Lawmakers could decide whether a Southwest Washington Representative facing felony voter fraud charges will serve in state legislature

Lawmakers could decide whether a Southwest Washington Representative facing felony voter fraud charges will serve in the state legislature.

Washington Rep. John Ley, R-Battle Ground, will have an unusual winter in the state Legislature. In a case with little local historical precedent, Ley will begin as the newest representative for Southwest Washington’s 18th District in January. Then, six weeks later, he will appear before a jury for felony voter fraud charges in Clark County Superior Court.

The case stems from the 2022 midterm election. At the time, Ley ran for the same 18th District seat. To qualify, he said under oath that he was living in a Battle Ground residence that he rented from a friend for $1 per month. However, as previously reported by OPB, Ley had long owned a home in Camas, which is in the neighboring 17th District. He wanted to serve in the 18th to be involved in the multibillion-dollar Interstate 5 bridge replacement, Ley said at the time. His Battle Ground residency was challenged and found to be unlawful, which led to the current criminal case against him.

Here’s what could happen with an elected official facing felony voter fraud charges when the Legislature convenes in January.

How was Ley elected if he faces criminal charges?

An investigation of cellphone records by a Clark County Sheriff’s Office sergeant showed that in the month before Ley filed to run for office in 2022, it was unlikely that he was ever present at the location where he claimed to live. He was charged in November 2023.

“I determined it was highly unlikely that John Ley had ever stayed the night in that location during that time-frame; and, ultimately, I determined beyond a reasonable doubt that John Ley did not live or reside at that address during that time,” Sergeant Jayson Camp wrote in court documents.

However, Washington law does not prevent someone with pending charges from running for office. In a twist, as the 2022 case slowly worked its way through the courts, Ley was successfully elected to the 18th District this past November. During the 2024 presidential election he rented another house in Vancouver’s Hazel Dell neighborhood, also in the 18th District. While that residency was also challenged, Ley provided documentation including a lease, driver’s license and utility account registered there, according to the Columbian. The county reviewed the complaint, but found that this time Ley met the residency requirements to run in the 18th District.

What are the charges?

Ley faces two charges. The first concerns knowingly providing false information on an application for voter registration. The second charge focuses on knowingly providing false information when declaring his candidacy.

They are class C felonies that each come with a maximum punishment of five years in jail and a $10,000 fine.

Clark County Senior Deputy Prosecuting Attorney Erik Podhora will be representing the state.

What does Rep. Ley say?

Ley has pleaded not guilty to the charges. He did not respond to email or phone interview requests but his attorney, Angus Lee, said that his client is innocent and pointed out that he has been recognized as a resident of the 18th Legislative District.

“This prosecution is political, it’s totally unprecedented, and it will not result in a conviction,” Lee said.

What happens if Ley is convicted?

Based on the timeline for the case, Ley will already have served in the Legislature as the 18th District representative for more than a month when his jury trial starts in late February.

According to Bernard Dean, the chief clerk of the House of Representatives in the Washington state Legislature, any sanctions about whether he can serve would ultimately come from his peers in the House.

“It’s for the members to decide whether a criminal conviction of this sort warrants them not being a member of the House,” Dean said. “They have to make that determination for themselves in terms of their colleagues and what their qualifications are and what would disqualify a member from serving.”

The House has a few tools in this area, according to Dean, including censuring or expelling one of its members. Expelling a member of the House requires a two-thirds majority vote, while not seating them in the first place requires a lower threshold of support. Dean said it is rare that lawmakers have chosen not to seat a member who was elected by voters, plus a ruling won’t yet have been issued on Ley’s case when he takes office.

“That has not occurred often in state history,” Dean said.

If Ley lost his seat, either through expulsion or because of jail time, a vacancy would be created. County precinct committee officers would give a list of alternative representatives to the county officials in the 18th District, which they would choose between, according to Dean. If county officials couldn’t make a decision, it would fall to the governor to make the appointment.

Are there other past examples of cases like this?

Not many.

According to Dean, there are just two historic precedents he looks to in Washington state where lawmakers were kicked out of their seats or prevented from taking office. There are also a few other related cases that lawmakers could potentially look to for guidance.

In 1933, Washington state Rep. Nelson G. Robinson was expelled from his seat in what was then the 32nd District. Robinson had been convicted of statutory rape and was sentenced to serve time in the Washington State Reformatory before being pardoned by the governor. Once pardoned, an investigative committee was formed by members of the House to decide if he should serve in the Legislature. Robinson was expelled by a vote of 93-5.

In 1941, the state Senate refused to seat Senator-elect Lenus Westman in the 39th District because of his prior membership in the Communist Party. A special committee was formed to investigate the charges against Westman. Their investigation determined that Westman was not kicked out of the Communist Party, but left because he thought “his social and economic beliefs can be better furthered outside of the Communist Party.” The Senate membership didn’t let him serve.

A 2020 example involved Rep. Matt Shea, R-Spokane, who was threatened with expulsion. Shea had been the subject of an internal House investigation into whether he had participated in political violence through a series of anti-government standoffs. The report determined that he had “planned, engaged in, and promoted a total of three armed conflicts of political violence against the United States (US) Government.” Democrats could not find any Republican support for his removal. Shea was kicked out of the GOP caucus, which excluded him from voting in legislative committees, according to the Spokesman-Review. He then did not seek reelection.

Past criminal convictions are not necessarily a barrier to serving in the Legislature. In 2020, current Rep. Tarra Simmons, D-Bremerton, was elected as Washington state’s first formerly incarcerated lawmaker. Simmons had served prison time for past drug-related crimes, however when she was elected there were no active charges against her.

What happens next?

Washington’s legislative session starts Jan. 13. Ley’s case has already been rescheduled two times before, but the jury trial is scheduled for Feb. 24 in Clark County Superior Court. Depending on the outcome, it will be up to lawmakers to decide the consequences.