Thurston County Sheriff Derek Sanders and Pierce County Sheriff Keith Swank are sounding the alarm over a new Washington law that lets the state effectively fire elected sheriffs if they are decertified. The two sheriffs said Wednesday that the measure is a dangerous overreach by state officials, tightening qualifications for top law enforcement jobs while giving state agencies new investigative and removal powers that could sideline officials chosen by local voters.
What the law requires
Senate Bill 5974 creates uniform eligibility rules for candidates for sheriff, police chief and town marshal, including requirements for U.S. citizenship, a minimum age of 25, a high school diploma or equivalent, no prior felony or gross misdemeanor convictions and generally at least five years of full time law enforcement experience. Once in office, a new sheriff must obtain certification within nine months.
The law directs the Washington State Patrol to run background checks on candidates, which can include reviews of disciplinary records, screening for extremist affiliations, social media checks, a psychological exam and a polygraph or similar assessment. Counties are on the hook to reimburse the State Patrol for those costs. The full list of requirements appears in the bill text: Senate Bill 5974.
Sheriffs say it's an overreach
Both Sanders and Swank told The News Tribune they believe the change hands too much power to unelected state bodies and weakens local accountability. Swank, who has been the subject of multiple certification complaints, told the paper he would not recognize an attempted removal, and the article notes he had open certification cases as of Wednesday. Sanders said he supports higher professional standards but opposes a system that can remove an elected sheriff without going back to the voters.
Legislative push and timing
The bill was sponsored in the Senate by Sen. John Lovick, passed the Senate on a 30 to 19 vote and cleared the House 54 to 42 before heading to the governor. Supporters say it brings consistency to hiring standards across the state and stops uncertified individuals from running law enforcement agencies.
According to the bill report, SB 5974 carries an emergency clause. Most sections are set to take effect April 30, 2026, with other provisions kicking in on January 1, 2027.
Legal questions and next steps
Opponents, including several county sheriffs, warned that the new rules would allow a state agency to overturn the will of local voters and urged Gov. Bob Ferguson to issue a veto or at least a partial veto, according to reporting on sheriffs' statements. Washington State Standard detailed the organized pushback.
The Criminal Justice Training Commission already has authority to decertify officers, and SB 5974 turns a decertification into a statutory trigger that immediately creates a vacancy and requires counties to appoint a replacement. Legal observers say that shift could invite court challenges.
How the law works on the ground will depend heavily on administrative rules. The State Patrol must draft a standard form and process for background requests, and the Criminal Justice Training Commission will write guidance on suitability criteria. Counties will be responsible for footing the bill for investigations.
County officials, sheriffs' groups and attorneys are likely to watch the CJTC rulemaking and any early decertification cases closely to gauge how aggressively the new law will be applied. Many of the timelines, cost responsibilities and implementation steps are laid out in the House analysis: See the House bill report for those details.
