Washington Lawmakers Seek to Clarify Definition of 'Election' After Court Ruling

Proposed legislation aims to close loophole that allowed voter to cast ballots in two states

Jan. 29, 2026 at 11:47pm

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The Washington state legislature is considering a bill to provide a more precise definition of 'election' and 'same election' after a state appeals court overturned the felony conviction of a Lewis County resident found guilty of voting twice in November 2022 - once in Washington and once in Oregon. The court ruled that because the two ballots contained different candidates and issues, they constituted separate elections, despite occurring on the same day. The proposed legislation seeks to clarify that an election refers to the process of voting on a particular date, regardless of the specific candidates or issues on the ballot.

Why it matters

This case has raised concerns about potential voter fraud and the need to ensure the integrity of elections in Washington state. The proposed legislation aims to close a legal loophole that could allow individuals to cast multiple ballots in the same election by voting in different jurisdictions.

The details

In a 2-1 appeals court decision, judges ruled that the 'plain language of the statute is subject to two reasonable interpretations, making the statute ambiguous.' The court overturned the felony conviction of a Lewis County resident who voted in both Washington and Oregon in the November 2022 election, arguing that the two ballots contained different candidates and issues. The state views an election as the overall process of voting for candidates on a given date, while the court saw each ballot as a separate election. The proposed legislation aims to clarify that an election refers to the voting process on a particular date, regardless of the specific candidates or issues on the ballot.

  • The appeals court ruling was issued in December 2025.
  • The Washington legislature is considering the bill to clarify the definition of 'election' during the 2026 legislative session.

The players

Steve Hobbs

Washington Secretary of State, who has called for the legislation to provide a more precise definition of 'election' and 'same election'.

Adrian Cortes

Democratic state senator from Battle Ground, Washington, who is the prime sponsor of Senate Bill 6084 to clarify the definition of 'election'.

Bradley Maxa

One of the appeals court judges who ruled that the statute is ambiguous, overturning the felony conviction.

Bernard Veljacic

One of the appeals court judges who ruled that the statute is ambiguous, overturning the felony conviction.

Linda Lee

The appeals court judge who dissented, finding no ambiguity in the statute.

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What they’re saying

“If you live here, you vote here. You don't get to vote anywhere else.”

— Adrian Cortes, State Senator

“We're just trying to clarify that an election is an election. This clears up the ambiguity.”

— Brian Hatfield, Legislative Director, Washington Secretary of State

What’s next

The Washington Supreme Court will decide whether to review the appeals court's decision overturning the felony conviction. If the legislature passes the bill to clarify the definition of 'election,' it would take effect immediately to address any issues before the November 2026 general election.

The takeaway

This case highlights the need for clear and unambiguous election laws to prevent potential voter fraud and ensure the integrity of the electoral process. The proposed legislation aims to close a legal loophole that could allow individuals to cast multiple ballots in the same election by voting in different jurisdictions.