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Vacancies in Local Elected Offices

This page provides an overview of council, commission, and executive vacancies for local governments in Washington State—including resignations, unexcused absences, and other causes of vacancies; effective dates; and the process for appointing new officials to fill the remainder of the terms for vacant offices.

Important: Some jurisdictions may have adopted local charters or policies that go beyond the minimum requirements in state law, such as establishing additional causes of vacancy or laying out more detailed procedures for filling the vacancy. Always consult your local procedures.

What this page does not cover: This page does not address judicial vacancies, conservation district vacancies, or vacancies in districts requiring property ownership to vote—such as irrigation districts, diking/drainage districts, or weed control districts—which have their own unique requirements.


Overview

A local elective office—such as the office of mayor, councilmember, county elected official, or special purpose district commissioner—can become vacant for a number of reasons. The reasons for vacancies, and the processes for filling them, are generally spelled out in chapter 42.12 RCW (see the "Notes" section of that chapter for additional statutory references for specific agency types).

The reasons an office may become vacant include the following (all of which are listed in RCW 42.12.010 unless otherwise noted):

  • The death of the incumbent;
  • The incumbent's resignation (discussed in more detail below);
  • Their removal;
  • Their ceasing to be a legally registered voter of the jurisdiction in which they have been elected or appointed (discussed in more detail below);
  • Their conviction of a felony or any offense involving a violation of their official oath;
  • Their refusal or neglect to take the oath of office or give/renew their official bond within the time prescribed by law;
  • The decision of a competent tribunal declaring their election or appointment void;
  • The judgment against the incumbent for breach of the condition of their official bond; and
  • For some jurisdictions, an excessive number of absences (discussed in more detail below). This is not contained in RCW 42.12.010 but is addressed separately in some agency statutes and/or local policies.

Sometimes, the causes and effective dates of a vacancy are clear, like in the case of an official's death. But in many other cases, there can be confusion over whether the office has indeed been vacated and when.


Resignations

An elected official’s resignation may be offered verbally or in writing, although the best practice would be to submit a written letter of resignation to the agency's governing body that includes the effective date of the resignation.

If the official does not specify a resignation date, then the resignation takes effect when it is delivered to the agency. The state court of appeals found that the mere announcement of a resignation meant to be effective immediately—such as a councilmember standing up and shouting "I quit!" during a council meeting—is sufficient to complete the resignation process (State ex rel. Munroe v. Poulsbo (2002)).

The governing body does not have to formally accept the resignation or take any action for it to take effect. But agencies may still want to adopt policies that say they will acknowledge a resignation in writing.

Once the resignation time is reached, the official's departure automatically takes effect. If they resigned effective immediately, they may not withdraw or extend the resignation because they have already vacated the office. However, if the effective date has not yet arrived and the official still holds office, they may rescind or extend their resignation.


Loss of Residency

While technology for connecting from remote places has become widespread, state law still requires elected officials to reside in the jurisdiction they represent.

RCW 42.12.010(4) says an elected position becomes vacant when the official is no longer a legally registered voter of that jurisdiction—or, for those jurisdictions with districts or wards, the district/ward that they represent. (The exception cited in RCW 3.50.057 only applies to municipal court judges.)

State voter registration laws define "residence" as "a person’s permanent address where he or she physically resides and maintains his or her abode" (RCW 29A.04.151). Over time this has been distilled to two tests: (1) the physical location of a residence, and (2) where the official intends their permanent residence to be.

Physical location is usually easy to establish. The official either lives in a rented or owned property in the jurisdiction, or they do not.

If an official owns or rents more than one property, then it becomes a question of which the official designates as their primary residence. Their intent can be established by both direct and indirect evidence. In terms of direct evidence, it is simple enough to ask the official which location they consider to be their permanent residence. For indirect evidence, look at the address the official uses on their voter registration, driver’s license, tax records, children’s school enrollment forms, memberships in public parks and recreation programs, utility bills, and similar documents.

However, in some cases an official may be able to temporarily live outside the jurisdiction without vacating their office. Sometimes an official will temporarily move outside of the jurisdiction for reasons such as military or civil service, divorce, the need to care for a family member, extended work assignments, or inability to find suitable temporary housing in the jurisdiction (such as a councilmember whose house burns down and who must find temporary accommodations while their house is being rebuilt).

Each of those events could indicate that the official intends to return to the jurisdiction in which they serve as an elected official, and if so, it might be difficult to prove that they have lost their residency. These scenarios depend heavily on the facts. Obviously, the longer the official lives outside the jurisdiction, the more difficult it becomes for them to prove intent to return.

Other factors to consider include whether the official continues to perform their duties while they are temporarily living elsewhere—such as attending meetings in-person or by phone/video conference and continuing to engage with constituents and staff. The answers to these questions may inform the agency about the official’s intent.

If an official no longer resides in their jurisdiction (and/or district or ward), they should resign voluntarily. If the official does not resign voluntarily, RCW 7.56.010 provides for an action of quo warranto (literally, "what warrant") that can be filed in the county superior court against any person who "unlawfully" holds public office. This civil action can be filed by any person who has an interest in the office. Since ordinary citizens usually do not have standing to file, the county prosecuting attorney is directed to do so (see RCW 7.56.020), and a person can seek a writ of mandamus, asking the court to order the county prosecuting attorney to take action (Kilduff v. San Juan County (2019)).

If the court finds that the official no longer resides in the jurisdiction, it can issue an order that the position is vacant.


Unexcused Absences

Chapter 42.12 RCW does not address absences from meetings. However, some public agencies have specific statutes declaring an office vacant if the official has too many "unexcused" absences. Below are examples for common local government types; other agency types may have additional statutes not listed here:

Agency type Office becomes vacant for: RCW
Code city Nonattendance at three consecutive regular meetings, unless excused 35A.12.060 (incorporated into RCW 35A.13.020 for council-manager code cities)
First-class or home rule charter city Consult city charter
Second-class city (applies to councilmembers only) Absence from three consecutive regular meetings without permission 35.23.101
Town (applies to councilmembers only) Absence from three consecutive council meetings without council permission 35.27.140
Non-charter county N/A—we are not aware of any statute that addresses unexcused absences
Home rule charter county Consult county charter
Fire protection district or regional fire authority Absence from three consecutive regularly scheduled meetings, except by permission 52.14.050 (incorporated into RCW 52.26.080(3)(a)(iii) for regional fire authorities)
Port district Nonattendance at commission meetings for 60 days, unless excused 53.12.140
Public hospital district (PHD) Nonattendance at commission meetings for 60 days, unless excused 70.44.045
Public utility district (PUD) Nonattendance at commission meetings for 60 days, unless excused 54.12.010(5)
Water-sewer district Absence from three consecutive scheduled meetings, except by permission 57.12.020

Note that some of the statutes above specifically refer to "regular" meetings, in which case missing a special meeting would not count toward the unexcused absences or absences without permission.

Some of these statutes provide for a specific process. In towns, for example, the council declares the position vacant. In water-sewer districts, the board must notify the commissioner in writing that a board member has two consecutive unexcused absences and that the position will be declared vacant if they are absent from the next regularly scheduled meeting without being excused.

What the statutes do not provide, however, is direction on how to define an "excused" versus an "unexcused" absence. This is left to the discretion of the governing body. Most agencies require advance notice to the presiding officer and/or clerk stating the reason for a member’s absence (unless there is an emergency). Some agencies automatically excuse the absence if the member has given advance notice (subject to a motion to not excuse it), while others require a motion and vote to excuse each absence.

If an elected official has an extended absence or illness, the position might not become permanently vacant. Some jurisdictions have the statutory authority to appoint someone to temporarily fill in for the absent member. RCW 35A.12.065 allows this for councilmembers in code cities, but towns do not have the same authority under chapter 35.27 RCW. There is no authority in chapter 36.32 RCW for county commissioners, but a charter (home rule) county probably has the authority to establish a procedure allowing for a temporary appointment. Most of the statutes related to special purpose districts refer to chapter 42.12 RCW on vacancies and do not appear to allow for temporary appointments, but be sure to double-check the specific enabling statute for your district.

Some jurisdictions have adopted policies providing for extended leaves of absence for elected officials. Examples of local policies regarding absences and leaves of absence can be found at the end of this page.


Other Causes of Vacancy

While failure to take the oath of office or give official bond is grounds for creating a vacancy, MRSC is not aware of any instance where it has happened. Agencies pay for the bond (RCW 48.28.040). One question that we have been asked is whether the official must have a separate bond or if the agency’s insurance policy is sufficient. MRSC has previously advised that while an agency’s general insurance may meet the requirements for fidelity bonds, only the State Auditor’s Office can decide whether your insurance coverage will meet the official bond requirement.

Recall is the primary method by which elected officials can be removed from office against their will. The process for recall is set forth in RCW 29A.56.110-.270. Voters can petition to remove an elected official(s) for malfeasance, misfeasance, or violation of the oath of office. The recall process is typically complex, involving significant time and expense. State law requires court review, signature gathering, and an election if the petition is deemed by the courts to be sufficient.

Local elected officials may also be removed from office if they are convicted of felonies or offenses involving violations of their official oaths, declarations of their election or appointment void, or breaches of their official bonds.


Effective Date of the Vacancy

As discussed earlier, voluntary resignations take effect on the date selected by the official or, if no date is specified, immediately when the resignation is delivered to the agency.

Beyond that, there does not appear to be clear law on whether an elected position automatically becomes vacant if one or more of the statutory conditions are met, or if the agency must take action to have the position declared vacant. If the incumbent does not agree that the position is vacant, MRSC believes that the governing body needs to take formal action to declare the position vacant and state the basis for the vacancy.

The reason for the vacancy will dictate the action that will need to take place. For example, since the governing body decides whether an absence is excused, it could make findings about whether the member has missed the required number of meetings and if those absences were excused. The governing body could then declare the position to be vacant or seek a court order in a quo warranto lawsuit.

Some of the reasons for disqualification may involve disputed facts, such as a change in residency or whether the official has breached a condition of their official bond. In those cases, the local government may want to file a quo warranto action and have a court decide.

One tactical question for a local government to consider is whether to proactively file a court case to have the position declared vacant or to adopt a motion declaring the position vacant, which would require the incumbent to go to court to overturn that declaration. An agency should discuss available options with its attorney and risk manager.

For those reasons based on court orders, the vacancy is probably effective on the date the court enters the order declaring the position vacant, unless otherwise specified in the court order. However, such a court order may not be effective until all appeals have been exhausted.

In cases where the legislative body declares the vacancy, such as when a member has a certain number of unexcused absences, the vacancy is probably effective when the vote is taken. Again, because this vote is subject to a court action, it is possible that the effective date is after the time for filing a court action has passed.


Filling a City or Town Vacancy

For all cities and towns other than first class or charter code cities, the city/town council must appoint a qualified replacement within 90 days of the vacancy. See RCW 42.12.070 generally; also see RCW 35A.12.050 for mayor-council code cities, RCW 35A.13.020 for council-manager code cities, RCW 35.23.101 for second-class cities, and RCW 35.27.140 for towns.

If the city/town council fails to meet this deadline, it loses the authority to appoint a replacement, at which point the county legislative authority (board of county commissioners or county council) has an additional 90 days to make the appointment. If the county legislative authority does not make an appointment within 180 days of the vacancy, the city/town council, or the county legislative authority may petition the governor to make the appointment.

If there are multiple vacancies to fill, one position is filled first and then, with that added appointee, a vote is taken to fill the next vacant position, and so forth. If, due to vacancies, there is only one councilmember remaining or if all council positions are vacant, the county legislative authority appoints a qualified person or persons until the council has two members who can then begin the appointment of the remaining members one at a time. 

Beyond these requirements, state law does not require a specific process to follow. See the section General Process for Filling a Vacancy (below) for more guidance.

Home rule charter cities: There is no statute that specifically applies to vacancies in cities that have adopted home rule charters (mostly first class cities). If the city charter does not provide for a process to fill vacancies, it would be reasonable to follow the process in chapter 42.12 RCW.

Mayoral Vacancies

If the office of mayor in a mayor-council city or town becomes vacant, the mayor pro-tem may fill in for a short time (see RCW 35A.12.065 for code cities, RCW 35.27.160 for towns, and RCW 35.23.191 for second-class cities). However, when the mayor pro-tem fills in, the mayor’s office is still considered vacant, and the council must fill the vacancy. The mayor pro-tem cannot continue to serve indefinitely.

A mayoral vacancy is filled in the same manner as a vacant council seat. Anyone who is otherwise eligible to serve as mayor, including current councilmembers, may be appointed. If the council appoints a sitting councilmember, the new vacancy on the council would then need to be filled.

In council-manager cities, the mayor pro tempore or deputy mayor serves in the absence or temporary disability of the mayor, but only until council appoints a new mayor. The statute does not provide a specific timeline for "temporary," but the timelines in RCW 42.12.070 are a good guide.


Filling a County Vacancy

For partisan offices—all county officials except judicial offices and offices that have been made nonpartisan by home rule charter (RCW 29A.04.110(3))—the process for filling vacancies is set forth in the Washington State Constitution at Article II, Section 15. It requires the county board of commissioners or council to appoint replacements from a list of three candidates nominated by the county political party to which the former official belonged. The board or council has 60 days from the date of vacancy to make the appointment from the list. If they do not, the governor has 30 days to make an appointment from the list.

For partisan county officials other than a member of the legislative authority—the county assessor, auditor, sheriff, etc.—the county legislative body may temporarily appoint an employee who was serving as deputy or assistant in that office as the acting official until the vacancy is filled. See RCW 36.16.115.

Officials without a party affiliation: If a vacant partisan office was previously filled by an independent official who did not declare a party affiliation, the state constitution and applicable statutes do not provide guidance. Counties may want to seek guidance from the Secretary of State or the Attorney General if they find themselves in this situation.

There are two other statutes that address filling vacancies in county offices: RCW 36.16.110 (county officers generally) and RCW 42.12.040 (partisan elective offices).

Beyond these requirements, state law does not require a specific process to follow. See the section General Process for Filling a Vacancy (below) for more guidance.

Home rule charter counties: There is no statutory or constitutional process that specifically applies to vacancies in charter counties. If the county charter does not provide for a process, it would be reasonable to follow the process in chapter 42.12 RCW.

County Executive Vacancies

In non-charter counties, the commissioners exercise executive as well as legislative powers. If one of the commissioner positions is vacant, the remaining commissioners retain their executive authority but may also need to temporarily reassign some of the executive duties of the vacant position.

If a county elected department head position, such as the county prosecutor or auditor, becomes vacant, their deputies can fill in temporarily until the board or council appoints a replacement.

Appointing a sitting councilmember or commissioner to the vacant executive post creates a vacancy in the legislative body which would then need to be filled.


Filling a Special Purpose District Vacancy

Special purpose districts—including but not limited to fire protection districts (FPDs), public port districts, water-sewer districts (WSDs), park and recreation districts, public hospital districts (PHDs), and public utility districts (PUDs)—have separate provisions governing vacancies on their governing boards.

Fire protection districts and regional fire authorities: All "qualifying special purpose districts"—defined as fire protection districts or regional fire authorities with assessed values under $5 billion—must follow the same requirements as cities and towns described earlier (see RCW 42.12.070). For fire protection jurisdictions with larger assessed valuations, see the "All other special purpose districts" requirements below.

Conservation districts and special purpose districts where property ownership is required to vote: Consult your agency's statutes. For example, see RCW 89.08.200 for conservation districts, RCW 87.03.081 for irrigation districts, RCW 17.04.070 for weed control districts, and RCW 85.38.070(5) for various diking, drainage, and flood control "special districts." (Note that chapter 85.38 RCW does not apply to all special purpose districts and only applies to those "special districts" defined in RCW 85.38.010).

All other special purpose districts: For all special purpose districts other than "qualifying" fire districts and districts where property ownership is required to vote, the general requirements are provided in RCW 42.12.080. Also consult your agency’s enabling statutes.

The remaining members of the governing body must:

  • Nominate at least one candidate during a meeting of the governing body;
  • Post notice of the vacancy and the name of the nominee(s) in at least three public places (which may include the district’s website if it has a website) for at least 15 days;
  • Accept nominations from the district’s registered voters during the 15-day notice period;
  • Appoint a qualified person from the list of nominees at a meeting of the governing body after the 15-day notice period is over.

For information on candidate qualifications, interviews (if any), and evaluating and voting on the candidates, see the section General Process for Filling a Vacancy (below) for more guidance.

The governing body must fill a vacancy within 90 days of the vacancy. If the governing body fails to meet this deadline, it loses the authority to appoint a replacement, at which point the county legislative body (board of county commissioners or county council) has an additional 90 days to make the appointment.

If there are multiple vacancies to fill, one position is filled first and then, with that added appointee, the governing body repeats the nomination process, and so on until all of the vacancies have been filled. If, due to vacancies, there is only one member of the governing body remaining or if all positions are vacant, the county legislative authority appoints a qualified person or persons until the governing body has two members who can then begin the appointment of the remaining members.

If the county legislative authority is tasked with making an appointment and does not do so within 180 days of the vacancy, the special purpose district’s governing body or the county legislative authority may petition the governor to make the appointment.


Who Can Apply or Be Nominated to Fill a Vacancy?

To be eligible for appointment, the applicants and nominees must meet the same eligibility requirements as someone elected to that office. These requirements are discussed on our page Running for Local Elected Office. Applicants, nominees, and local governments should also be aware of any potential conflicts of interest (also discussed on that page) and, if an applicant or nominee already holds another government position, the potential for incompatible offices. For more information, see MRSC's page Incompatible Offices

MRSC has been asked if agencies can adopt supplemental eligibility criteria when filling a vacancy. Finding no specific statutory guidance on this, and since it is the governing body's decision whom to appoint, MRSC believes that an agency could adopt additional criteria provided that it does not conflict with state law or discriminate based on a protected class.


General Process for Filling a Vacancy

Although state law addresses certain basic timelines and requirements for filling a vacancy, as discussed earlier, there is little statutory guidance about what process the agency should use to make each appointment. Some agencies have adopted their own policies and procedures to follow, so always check your local requirements.

Important: Any records related to filling vacancies in elective office, including the names of applicants and their application materials, are subject to disclosure under the Public Records Act. While RCW 42.56.250(1)(b) exempts public employment applications from disclosure, this exemption specifically excludes applications for vacancies in elective office.

Advertising the Position

For partisan county offices, the candidates will be nominated by the county political party to which the former official belonged. We suggest that you adopt a process to notify the county political party of the vacancy and remind them of the timelines for appointing someone to fill the vacancy.

For city and town positions, as well as most fire districts and regional fire authorities, state statutes do not require the agency to solicity applicants or place a legal advertisement before considering candidates. However, wide dissemination of the opening—along with a clear statement of eligibility criteria and a deadline to submit applications—will provide for a broader pool of applicants. Consider issuing press releases and publishing the notice on your agency’s website.

Most other special purpose districts must nominate at least one candidate and then post public notice and accept nominations from registered voters as described above. 

Interviewing Candidates

The legislative body may—but is not required to—ask for written responses to questions and/or interview candidates. Examples of potential questions can be found in some of the application packet examples at the bottom of this page.

If the legislative body chooses to interview applicants or nominees, the interviews must take place in open public meetings. The legislative body can ask the candidates to voluntarily leave the room while other candidates are being interviewed, but since it is an open public meeting the other candidates cannot be required to leave (RCW 42.30.030).

Evaluating and Voting on Candidates

When it is time to evaluate the qualifications of the candidate(s), the governing body may do so in executive session (RCW 42.30.110(1)(h)). This allows members of the governing body to freely express their opinions about the qualifications of the applicants without having the applicants or the general public listening to their evaluations.

However, the legislative body must be careful not to take any kind of preliminary vote in executive session, even to narrow the field of candidates or even if the vote is considered a nonbinding straw vote. (See Miller v. City of Tacoma (1999), which pertained to a planning commission appointment but whose reasoning would also apply to an elective office appointment).

The appointment itself must be made during an open session, at which time the appointee must be confirmed by a majority vote of the legislative body. For mayor-council cities, the mayor can vote to break a tie. For other agencies, a tie means the legislative body has to try again to obtain a majority vote, otherwise after 90 days the appointment decision may go to the county (if a city or special purpose district) or the governor.

There is no state law that specifically says a councilmember or commissioner may not vote for themselves to fill a vacancy in another agency office (such as a mayoral or county executive vacancy). However, MRSC believes that it is a best practice for a councilmember or commissioner to abstain from voting for themselves if the new appointment would result in a pay increase, because under Washington’s common-law ethics doctrine the member now has a financial interest in the outcome of the vote.

If the legislative body has advance notice of an upcoming vacancy—such as a resignation that has been announced but has not yet taken effect—the legislative body may begin preparing for the vacancy while the current officeholder is still in office, such as advertising for interested candidates. However, the legislative body may not vote to fill the position until after the vacancy has occurred, because before that time there is technically no vacancy to fill. See AGO 1978 No. 20. For instance, an official who has announced their upcoming resignation could change their mind at the last minute and withdraw the resignation before the effective date.

Similarly, an outgoing member of the legislative body may participate in the vacancy preparation process, such as recruiting candidates or gathering background information, while still in office. However, the outgoing official may not vote on their own replacement because, technically, the vacancy does not exist yet. Once the vacancy has taken effect, the individual no longer sits on the governing body and may no longer vote on such matters. Whether the outgoing member can vote on who to interview while they still hold office (and effectively vote to exclude candidates from the pool) is a gray area and should be reviewed with legal counsel.


Assuming Office

Once the governing body has voted to appoint a person to the vacant position, the appointee must post an official bond (if required by state law or local rules) and take the oath of office in order to officially assume office and begin their duties.

In practice, many local governments purchase blanket fidelity bonds that cover most or all of their employees and officials, rather than purchasing individual surety bonds. The agency will need to confirm whether the new appointee will be covered by a blanket fidelity bond and whether a separate surety bond will be required.

For more details on these topics, see our page on Official Bonds and Oaths of Office.

PDC Financial Disclosures

Within two weeks of assuming office, many officials must file an F-1 personal financial affairs statement with the state Public Disclosure Commission (PDC); for appointments made in December, the statement must be filed between January 1-15. See RCW 29B.55.010. The appointee also must file annual F-1 reports during their time in office, just like any elected official.

Training Requirements

Within 90 days of assuming office, the appointee must take training on the Public Records Act (PRA) (chapter 42.56 RCW) and records retention (chapter 40.14 RCW) ((see RCW 42.56.150) and, for appointees serving on a governing body such as city council or a board of commissioners, training on the Open Public Meetings Act (OPMA) (see RCW 42.30.205).

Certain appointees may be required to take additional specialized trainings—for instance, coroners and medical examiners must have a certificate of completion of medicolegal forensic investigation training within 12 months of being elected or appointed to office (RCW 36.24.205). Similarly, sheriffs must have a certificate of completion of a basic law enforcement training program within 12 months of assuming office (RCW 36.28.025).

Agencies should document all trainings to demonstrate compliance with the relevant state laws.


How Long Will the Appointee Serve?

The appointee will generally serve until a successor is elected at the next general election. How long that is will depend on the timing of the vacancy and whether the office is partisan or nonpartisan, as shown in the examples below, as well as any city/county charter provisions (if applicable).

The subsequent election winner will assume office immediately after the general election results are certified, as soon as they become "qualified" under RCW 29A.04.133. The election winner will then serve the remaining "unexpired" term or "short and full" term.

An "unexpired" term means that the position was not originally scheduled to be on the ballot, but it has been added to the ballot because of the vacancy. The election winner will serve the remainder of the original regular/full term, which means that the unexpired term will be shorter than a regular/full term.

A "short and full" term means that the position was already scheduled to be on the ballot before the vacancy was created, and the winner will technically serve two terms—a "short" term lasting the brief time starting immediately after the election is certified and ending about a month later on December 31, followed by a regular or "full" term starting January 1. See RCW 29A.04.169 and RCW 29A.24.020.

Charter Cities and Counties

First class cities, charter cities, and home rule charter counties will need to consult their charters regarding the timing of the next election to fill the remaining unexpired or short and full terms.

Cities, Towns, and Special Purpose Districts

For nonpartisan vacancies, the appointed official will serve until a qualified person is elected at the next general municipal election at which a governing body seat is usually on the ballot—which is typically the next odd-numbered year for cities and most special purpose districts. Cities, towns, and most special purpose districts are authorized to hold general elections in odd-numbered years under RCW 29A.04.321-.330. Public utility districts (PUDs) typically hold their general elections in even-numbered years.

See RCW 42.12.070(6) for cities, towns, and "qualifying special purpose districts," RCW 42.12.080(7) for other special purpose districts, and generally RCW 29A.52.240 and RCW 29A.24.171.

For example, assume a city councilmember is elected to a regular/full term in November 2025. The councilmember’s term begins January 1, 2026 and is scheduled to end on December 31, 2029, with their position appearing on the ballot again in November 2029.

The next city general elections are scheduled for November 2027 and November 2029. If the councilmember resigns, creating a vacancy, the timing of the resignation will determine how long the appointee serves and when the position appears again on the ballot, as shown below.

Example: Filling a Nonpartisan Vacancy (4-Year Scheduled Term)

Vacancy occurs on or after: But before: Appointee will serve until: Subsequent election winner will:
January 1, 2026 First day of regular candidate filing in 2027 (first Monday in May per RCW 29A.24.050) 2027 general election, when office will appear again on the ballot Assume office immediately after election certification and serve the remaining 2-year "unexpired" term through December 31, 2029
First day of regular candidate filing in 2027 2029 general election 2029 general election, when office was originally scheduled to appear on the ballot Assume office immediately after election certification and serve a 4-year "short and full" term through December 31, 2033
2029 general election January 1, 2030 Consult your agency's legal counsel

For a six-year nonpartisan term, as some special purpose district officials have, similar principles apply, as shown in the example below. Note that the timing would be different for PUDs since their elections typically occur in even-numbered years.

Example: Filling a Nonpartisan Vacancy (6-Year Scheduled Term)

Vacancy occurs on or after: But before: Appointee will serve until: Subsequent election winner will:
January 1, 2026 First day of regular candidate filing in 2027 (first Monday in May per RCW 29A.24.050) 2027 general election, when office will appear again on the ballot Assume office immediately after election certification and serve the remaining 4-year "unexpired" term through December 31, 2031
First day of regular candidate filing in 2027 First day of regular candidate filing in 2029 2029 general election, when office will appear again on the ballot Assume office immediately after election certification and serve the remaining 2-year "unexpired" term through December 31, 2031
First day of regular candidate filing in 2029 2031 general election 2031 general election, when office was originally scheduled to appear on the ballot Assume office immediately after election certification and serve a 6-year "short and full" term through December 31, 2037
2031 general election January 1, 2032 Consult your agency's legal counsel

County Partisan Vacancies

For partisan vacancies, the appointed official will serve until a qualified person is elected at the next general election, regardless of whether county positions normally appear on the ballot at that election.

Non-charter county elections are typically held in even-numbered years, but depending on the timing of the vacancy, the county may be required to hold an election to fill the remaining unexpired term in an odd-numbered year.

Article II, section 15 of the state constitution says that the person appointed to fill a partisan county vacancy "shall hold office until his or her successor is elected at the next general election, and has qualified" [emphasis added]. Unlike nonpartisan vacancies, there is no language to indicate that the election is held at the next election when a governing body seat is usually on the ballot.

RCW 29A.04.321(1) specifically states that odd-year elections may be used for "the election of state and county officers for the remainder of any unexpired terms of officers created in or whose duties are described in Article II, section 15..." Also see AGLO 1973 No. 69, which concludes that depending on the timing of a vacancy, counties may be required to hold odd-year elections to fill the remaining unexpired term. This AGLO is based on older statutes but relies on statutory language that is very similar to the current RCW 29A.04.321.

Also see RCW 42.12.040, RCW 36.16.110, and RCW 29A.24.171.

For example, assume a county commissioner for a non-charter county is elected to a regular/full term in November 2024. The commissioner’s term begins January 1, 2025 and is scheduled to end on December 31, 2028, with the position appearing on the ballot again in November 2028.

The next county general elections are scheduled for November 2026 and November 2028. If the county commissioner resigns, creating a vacancy, the timing of the resignation will determine how long the appointee serves and when the position appears again on the ballot, as shown below, and could require the county to hold an odd-year general election that was not previously scheduled.

Example: Filling a Partisan County Vacancy (4-Year Scheduled Term)

Vacancy occurs on or after: But before: Appointee will serve until: Subsequent election winner will:
January 1, 2025 First day of regular candidate filing in 2025 (first Monday in May per RCW 29A.24.050) 2025 general election, when office will appear again on the ballot Assume office immediately after election certification and serve the remaining 3-year "unexpired" term through December 31, 2028
First day of regular candidate filing in 2025 First day of regular candidate filing in 2026 2026 general election, when office will appear again on the ballot Assume office immediately after election certification and serve the remaining 2-year "unexpired" term through December 31, 2028
First day of regular candidate filing in 2026 First day of regular candidate filing in 2027 2027 general election, when office will appear again on the ballot Assume office immediately after election certification and serve the remaining 1-year "unexpired" term through December 31, 2028
First day of regular candidate filing in 2027 2028 general election 2028 general election, when office was originally scheduled to be on the ballot Assume office immediately after election certification and serve a 4-year "short and full" term through December 31, 2032
2028 general election January 1, 2029 Consult your agency's legal counsel

Examples of Vacancy Policies and Procedures

Below are selected examples of local policies and procedures related to vacancies in elected office.

Cities and Towns

  • Bothell City Council Protocol Manual (2023) – Council-manager code city; see:
    • Section 2.05 – Election of Officers; addresses permanent vacancies in ceremonial mayor’s office.
    • Section 7.13 – Council Attendance Policy
    • Section 10.01 – Return of Materials and Equipment
    • Section 10.02 – Filling Council Vacancies
  • Issaquah City Council Rules of Procedure (2025) – Mayor-council code city; see:
    • Section 2.03 – Council Vacancy; includes applicant presentations rather than interviews.
    • Section 3.01 – Attendance
  • Lacey City Council Policies-Procedures Manual (2025) – Council-manager code city; see:
    • Section 2.08 – Council Attendance
    • Section 2.09 – Council Vacancy; includes resignation process.
  • Poulsbo City Council Rules of Procedure (2026) – Mayor-council city; see:
    • Section 1.3 – Attendance, Excused Absences
    • Chapter 8 – Filling Council Vacancies and Selecting Deputy Mayor and Alternate Deputy Mayor; includes mayor and councilmember pro tem appointments.
    • Chapter 9 – Filling a Vacancy in the Office of the Mayor
  • Spokane Valley Governance Manual (2025) – Council-manager code city; see:
    • Chapter 1, Section C.5 – Attendance; provides detailed procedures on excused and unexcused absences and allows councilmembers to request leave of absence up to 90 days for serious health or physical conditions.
    • Chapter 2, Section B – Filling Council Vacancies
    • Appendix E – City Interim Council Position Application Form (also see other example application forms below)
  • Vancouver Procedure for Filling City Council Vacancies (2021) – Detailed policy and procedures for first class charter city; still of interest to non-charter cities.

Counties

Special Purpose Districts

Note: Some of the special purpose district examples on this page predate SB 5437 which took effect July 23, 2023 and added requirements including a 15 day vacancy notice period; we will add more recent examples as they become available.


Examples of Vacancy Announcements & Application Forms

Below are selected examples of vacancy announcements, application forms, and supporting materials.

Cities and Towns

Special Purpose Districts

As noted earlier, since 2023, most special purpose districts must nominate at least one candidate at a public meeting and then post notice of the vacancy for at least 15 days under RCW 42.12.080.

The exceptions are "qualifying" fire districts and regional fire authorities which follow the requirements of RCW 42.12.070, and districts where property ownership is required to vote, which must consult their enabling statutes.


Last Modified: March 18, 2026