Inslee Pitches Law Targeting Lies About Election Results

OLYMPIA, WA — New legislation proposed by Gov. Jay Inslee would make it a criminal offense for political candidates and elected officials to spread lies about election results when they have a "likelihood to stoke violence," the governor announced Thursday.

Inslee unveiled the effort during the Associated Press Legislative Preview discussion, on the anniversary of the riots at the U.S. Capitol on Jan. 6, 2021.

"January 6 is a reminder not only of the insurrection that happened one year ago, but that there is an ongoing coup attempt by candidates and elected officials to overturn our democracy," Inslee said in a statement. "They are willing to do this by provoking violence, and today I proposed we do something about that in Washington."

The governor said the law would apply only to comments that both undermine the election process and are deemed likely to incite illegal acts.

"Soon, legislation will be introduced in the state House and Senate that would make it a gross misdemeanor for candidates and elected officials to knowingly lie about elections," Inslee said. "The proposed law is narrowly tailored to capture only those false statements that are made for the purpose of undermining the election process or results and is further limited to lies that are likely to incite or cause lawlessness."

The governor's office pointed to the Supreme Court's decision in Brandenburg v. Ohio, which allows for limitations on certain speech "where it is likely to incite lawlessness." Inslee said the law would not apply to false statements made about candidates or attempt to impose any limits on what candidates can say about one another.

"We're talking about candidates and elected officers knowing throwing bombs at democracy itself when doing so is likely to result in violence," Inslee said. "We can outlaw actions that provoke political violence and in doing so also protect our democracy."

As the Associated Press reports, the proposed legislation is still in the process of being written, and the governor is searching for lawmakers to sponsor the bill. This year's legislative is scheduled to begin on Monday, Jan. 10.