Washington Sheriffs File Lawsuit to Block Unconstitutional Law Allowing Unelected Commission to Remove Them From Office
Guest post by Bill Bruch
Yesterday, four Washington County Sheriffs sued the State of WA, the State Legislature, and Governor Bob Ferguson, asking the court to block a blatantly unconstitutional new law that gives a newly formed, unelected state commission the power to end their careers without a vote, a recall, or a court order.
Of all the terrible bills the (other than their unconstitutional income tax) that Democrats passed in the 2026 legislative session. 2SSB 5974 may be the worst. Duly elected County Sheriffs, Police Chiefs, and Town Marshals are now subject to a state-appointed, unelected bureaucratic board and can be “decertified” and removed from office.
This is another blatantly unconstitutional and sinister Democrat bill, where over 50 Republican Amendments were not adopted! Under the law, its 21 commissioners are appointed by the Governor (who appoints them to six-year terms, with some staggered).
Spokane County Sheriff John Nowels, Pend Oreille County Sheriff Glenn Blakeslee, Stevens County Sheriff Brad Manke, and Ferry County Sheriff Ray Maycumber filed the complaint in the Superior Court of the State of Washington, in Pend Oreille County. A hearing on their motion for a preliminary injunction is scheduled for April 16.
The legal action comes with the consent and support of Spokane County Prosecuting Attorney Preston McCollam, Pend Oreille County Prosecuting Attorney Dolly Hunt, Stevens County Prosecuting Attorney Erika George, and Ferry County Prosecuting Attorney Michael Golden.
The sheriffs’ motion argues the governor and legislature “adopted a modern-day McCarthy loyalty oath in the form of 2SSB 5974,” calling it “not a close constitutional call but rather a flatly prohibited practice from a dark period of our country’s history that must never be resurrected.”
The four sheriffs released a joint statement to Protect the Constitutional Rights of Voters from Legislative Overreach, calling the law an attack on voter rights disguised as a professional standards upgrade.
Concealed beneath the misleading title that claims to modernize regulations concerning law enforcement leaders, lies a clearly Unconstitutional mechanism that centralizes power by stripping it from the people. An egregious consequence of this statute is that it undermines our democratic process by allowing an unelected board, appointed by the Governor, to decertify and remove an elected Sheriff, thereby overriding the will of the voters. Limiting the voice of the people in elections is contrary to state and federal law.
The Washington State Constitution Article 1, § 1, states “All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.”
Contrary to the misleading title of SB 5974, the process for the removal of an elected official does not need to be “improved”. Our state constitution expressly reserves the right of the people to select their elected officials. SB 5974 destroys the people’s inherent political power, guaranteed to them by the Constitution, and purposely shifts that power to an unelected board appointed by the Governor. Eliminating the voter’s voice is an attack on the very foundation of our representative government.
No other law enforcement leader is more directly accountable to the people they serve, nor are their qualifications more scrutinized than those of a Sheriff. At every election, the people have the right to determine if a Sheriff is qualified to represent them. SB 5974 is not about strengthening eligibility and professional standards; rather, under the cloak of “modernization,” it subverts the rights of voters and alters longstanding law governing a Sheriff’s ability to protect and serve their community.
In glaring irony, the state legislators who passed the new requirements for Sheriffs and the Governor who signed them into law placed no such restrictions on their own ability to hold office.
As elected Sheriffs, we swore an oath to support the Constitution and laws of the United States and the State of Washington, while serving and protecting the people of our Counties. Our oath is not just words spoken; it is the very core of our truly held beliefs, and a solemn promise we will not break. By taking this action today, we stand together, unwavering in our oath and steadfast in our commitment to protect the inherent rights of the communities we serve.
Many other county sheriffs are also blasting SB 5974 as “voter suppression.”
When he signed the bill into law, Ferguson acknowledged SB 5974 may need work: “I’ll be looking for ways if we can just improve that process a little bit as we go into next session, but it’s too early to say what those revisions might be.”
The Democrat bill passed the Senate 30 to 19 and the House 54 to 42. It takes effect April 30, just days before the May 4 election filing window opens. Sheriffs across the state would need to comply before they can even get on the 2026 ballot.
The National Sheriffs’ Association and the Western States Sheriffs’ Association have formally joined forces in opposition to the legislation, calling it “a direct attack on a constitutionally established office” and “an affront to the citizens who elect their sheriffs.” The Supremacy Clause makes clear that the U.S. Constitution and federal law prevail. A Sheriff’s sworn duty is to uphold them — even when doing so is politically inconvenient. No appointed board should have the authority to override the will of voters in fulfilling that constitutional obligation.
This bill also violates the U.S. Constitution, 14th Amendment (Due Process Clause): Removal via administrative decertification without sufficient procedural safeguards (e.g., no automatic court review before vacancy) deprives the duly elected officeholder of due process and overrides electoral will, Art IV, Sec 4 (Guarantee Clause), denies a Republican form of government by allowing unelected bureaucrats to nullify voter-elected officials, interfering with local democratic processes, and the 10th Amendment (Powers Reserved to States/People): Principles that protect the will of the people from state overreach.
Additionally, it violates the WA State Constitution Art I, Sec 1 “All political power is inherent in the people,” Art I, Sec 3: “No person shall be deprived of life, liberty, or property, without due process of law,” Art II, Sec 1 and related provisions on Elections/Recall: The bill adds decertification as a new cause for vacancy and circumvents the Constitutional Recall process (Art I, Sec 33) for elected officials, allowing removal without voter-initiated recall or impeachment-like proceedings. And Art XI, Sec 5 (County government; Sheriffs as Constitutional Officers): Sheriffs are elected county officers, elected by county voters.
Unelected boards are not authorized by the U.S. or State Constitutions to remove a duly elected sheriff via decertification, bypassing voter sovereignty and local control, overriding the people’s election without due process or voter input.
This is another carefully crafted WA State Democrat law that purposefully transfers power from counties to a centralized state authority to further control Leftist policies. The duly elected County Sheriff is vital for law enforcement and is also tasked with investigating election crimes.
Also, the bill creates an office vacancy without a voter recall or judicial process, and deprives voters of their right to choose local law enforcement leaders who best reflect their community interests, and deprives the people of their personal liberty and property interests.
The Sheriff belongs to the people of each county, not corrupt state bureaucrats and unelected boards! Let’s hope this blatantly unconstitutional law gets tossed by the courts!
Bill Bruch is the WA State GOP Election Integrity Committee Chairman (6th year), WAGOP Executive Board Member (6th year), Skagit County GOP Chairman (10th year), Citizen Journalist, Olympic Conference 2021 Activist of the Year Award Winner, Business Owner, 2020 WA State House Representative Candidate, Former Council Member, and WA State 2016 and 2024 RNC National Convention Delegate
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