Island County Auditor

Frequently Asked Questions about Mental Competency, Guardianships
and Voting Rights

Under the law, only a state court may declare a person mentally incompetent and therefore unable to register to vote. These decisions are made on a case-by-case basis by a Superior Court Judge.

Can people subject to a full guardianship register to vote?

Those placed under the care of a full guardianship due to their mental capacity may not register to vote.

Can people subject to a limited guardianship register to vote?

These cases are determined by the specific language of the court’s guardianship order. It cannot be assumed people under a limited guardianship due to their mental capacity are not eligible to vote.

Is there a minimum competency for voter registration?

A person must be 18 years of age or older to register to vote. There is no test to determine competency.

Can you give me background information on this process?

The Washington State Constitution has a provision removing the voting franchise from “…all persons while they are judicially declared mentally incompetent…”(Art. VI sec. 3). This means that a person that has been the subject of court action relating to their mental competency and has had the court declare that they are not eligible for the franchise may not register or vote. This judgment is handled on a case-by-case basis by a judge. If a person is subject to a complete guardianship, they may not register and vote. In the case of a limited guardianship voting rights are maintained unless the court has specifically included the loss of voting rights in the guardianship.

What causes a person to be placed in a guardianship?

A guardianship may be necessitated by a person’s diminished mental capacity due to developmental delay, mental illness, injury or aging. Nothing about this process is automatic, it is the result of a family member or legal guardian requesting court action.

The law describing this process is shown below:

RCW 11.88.010(5) States that “When a court imposes a full guardianship for an incapacitated person, the person shall be considered incompetent for purposes of rationally exercising the right to vote and shall lose the right to vote, unless the court specifically finds that the person is rationally capable of exercising the franchise. Imposition of a limited guardianship for an incapacitated person shall not result in the loss of the right to vote unless the court determines that the person is incompetent for purposes of rationally exercising the franchise.”

It is the responsibility of each person (or their guardian) to know whether they are eligible to register and vote. You must be at least 18 years of age, a citizen of the United States of America, and have your full civil rights to be eligible to participate in elections.

What are the penalties for voting or registering to vote while ineligible?

These crimes are Class C felonies punishable by imprisonment for up to five years, or by a fine of up to $10,000 or both.

What can a person do if they know of someone that isn’t eligible to vote but is registered to vote?

The first thing to do is suggest that the illegal voter contact their county elections department and ask to have their voter registration canceled. If they are not willing to take care of it themselves, you may also challenge that person’s voter registration with the county auditor, or provide proof of their ineligibility to the County Prosecuting Attorney so that the Prosecutor can challenge their voter registration.

How can a person file a report about a person who is not eligible that is registered?

Fill out a Voter Concern Form.