HB 2333 is framed as a response to “political violence,” but this bill goes far beyond addressing genuine safety concerns. HB 2333 creates a sweeping system of secrecy, special privileges, and criminal penalties that apply only to elected officials, candidates, election officials, and criminal justice participants, but not the public they serve. This bill rewrites Washington’s transparency laws in ways that raise serious constitutional red flags and undermine public trust.
30-Second CALL TO ACTION
HB 2333 has a public hearing in the House Committee on State Government & Tribal Relations on January 14th at 1:30PM. Click the button below by 12:30PM on January 14th to register your CON (opposed) position for the legislative record.
Massive Expansion of Government Secrecy
HB 2333 allows elected officials, candidates, election officials, and criminal justice participants, plus anyone living with them, to hide their residential address and parcel number across:
- Campaign finance reports
- Property records
- Voter registration rolls
- Candidate declarations
- Financial disclosures (F‑1s)
This is a dramatic shift away from Washington’s long‑standing commitment to open government.
Why it matters: Transparency in political filings is a core democratic safeguard. When public officials can conceal basic information that ordinary citizens must disclose, accountability erodes.
Restricts the Press — Possible First Amendment Violation
The bill allows news media to access certain redacted information but prohibits them from further disseminating it.
Why it matters: The U.S. Supreme Court has repeatedly held that the government cannot restrict the republication of lawfully obtained information. This clause is a likely unconstitutional prior restraint on speech.
Creates a Two‑Tiered System — Equal Protection Concerns
HB 2333 grants public officials:
- Automatic address confidentiality
- Retroactive redaction of records
- State‑funded personal security measures
- Special exemptions from the Public Records Act
Meanwhile, ordinary citizens, including those facing real threats, must meet strict criteria to qualify for similar protections.
Why it matters: Washington’s Constitution prohibits granting special privileges to a favored class without a compelling justification. HB 2333 creates broad, permanent privileges unrelated to job performance or demonstrated risk.
Weakens the Public Records Act (PRA)
The bill creates new PRA exemptions for:
- Security footage
- Security assessments
- Any records created by personal security measures
- Redaction request forms
- Candidate filings containing protected addresses
Why it matters: Washington courts require PRA exemptions to be narrow and specific. HB 2333’s exemptions are sweeping and retroactive, which is likely in conflict with Article I, Section 10 and decades of case law.
Expands Felony Harassment in Ways That Could Chill Political Speech
HB 2333 elevates harassment of elected officials to a Class C felony when related to their official duties.
Why it matters: Political speech, even harsh, angry, or offensive speech, is protected unless it constitutes a true threat. The bill’s language (“maliciously do any act intended to substantially harm…”) is vague and risks criminalizing protected criticism of public officials.
State‑Funded Home Security for Legislators
The bill authorizes:
- Home security assessments
- Security cameras, fencing, gates, lighting
- Cybersecurity services
- Identity‑theft monitoring
- Paid security personnel
- Use of campaign funds, surplus funds, and legislative accounts to pay for these measures
Why it matters: This is a significant expansion of taxpayer‑funded and donor‑funded benefits for elected officials without clear limits, oversight, or evidence of necessity.
CONSTITUTIONAL CONCERNS AT A GLANCE
| Issue | Concern |
|---|---|
| First Amendment | Restricts press dissemination; chills political speech; limits access to political information |
| Equal Protection (WA Const. Art. I, Sec. 12) | Grants special privileges to public officials unavailable to the public |
| Open Government (PRA & WA Const. Art. I, Sec. 10) | Creates broad, retroactive exemptions; undermines transparency |
| Due Process | Vague definitions and broad criminal penalties risk arbitrary enforcement |
BOTTOM LINE
HB 2333 is a sweeping expansion of secrecy and privilege for public officials. It undermines transparency, restricts the press, chills political speech, and creates a two‑tiered system where government officials enjoy protections denied to the public.
HB 2333 also contains an emergency clause, making it take effect immediately upon signing by the governor.
CLW OPPOSES HB 2333.
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