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Bill

SB 6312

Prohibiting the removal of a federal candidate from a ballot due to an allegation of insurrection or rebellion unless the candidate has been convicted for insurrection or rebellion under federal law.

2023-2024 Regular Session Introduced by Phil Fortunato

Requires federal conviction before Washington can remove federal candidates from ballots for insurrection or rebellion allegations.

First reading, referred to State Government & Elections.
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WeVote Research Nonpartisan
Bill Summary · SB 6312

Legislative bill overview

SB 6312 would prevent Washington state from removing federal candidates from ballots based on allegations of insurrection or rebellion. The bill requires an actual federal conviction for insurrection or rebellion before such removal could occur, rather than allowing removal based on allegations alone or state-level determinations.

Why is this important

This bill directly addresses the intersection of the 14th Amendment's insurrection clause and ballot access. It responds to recent legal challenges in multiple states regarding whether states can independently enforce the 14th Amendment's Section 3 disqualification provision without federal conviction, which has significant implications for election administration and candidate eligibility standards.

Potential points of contention

  • Federal vs. state authority: Whether states should defer entirely to federal conviction standards or maintain independent authority to interpret and enforce the 14th Amendment's insurrection clause
  • Ballot access standards: Disagreement over whether requiring only federal convictions creates too high a bar, potentially allowing candidates with strong evidence of insurrection to remain on ballots
  • Practical enforcement: Questions about whether this appropriately balances preventing unelected officials from making subjective removal decisions versus protecting democracy from insurrectionist candidates
  • Timing and precedent: The bill's relationship to ongoing 14th Amendment litigation and whether it preempts or responds to court decisions on this issue

Compiled from official sources — confirm details with the bill’s official record.

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