Elected sheriffs

AN ACT Relating to clarifying that elected sheriffs who are not 1
certified peace officers pursuant to chapter 43.101 RCW cannot 2
personally perform law enforcement actions other than those directed 3
or authorized by the Constitution or laws of the state of Washington, 4
specifying that discretionary decertification of an elected sheriff 5
for conduct that occurred after their term of office began initiates 6
a recall of that sheriff, and specifying that mandatory 7
decertification of an elected sheriff for conduct that occurred after 8
their term of office began initiates a recall of that sheriff without 9
the need to circulate, collect, or canvass supporting signatures; 10
amending RCW 29A.56.180; adding a new section to chapter 36.28 RCW; 11
and creating a new section. 12
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:13
NEW SECTION. Sec. 1. A new section is added to chapter 36.28 14
RCW to read as follows: 15
(1) An elected sheriff who is not a certified peace officer 16
pursuant to chapter 43.101 RCW shall have all authority of the office 17
of sheriff but shall not personally perform any law enforcement 18
action that is reserved exclusively for certified peace officers. 19
However, an elected sheriff who is not a certified peace officer 20
pursuant to chapter 43.101 RCW shall maintain authority to take all 21
H-2474.3
HOUSE BILL 2387
State of Washington 69th Legislature 2026 Regular Session
By Representatives Burnett, Leavitt, Griffey, Graham, Schmidt,
Ybarra, Rule, Ryu, Ley, Klicker, Gregerson, Barkis, Dent, and
Manjarrez
Prefiled 01/09/26. Read first time 01/12/26. Referred to Committee
on Community Safety.
p. 1 HB 2387
actions as directed or authorized by any provision of the 1
Constitution or laws of the state of Washington. 2
(2) Whenever the certification of an elected sheriff is revoked 3
pursuant to RCW 43.101.105(3) for conduct that occurred after their 4
term of office began, the final order revoking peace officer 5
certification shall constitute an initiation of recall proceedings 6
pursuant to RCW 29A.56.110, and the criminal justice training 7
commission shall be deemed as the person or entity making the charge 8
for recall. 9
(3) Whenever the certification of an elected sheriff is revoked 10
pursuant to RCW 43.101.105(2) for conduct that occurred after their 11
term of office began, the final order revoking peace officer 12
certification shall constitute an initiation of recall proceedings 13
pursuant to RCW 29A.56.110, and the criminal justice training 14
commission shall be deemed as the person or entity making the charge 15
for recall. If the superior court finds the charges sufficient for 16
recall, and after correcting any ballot synopsis the court deems 17
inadequate, no circulation, collection, or canvassing of signatures 18
is required and the officer with whom the petition is filed shall fix 19
a date for the special election to determine whether or not the 20
sheriff charged shall be recalled and discharged from office as 21
specified in RCW 29A.56.210. 22
Sec. 2. RCW 29A.56.180 and 2003 c 111 s 1414 are each amended to 23
read as follows: 24
When the person, committee, or organization demanding the recall 25
of a public officer has secured sufficient signatures upon the recall 26
petition the person, committee, or organization may submit the same 27
to the officer with whom the charge was filed for filing in his or 28
her office. The number of signatures required shall be as follows:29
(1) In the case of a state officer, an officer of a city of the 30
first class, a member of a school board in a city of the first class, 31
or a county officer of a county with a population of ((forty 32
thousand)) 40,000 or more — signatures of legal voters equal to 33
((twenty-five)) 25 percent of the total number of votes cast for all 34
candidates for the office to which the officer whose recall is 35
demanded was elected at the preceding election. 36
(2) In the case of an officer of any political subdivision, city, 37
town, township, precinct, or school district other than those 38
mentioned in subsection (1) of this section, and in the case of a 39
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state senator or representative — signatures of legal voters equal to 1
((thirty-five)) 35 percent of the total number of votes cast for all 2
candidates for the office to which the officer whose recall is 3
demanded was elected at the preceding election. 4
(3) In the case of an elected sheriff whose certification is 5
revoked pursuant to RCW 43.101.105(2) for conduct that occurred after 6
their term of office began, no signatures are required.7
NEW SECTION. Sec. 3. This act shall be known and cited as the 8
sheriffs accountability to the voters act.9
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p. 3 HB 2387