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Senator seeks to clarify who may administer oath to appointed legislators

2159683 · January 28, 2025
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Summary

Senate Bill 5245 would allow county legislative authorities to administer oaths of office to state legislators appointed to fill vacancies, prompted by a senator's appointment that required a second ceremonial swearing in in Olympia.

Danielle Creech, committee staff, briefed senators on proposed substitute Senate Bill 5245 at the Jan. 28 hearing, saying the bill "relating to legislative oaths of office" clarifies who may administer oaths to state legislators. Creech cited constitutional provisions, noting Article VI of the U.S. Constitution requires officials to swear an oath or affirmation to support the U.S. Constitution and Article I, section 6 of the Washington State Constitution addresses the mode of administering an oath.

Senator Deborah Christian Dawson, who sponsored the bill, described why she proposed the clarification. Dawson said that after her December appointment to the state Senate by joint county authorities in Pierce and Kitsap counties she was sworn in by County Council Member Robin Denson in the presence of family and community, but later learned there was uncertainty about whether a county council member was authorized to administer the oath. "As a result, I traveled to Olympia to be sworn in yet again the following day, this time by the honorable Justice Cheryl Gordon McLeod," Dawson said, adding the second swearing removed family from the ceremony and the bill seeks to remove future confusion.

Committee members asked practical questions. Senator Richelli queried whether counties with commissioners rather than council members are covered; Dawson and staff confirmed the intent is to include county commissioners and council members who perform appointments. Senator McEwen observed judges often administer oaths and noted local practice varies.

The sponsor said the clarification aligns the authority to administer the oath with the bodies that make appointments; no fiscal impacts were discussed. Public testimony was limited: three written proponents signed in but did not testify in person. The committee closed the hearing and will consider drafting clarifications, including whether to list county commission versus council nomenclature.