot question or proposition;
c. Care of the voter's dependents provided in connection with the absence of a voter from home for the purpose of voting;
d. Services provided by a person acting as a representative under section
28.60.040;
f. Transportation of a voter to or from a polling location or vote center without charge.
(AO No. 2013-130(S-1), § 13, 1-14-2014; AO No. 2017-29(S), § 59, 6-1-2017; AO No. 2020-131(S), § 15, 1-14-2021; AO No. 2024-109(S), § 8, 12-3-2024)