Honorable Briscoe Cain, Chair, House Committee on Elections
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB611 by Swanson (relating to the assistance of voters; creating a criminal offense.), Committee Report 1st House, Substituted
The provisions of the bill addressed by this analysis would amend various codes as they relate to the assistance of voters. Under the provisions of the bill, an individual who engages in certain activities related to an oath to assist voters would commit an offense punishable by a Class A misdemeanor unless they are found to have made a false statement connected to any election at least three times in the last four year period it is then punishable as a state jail felony. Under existing statute, perjury involving a statement made under oath is punishable by a Class A Misdemeanor.
A Class A Misdemeanor is punishable by a fine of not more than $4,000, confinement in a county jail for a term not to exceed one year, or both. A State Jail Felony is punishable by confinement in a state jail for a term from 180 days to 2 years and, in addition to confinement, an optional fine not to exceed $10,000 or Class A misdemeanor punishment.
From fiscal year 2018 to 2020 there were 52 arrests and less than ten individuals in each fiscal year placed under community supervision for perjury. This analysis assumes implementing the provisions of the bill would not result in a significant impact on the demand for state correctional resources.