In a move that has sparked controversy, Washington's Secretary of State (SOS) has eliminated a long-standing residency requirement for voter registration, a provision that was previously enshrined in the state's Constitution.
This decision was made in response to a lawsuit filed in 2023, which argued that the residency requirement was in violation of federal law due to a state law enacted in 2018.
According to The Post Millennial, the lawsuit was initiated by the Washington State Alliance for Retired Americans. They contended that the residency requirement, which necessitated that a person be a resident of Washington for 30 days "immediately preceding the election at which they offer to vote," contravened the US Voting Rights Act Amendments of 1970. These amendments prohibit residency requirements for voters in federal elections. In response to this, the state Legislature passed Senate Bill 6021 in 2018, which permits Washingtonians to register to vote on Election Day as late as 8 pm.
The consent decree, agreed upon by Secretary of State Steve Hobbs and Washington's Attorney General Bob Ferguson, mandates the removal of the residency requirement. This applies not only to federal elections but also to state elections, "as long as the State does not impose a durational registration requirement to vote."
The implications of this change are significant. "As a result of this change, Washington residents who have lived at a particular address longer than 30 days do not have to meet any durational limits to vote, while new residents must meet the 30-day Durational Residency Requirement."
Ferguson, who is currently engaged in a fierce battle to become Washington's next governor, signed the consent decree on behalf of Hobbs the day after this year's legislative session concluded.
The SOS implemented the update at a June 25 rulemaking session, effectively removing the requirement for voters to have been a resident of Washington for 30 days. This change has already been reflected in voter registration forms.
However, this rapid implementation has raised concerns among some officials. Kittitas County Auditor Bryan Elliot expressed his apprehension to The Center Square, stating, "My biggest concern is the rapid implementation of this change in a Presidential Election year. Our offices are agile, but this action has the potential to create further mistrust of the voter registration system, especially when state law and the state constitution both still contain language that is contrary to the consent decree."
In response to these concerns, SOS Communications Manager Derrick Nunnally defended the decision, arguing that this agreement saved the state a costly and likely losing court fight over enforcing the 30-day residency requirement. Despite these assurances, the debate over the implications of this change for the integrity of the voting process continues to rage on.
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