Manke Says Ruling Protects Voters’ Rights In Sheriff Law Challenge

Thurston County Superior Court Judge Christine Schaller temporarily blocked several provisions of a new state law setting stricter eligibility standards for elected sheriffs, a ruling Stevens County Sheriff Brad Manke said protects voters’ rights and free elections.

Manke was among four eastern Washington sheriffs who challenged Senate Bill 5974, which they have argued to be unconstitutional. The lawsuit was filed by Manke, Spokane County Sheriff John Nowels, Pend Oreille County Sheriff Glenn Blakeslee, and Ferry County Sheriff Ray Maycumber.

The preliminary injunction was issued April 29, one day before much of the law was scheduled to take effect. “Northeast sheriffs prevail in Thurston County court,” Manke said in a statement following the ruling.

Blocked Provisions

The injunction blocked several aspects of the law, including:

• Washington State Patrol eligibility background checks for sheriff candidates.

• New requirements limiting who could run for sheriff.

• A provision allowing a sheriff to be removed from office based on the ruling of a governor-appointed board.

Most importantly, Manke said, the injunction stopped “the part that a sheriff would be removed from office based on the ruling of a governor-appointed board, bypassing the vote of the people.”

The Legal Challenge

The court ruling does not decide the full merits of the case. Instead, Schaller ruled on whether to temporarily block portions of the law while the legal challenge continues.

“Judge Schaller was only ruling whether or not to put the injunction in place and was not ruling on the merits of the case,” Manke said. “However, she laid out her entire thought process on how she came to the conclusion.”

Manke noted that Schaller’s reasoning included concerns over legislative overreach, broad and vague language in the law, impacts on the electoral process and voter rights, and free speech concerns for sheriffs and candidates.

Accountability and Voter Rights

Senate Bill 5974 established standards requiring sheriffs to have at least five years of law enforcement experience, no felony convictions, and be at least 25 years old. Supporters argue it creates consistent standards for law enforcement leaders, while the challenging sheriffs argue it gives the state too much power over locally-elected offices.

“Our opposition to this law has nothing to do with accountability, as the law and the state suggest,” Manke said. “No other elected official is held as accountable by their citizens than the sheriff... This is really about protecting free and fair elections and protecting our voters’ rights.”

The state plans to appeal the ruling. The case was originally filed in Pend Oreille County but was moved to Thurston County, where the state government is based.