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Bill would allow county commissioners to administer oath of office to state legislators after appointment confusion

2790358 · March 26, 2025
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Summary

Substitute Senate Bill 5245 would explicitly authorize county commissioners (and county council members) to administer oaths of office to state legislators. The sponsor described a recent appointment where no judge was available in a remote location and urged clarifying the law to avoid future confusion.

Substitute Senate Bill 5245 would explicitly authorize county commissioners to administer the oath of office to state legislators, clarifying which local officials may perform the swearing-in after appointment.

Kellen Wright, committee staff, briefed the measure, noting Article VI of the U.S. Constitution requires state legislators to take an oath and Washington law has similar requirements. The bill would add county commissioners to the list of officials authorized to administer that oath.

Sen. Debra (Krishnadossen) explained the bill arose from her own experience after an appointment that took place in a remote location shared by two counties. Because a judge was not available at the ceremony, a county official performed the oath; later, staff raised questions about whether that was valid. Krishnadossen said she subsequently traveled to Olympia to be re‑sworn by a judge but brought the bill to remove confusion for future appointees.

Derek Young, interim executive director of the Washington State Association of Counties, testified in favor and said county councils and commissioners already commonly perform swearing-in ceremonies in remote or cross‑county districts; the bill would clarify the authority and reduce ambiguity for local officials.

Committee members asked clarifying questions about which county may administer the oath for multi‑county districts; staff said the bill would simply authorize county officials to perform the oath and would not restrict which county’s official must do so.