(The Center Square) – A Thurston County judge will hold an emergency hearing Wednesday on a legal challenge to one of the most contentious bills passed during the 2026 Washington state legislative session.
As reported by The Center Square, Senate Bill 5974 requires sheriff candidates to be at least 25 years old, have five years of law enforcement experience, pass a background investigation, have no felony or gross misdemeanor convictions, and be certified by the state’s Criminal Justice Training Commission (CJTC) within nine months of becoming sheriff.
The new law is set to take effect on April 30, but the emergency hearing will address a lawsuit filed by four Eastern Washington sheriffs, which seeks to block the measure from being implemented.
SB 5974 requires candidates to sign a statement swearing that they have no history of conduct that would lead the CJTC to deny or revoke their peace officer certification.
That conduct could include social media posts or public statements that CJTC considers offensive, and potentially be used to decertify a duly-elected sheriff.
“I think what’s most troubling about this law is, it’s not time omitted,” said Attorney Mark Lamb, who is representing the four sheriffs.
“So, if you’re a young person and you post something on social media, or like a post from the Babylon Bee, that could be used against you 10, 15 or 20 years later to say, ‘hey you liked something that marginalized someone’s perceived gender’….Something you posted in your private life decades before, you’re going to suffer the consequences for that.”
The bill was one of the most hotly debated proposals during the last legislative session. Democrats passed it along party lines, despite overwhelming opposition from the Republican minority and sheriffs across the state, who argue the statute is largely unconstitutional.
Upon signing the bill into law, Governor Bob Ferguson conceded that they might end up doing a “little work” to address his concerns with other sponsors ahead of the next legislative session.
The law will take effect just days before the candidate filing period opens for the 2026 election on May 4, pending possible court action to block it.
Spokane County Sheriff John Nowels, Pend Oreille County Sheriff Glenn Blankeslee, Stevens County Sheriff Brad Make and Ferry County Sheriff Ray Maycumber filed a lawsuit last Friday asking the Pend Oreille Superior Court to declare SB 5974 as unconstitutional.
“What that legislation does for the first time in Washington state history, is place the ability to remove a constitutionally elected officer into the hands of a board that is appointed almost overwhelmingly by the governor,” said Lamb.
“And the standards for which you could be removed would include who you speak with, what you write, and people that you might associate with.”
In a Monday response to the plaintiff’s motion for a preliminary injunction, the office of Attorney General Nick Brown argued the request should be denied.
“Plaintiffs ask this court to invalidate a duly enacted law meant to protect public confidence in law enforcement, yet they do so based on serious misunderstandings of what the law does and the legal standards governing this challenge,” the AG’s defense brief said.
“Far fetched theories about what the CJTC could theoretically do in the future are not well-grounded fears without some evidence that those suppositions are realistic and that specific harm will be immediate and substantial.”
Lamb said the case for the plaintiffs centers around the First Amendment.
“The First Amendment doesn’t allow you to set up barriers to what people can say, who they can associate with, and what they can write, because it has what’s called a chilling effect,” Lamb said.
“So that is why this legislation is facially unconstitutional.”
Another lawsuit has been filed against the bill by Kitsap County Sheriff’s candidate Rick Kuss, along with the Washington State Sherriff’s Association (WSSA) arguing sections of the new law are unconstitutional. The suit also seeks an injunction to block implementation.
