Wash. Rev. Code » Title 42 · Chapter 42.12
Revised Code of Washington

Wash. Rev. Code § 42.12.010 (2025)

Causes of vacancy

✓ laws through the 2025 session: 2026 session laws are not yet included
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Every elective office shall become vacant on the happening of any of the following events:
(1) The death of the incumbent;
(2) The resignation of the incumbent. A vacancy caused by resignation shall be deemed to occur upon the effective date of the resignation;
(3) The removal of the incumbent;
(4) Except as provided in *RCW 3.46.067 and 3.50.057, the incumbent ceasing to be a legally registered voter of the district, county, city, town, or other municipal or quasi municipal corporation from which the incumbent shall have been elected or appointed, including where applicable the council district, commissioner district, or ward from which the incumbent shall have been elected or appointed;
(5) The incumbent's conviction of a felony, or of any offense involving a violation of the incumbent's official oath;
(6) The incumbent's refusal or neglect to take their oath of office, or to give or renew their official bond, or to deposit such oath or bond within the time prescribed by law;
(7) The decision of a competent tribunal declaring void the incumbent's election or appointment;
(8) Whenever a judgment shall be obtained against that incumbent for breach of the condition of their official bond; or
(9) Whenever an elected law enforcement official does not maintain certification as required under chapter 43.101 RCW, has been decertified pursuant to a final decision by the criminal justice training commission under chapter 43.101 RCW or a final decision on appeal, or if the other requirements of RCW 36.28.025 have not been met or have not been complied with while in office.
[ 2026 c 258 s 12; 1994 c 223 s 2; 1993 c 317 s 9; 1981 c 180 s 4; Code 1881 s 3063; 1866 p 28 s 2; RRS s 9950.]

Notes:

*Reviser's note: RCW 3.46.067 was repealed by 2008 c 227 s 12, effective July 1, 2008.
Findings—Intent—Effective date—2026 c 258: See notes following RCW 35.21.333.
Effective date—1994 c 223 s 2: "(1) Section 2 of this act shall take effect January 1, 1995.
(2) *Section 20 of this act shall take effect July 1, 1994." [ 1994 c 223 s 94.]
*Reviser's note: The governor vetoed 1994 c 233 s 20.
Severability—Effective date—1993 c 317: See notes following RCW 3.50.810.
Severability—1981 c 180: See note following RCW 42.12.040.
Notes of Decisions
Cited in 26 cases (7 in the last 5 years), 1960–2024 · leading case: State ex rel. Zempel v. Twitchell, 367 P.2d 985 (Wash. 1962).
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State ex rel. Zempel v. Twitchell, 367 P.2d 985 (Wash. 1962). · cites it 18× “The relevant statutes are RCW 42.12.010, which states: "Every office shall become vacant on the happening of either of the following events before the expiration of the term of such officer.”
State ex rel. Munroe v. City of Poulsbo, 37 P.3d 319 (Wash. Ct. App. 2002). · cites it 11× “We hold that the amendment to RCW 42.12.010, which added language stating that a vacancy “shall be deemed to occur upon the effective date of the resignation,” changes the common-law rule set forth in State ex rel.”
Riddle v. Elofson, 439 P.3d 647 (Wash. 2019). · cites it 4× “The dissent contends that because public officiais can be removed from office if they have been convicted of a crime under RCW 42.12.010 regardless of the detriment to those officials, it is unclear whether Riddle has an equitable right to her elected office.”
Lee v. Jasman, 332 P.3d 1106 (Wash. Ct. App. 2014). · cites it 5× “Two later decisions treat the forfeiture statute as a corollary to RCW 42.12.010, which addresses events creating a vacancy in an elected office.”
In re Recall of Inslee, 451 P.3d 305 (Wash. 2019). · cites it 2× “The State explains that RCW 42.12.010 determines when an elective office becomes vacant, and travel is not included.”
Janovich v. Herron, 592 P.2d 1096 (Wash. 1979). · cites it 2× “RCW 42.12.010. The recall issue then becomes moot.”
Foisy v. Conroy, 4 P.3d 140 (Wash. Ct. App. 2000). · cites it 4× “Finally, Foisy argues that Judge Allendoerfer erred when he ruled that RCW 42.12.010 did not apply to officials who were appointed, rather than elected to an office.”
Foisy v. Conroy, 101 Wash. App. 36 (Wash. Ct. App. 2000). · cites it 4× “Finally, Foisy argues that Judge Allendoerfer erred when he ruled that RCW 42.12.010 did not apply to officials who were appointed, rather than elected to an office.”
State v. Verharen, 969 P.2d 64 (Wash. 1998). “See RCW 42.12.010(4) (providing that an elective office shall become vacant upon the incumbent ceasing to be a legally registered voter of the county from which he or she shall have been elected).”
State ex rel. Quick-Ruben v. Verharen, 969 P.2d 64 (Wash. 1998). “If Quick-Ruben were correct that Verharen was no longer a Pierce County resident and such residency was constitutionally mandated, the result of such disqualification would be a vacancy in the office at the time Verharen ceased to be a Pierce County resident.”
Matsen v. Kaiser, 443 P.2d 843 (Wash. 1968). · cites it 2× “" We pointed out in that case that RCW 42.12.010 and RCW 9.92.120 are expressions of legislative policy.”
State ex rel. Perry v. City of Seattle, 420 P.2d 704 (Wash. 1966). · cites it 2× “RCW 42.12.010 declares that the provisions of the chapter shall not be applicable to cities which have a charter or regulations which "substantially accomplish" the purposes of the chapter.”
Show all 26 citing cases →
Wash. Rev. Code § 42.12.010(2): 1 case
State ex rel. Munroe v. City of Poulsbo, 37 P.3d 319 (Wash. Ct. App. 2002). “We hold that the amendment to RCW 42.12.010, which added language stating that a vacancy “shall be deemed to occur upon the effective date of the resignation,” changes the common-law rule set forth in State ex rel.”
Wash. Rev. Code § 42.12.010(3): 1 case
Eric Johnson v. Wa State Conservation Comm., 480 P.3d 502 (Wash. Ct. App. 2021).
Wash. Rev. Code § 42.12.010(4): 3 cases
State v. Verharen, 969 P.2d 64 (Wash. 1998). “See RCW 42.12.010(4) (providing that an elective office shall become vacant upon the incumbent ceasing to be a legally registered voter of the county from which he or she shall have been elected).”
State ex rel. Quick-Ruben v. Verharen, 969 P.2d 64 (Wash. 1998). “If Quick-Ruben were correct that Verharen was no longer a Pierce County resident and such residency was constitutionally mandated, the result of such disqualification would be a vacancy in the office at the time Verharen ceased to be a Pierce County resident.”
Parker v. Wyman, 289 P.3d 628 (Wash. 2012).
Wash. Rev. Code § 42.12.010(5): 3 cases
Lee v. Jasman, 332 P.3d 1106 (Wash. Ct. App. 2014). “Two later decisions treat the forfeiture statute as a corollary to RCW 42.12.010, which addresses events creating a vacancy in an elected office.”
Eric Johnson v. Wa State Conservation Comm., 480 P.3d 502 (Wash. Ct. App. 2021).
D. Angus Lee v. Jerry Jasman, No. 31519-3 (Wash. Ct. App. Aug. 19, 2014).
Wash. Rev. Code § 42.12.010(6): 6 cases
McKee v. Dep't of Corr., 160 Wash. App. 437 (Wash. Ct. App. 2011).
In re Recall of Weyrich, 554 P.3d 1202 (Wash. 2024).
Hart v. Janicki, No. 2:23-cv-00832 (W.D. Wash. Aug. 31, 2023).
Hart v. McDermott, No. 2:23-cv-00503 (W.D. Wash. Aug. 31, 2023).
Hart v. Weyrich, No. 2:23-cv-00884 (W.D. Wash. Aug. 31, 2023).
Wash. Rev. Code § 42.12.010(7): 1 case
Eric Johnson v. Wa State Conservation Comm., 480 P.3d 502 (Wash. Ct. App. 2021).
Wash. Rev. Code § 42.12.010(8): 1 case
Stevens Cnty. ex rel. Tim Rasmussen v. Travelers Sur. & Cas. Co., 507 P.3d 417 (Wash. Ct. App. 2022).
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