04/17/2026
Washington State Sheriffs’ Association Files Lawsuit Challenging Constitutionality of SB 5974
OLYMPIA, WA — April 6, 2026 — The Washington State Sheriffs’ Association (WSSA), which comprises the 39 sheriffs of Washington State, and Kitsap County Sheriff candidate Rick Kuss have filed a legal challenge in Thurston County Superior Court against the State of Washington, the Washington State Criminal Justice Training Commission (WSCJTC), and the Washington State Patrol (WSP). The lawsuit seeks a declaration that Sections 9, 11, 12, 13, and 14 of 2026's Second Substitute Senate Bill 5974 are unconstitutional as applied to sheriffs and candidates for sheriff. The plaintiffs are also seeking an injunction to bar the state from enforcing or acting in accordance with the Act.
Signed into law on April 1, 2026, SB 5974—otherwise known as “The Sheriffs Bill”—imposes new eligibility requirements and automatic vacancy provisions for the office of sheriff. The WSSA fully supports the complaint, arguing that the legislation undermines the nature of our republic and the democratic process by removing decision-making from the voters. The association maintains that because we live in a republic where power is intended to remain with the people, the decision to remove a sheriff should be left to the voters who elected them, rather than being handled through centralized administrative processes.
The legal challenge asserts that the Act violates Article XI, Section 5 of the Washington Constitution because the legislature may not delegate the substantive power to determine eligibility for a constitutionally established office to executive branch agencies. Furthermore, the plaintiffs argue the bill violates the right to "free and equal" elections under Article I, Section 19 by empowering agencies to gatekeep access to the ballot based on subjective, agency-defined criteria. The complaint also alleges violations of free speech and privacy rights, specifically targeting the mandatory review of social media accounts and inquiries into a candidate's associations as content-based restrictions that constitute a prior restraint on core political speech.
The other party in the lawsuit is Rick Kuss, a retired U.S. Navy Lieutenant Commander and current deputy sheriff who filed to run for Kitsap County Sheriff for the 2026 election cycle. Despite his 24-year military career and Master’s degree in Criminal Justice, Kuss is disqualified from the race under Section 9(1)(h) of the Act because he does not yet meet the newly mandated requirement of five years of regular, full-time law enforcement employment. Kuss has been actively campaigning and raising campaign funds since November 2025, long before the legislature was even in session to consider this bill.
The WSSA reminds the public that sheriffs take an oath to uphold both the federal and state constitutions and intend to fight against attempts to centralize power. This legal action aims to protect the integrity of the electoral process and ensure that the people of each county retain their constitutional right to choose who governs them.
Respectfully,
WSSA Executive Board
