Wash. Rev. Code § 42.12.010
Causes of vacancy
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*** CHANGE IN 2026 *** (SEE 5974-S2.SL) ***
Every elective office shall become vacant on the happening of any of the following events:
(1) The death of the incumbent;
(2) His or her resignation. A vacancy caused by resignation shall be deemed to occur upon the effective date of the resignation;
(3) His or her removal;
(4) Except as provided in RCW * 3.46.067 and 3.50.057, his or her ceasing to be a legally registered voter of the district, county, city, town, or other municipal or quasi municipal corporation from which he or she shall have been elected or appointed, including where applicable the council district, commissioner district, or ward from which he or she shall have been elected or appointed;
(5) His or her conviction of a felony, or of any offense involving a violation of his or her official oath;
(6) His or her refusal or neglect to take his or her oath of office, or to give or renew his or her official bond, or to deposit such oath or bond within the time prescribed by law;
(7) The decision of a competent tribunal declaring void his or her election or appointment; or
(8) Whenever a judgment shall be obtained against that incumbent for breach of the condition of his or her official bond.
Notes:
*Reviser's note: RCW 3.46.067 was repealed by 2008 c 227 s 12, effective July 1, 2008.
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
State Ex Rel. Zempel v. Twitchell (1962)
“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 (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.”
Riddle v. Elofson (2019)
“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 (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.”
In re Recall of Inslee (2019)
“The State explains that RCW 42.12.010 determines when an elective office becomes vacant, and travel is not included.”
Janovich v. Herron (1979)
“RCW 42.12.010. The recall issue then becomes moot.”
Foisy v. Conroy (2000)
“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 (2000)
“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 (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 (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 (1968)
“" 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 (1966)
“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.”
— Wash. Rev. Code § 42.12.010(2) — 1 case
State ex rel. Munroe v. City of Poulsbo (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
— Wash. Rev. Code § 42.12.010(4) — 3 cases
State v. Verharen (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 (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 (2012)
— Wash. Rev. Code § 42.12.010(5) — 3 cases
Lee v. Jasman (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.”
D. Angus Lee v. Jerry Jasman (2014)
— Wash. Rev. Code § 42.12.010(6) — 6 cases
In re Recall of Weyrich (2024)
Hart v. Janicki (2023)
Hart v. McDermott (2023)
Hart v. Weyrich (2023)
— Wash. Rev. Code § 42.12.010(7) — 1 case
— Wash. Rev. Code § 42.12.010(8) — 1 case
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