Sheriffs Fight Back
Voters Rights Versus Olympia’s Power Grab.
In a bold stand for the people who elected them, Spokane County Sheriff John Nowels, Pend Oreille County Sheriff Glenn Blakeslee, Stevens County Sheriff Brad Manke, and Ferry County Sheriff Ray Maycumber filed suit on April 3, 2026, in Pend Oreille County Superior Court to block Senate Bill 5974.
Recently signed by Governor Bob Ferguson, this law masquerades as “modernization” of law enforcement standards. In reality, it is a blatant state takeover of the elected office of sheriff. It hands an unelected board, appointed by the governor, the power to decertify and remove duly elected sheriffs, stripping voters of their constitutional voice.
As the sheriffs’ press release declares, “All political power is inherent in the people, and governments derive their just powers from the consent of the governed.” SB 5974 flips that principle on its head, shifting authority from the ballot box to a bureaucratic commission in Olympia.
This lawsuit is not just about four sheriffs protecting their jobs. It is a defense of representative government itself. The sheriffs are right to challenge the bill as facially unconstitutional, especially with the May 2026 filing period fast approaching.
The Assault on Voter Sovereignty
The Washington Constitution carefully limits how elected officials can be removed through voter-initiated recall or impeachment. SB 5974 bypasses all that. If the Criminal Justice Training Commission, an unelected body, revokes a sheriff’s peace officer certification based on vague criteria, the office is automatically declared vacant. No judge. No recall election. No due process. Just administrative fiat overriding the people’s choice.
This directly attacks Article I, Section 19 protections for free and equal elections and destroys the inherent political power reserved to the voters. The sheriffs argue that beneath the misleading title of “modernization,” SB 5974 hides a clearly unconstitutional mechanism that centralizes power by stripping it from the people. It undermines our democratic process by allowing an unelected board, appointed by the Governor, to decertify and remove an elected sheriff, overriding the will of the voters.
Vague Standards That Invite Abuse
The bill’s broad, undefined triggers for decertification create a perfect vehicle for political retaliation. What counts as prejudicial or discriminatory conduct in today’s polarized climate? Affiliation with groups labeled “extremist” by state bureaucrats? What if a mainstream group today is reclassified as “extreme” tomorrow simply to target a particular sheriff?
These vague standards fail to provide fair notice of prohibited behavior and invite arbitrary or discriminatory enforcement by the Criminal Justice Training Commission, violating both state and federal due process protections. Such looseness opens the door to selective enforcement against sheriffs whose views displease those in power.
The sheriffs correctly identify this as a serious due process violation.
Unconstitutional Barriers to Office
The state constitution sets only minimal qualifications for county officers: United States citizen, eighteen years or older, and a thirty-day resident. Legislators cannot add new prerequisites like specific law enforcement experience or mandatory certification. Sheriffs have historically been elected based on the judgment of their communities, not filtered through state-approved checklists.
By imposing minimum qualifications, age thresholds, background checks, and mandatory peace officer certification within nine months, SB 5974 adds improper and unconstitutional eligibility requirements. The lawsuit emphasizes a strong presumption against such extra barriers. The Legislature cannot impose them.
Stripping the Sheriff of Constitutional Powers
The sheriff is the elected chief law enforcement officer with inherent powers under Article XI, Section 5. Tying the ability to deputize or direct operations to certification status lets an appointive agency override an elected official’s authority. This impairs the office’s independence and turns sheriffs into subordinates of the governor’s commission.
The bill restricts uncertified individuals from exercising law enforcement powers or deputizing others and automatically creates a vacancy upon loss of certification. These provisions unconstitutionally limit the sheriff’s core functions.
Chilling Speech and Forcing Loyalty Oaths
Vague certification rules will deter sheriffs and candidates from expressing unpopular views or associating with certain groups for fear of revocation. The required sworn statement under penalty of perjury functions as an impermissible loyalty oath. It conditions the right to seek office on uncertain future compliance with bureaucratic standards.
This chills protected speech and association under the First Amendment. The lawsuit labels it an unconstitutional loyalty oath.
The Hypocrisy in Olympia
Legislators and the governor imposed none of these rigorous hurdles on themselves. They demand professional standards for elected sheriffs while facing far lower barriers to their own offices. Sheriffs already face constant public scrutiny at the ballot box and are the most directly accountable law enforcement leaders. Voters, not Olympia, should decide if they are qualified.
The sheriffs’ press release highlights the glaring irony: those who passed and signed the law placed no such restrictions on their own ability to hold office.
A Dangerous Precedent for Democracy
This is not neutral modernization. It is an aggressive move to bring independently elected sheriffs under state administrative control, especially in conservative eastern Washington counties. If allowed to stand, it sets a dangerous precedent that could erode voter power over other elected positions.
No other law enforcement leader is more directly accountable to the people than a sheriff. At every election, voters have the right to determine if a sheriff is qualified.
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. This is a hard-left shift toward authoritarian control and away from democracy. So much for “no kings!”
Voters Deserve Better Than Government by Commission
The Pend Oreille County Superior Court has a preliminary injunction hearing scheduled for April 16, 2026. At stake is whether Washington voters will continue to have sheriffs who answer directly to them, or whether an unelected board in Olympia will gain the power to override the will of the people. Washington voters deserve sheriffs who are accountable to them, not to an unelected board in Olympia.
This case is about far more than law enforcement standards. It is about whether government of the people, by the people, for the people still means anything in Washington state, or whether it is being quietly replaced by government by commission.
Four brave sheriffs are standing up for the Washington Constitution. Now it is time for voters to stand up for them. Support these courageous sheriffs in their fight to protect voter sovereignty. Thank them when you see them. Attend the preliminary injunction hearing on April 16, 2026, in Pend Oreille County Superior Court if you can. Follow the case closely and spread the word to your neighbors and fellow voters.
The four sheriffs — John Nowels of Spokane County, Glenn Blakeslee of Pend Oreille County, Brad Manke of Stevens County, and Ray Maycumber of Ferry County — deserve praise for filing this lawsuit. Their action protects the inherent rights of the communities they serve. Please pray that the court will side with the Constitution and the voters. Anything less would ratify one of the most brazen power grabs in recent state history.
Nancy Churchill is a writer and educator in rural eastern Washington State, and the chair of the Ferry County Republican Party. She may be reached at DangerousRhetoric@pm.me. The opinions expressed in Dangerous Rhetoric are her own. Dangerous Rhetoric is available on Substack, X, and occasionally Rumble.
SOURCES:
1) Sheriffs’ Joint Press Release on the Ferry County Sheriff Facebook Page, 4/3/2026: https://bit.ly/41Tpi8c
2) Sheriffs v Washington, COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF, https://bit.ly/4cqn06B
3) SB 5974: State Takeover of local Sheriffs, WA House Republicans, Stop Bad Bills Page, https://bit.ly/3PRys2u
4) 26-2-00059-26 | JOHN NOWELS et al vs STATE OF WASHINGTON et al, 4/3/2026 https://odysseyportal.courts.wa.gov/ODYPORTAL/Home/WorkspaceMode?p=0
It is too bad that counties don’t just say we are not going to violate the Washington State Constitution, which is against the Law. We will continue to elect our Sheriff.
This is gonna be interesting. Are they willing to go all the way?