Vacancies in Local Elected Offices

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What is a Vacancy?

A vacancy happens when a local elected official—such a mayor, councilmember, county elected official, commissioner, director, etc.—leaves office before the end of their term.

Vacancies occur for a number of reasons. The agency's governing body must appoint a qualified person to temporarily fill the vacancy until a new election can be held.

Chapter 42.12 RCW spells out the reasons for vacancies and the processes for filling them. (Also see the "Notes" section of that chapter for additional statutory references for specific agency types.)

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What Causes a Vacancy?

A local elected office may become vacant for the following reasons, 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—the primary method being a recall election;
• 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—such as resignations, loss of residency, or unexcused absences—there can be confusion over whether the office has indeed been vacated and when the vacancy took effect.

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Resignations

An elected official can resign—or voluntarily leave office—for any number of reasons.

Does an Elected Official's Resignation Have to Be in Writing?

A resignation may be offered verbally or in writing. However, 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.

When Does an Elected Official's Resignation Take Effect?

If the official specifies a resignation date—such as resigning on December 31—the resignation automatically takes effect at that time.

If the official does not specify a resignation date, 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. See 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 to acknowledge resignations in writing.

Can an Elected Official Withdraw or Modify Their Resignation?

If the official resigned effective immediately, or if the specified resignation date has passed, the official may not withdraw or extend the resignation because they have already vacated the office.

However, if the effective date has not yet arrived, the official still holds office and can rescind their resignation or change the resignation date.

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Loss of Residency

State law requires elected officials to live and be registered to vote 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.)

How is an Elected Official's Residency Determined?

State voter registration laws define "residence" as "a person’s permanent address where he or she physically resides and maintains his or her abode." See 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, it becomes a question of which property the official designates as their primary residence. Their intent can be established by direct or 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 things such as the address used on the official's:

• Voter registration
• Driver’s license
• Tax records
• Children’s school enrollment forms
• Utility bills
• Memberships in public parks and recreation programs

Can An Elected Official Temporarily Live In Another Jurisdiction?

In some cases an official might 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 must find temporary housing while their home is rebuilt.

Each of those events could indicate the official intends to return to the jurisdiction. If so, it might be difficult to prove the official has lost residency.

You could also consider 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.

These scenarios depend heavily on the facts. The longer the official lives outside the jurisdiction, the more difficult it becomes for them to prove intent to return.

What Happens if an Elected Official Moves and Loses Residency?

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 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. See Kilduff v. San Juan County (2019).

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

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Unexcused Absences

Chapter 42.12 RCW does not address absences from public meetings. However, some agencies have specific statutes declaring an office vacant if the official has too many "unexcused" absences.

What is an "Unexcused" Absence for an Elected Official?

The state laws that address unexcused absences for elected officials—see below—do not provide direction on how to define an "excused" versus an "unexcused" absence at a public meeting. This is left up to the local 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.

How Many Unexcused Absences Create a Vacancy?

The number of allowed absences varies by agency type. Below are examples for common local government types; other agency types may have additional statutes not listed here:

Some of these statutes refer specifically to "regular" meetings, in which case missing a special meeting would not count toward the unexcused absences.

What Happens if an Elected Official Has Too Many Unexcused Absences?

Some statutes provide a specific process to declare the position vacant.

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 if an Elected Official Needs an Extended Leave of Absence?

If an elected official has an extended absence or illness, the position might not become permanently vacant.

Some jurisdictions have the 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 home rule charter county probably has the authority to establish a procedure for temporary appointments.

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 always check the specific laws for your district.

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

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When Does a Vacancy Take Effect?

As discussed earlier, 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, is not clear 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 disagrees that the position is vacant, MRSC believes the governing body must take formal action to declare the position vacant and state the basis for the vacancy.

The reason for the vacancy will determine what action to take. For example, since the governing body decides whether an absence is excused, it could make findings that the member has missed the required number of meetings and that the absences were unexcused. 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 (a) proactively file a court case to have the position declared vacant or (b) 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 might 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 vacancy might not take effect until the time for filing a court action has passed.

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How to Fill 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:

• Mayor-council code cities: RCW 35A.12.050
• Council-manager code cities: RCW 35A.13.020
• Second-class cities: RCW 35.23.101
• Towns: RCW 35.27.140

Filling a City/Town Council Vacancy

State law does not require a specific process to follow to fill a city or town council vacancy, other than requiring it to be filled within 90 days. See the section Suggested Process for Filling a Vacancy (below) for more guidance.

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.

Filling a Mayoral Vacancy

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. When the mayor pro-tem fills in, the mayor’s office is still considered vacant and the council must still fill the vacancy. The mayor pro-tem cannot continue to serve indefinitely.

The city or town council must fill a mayoral vacancy in a similar manner as a vacant council seat. The council may appoint anyone who is otherwise eligible to serve as mayor, including current councilmembers. If the council appoints a sitting councilmember, it will create a new vacancy on the council that must be filled.

In council-manager cities, the ceremonial mayor is also a city councilmember. 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.

What Happens if a City/Town Does Not Fill a Vacancy Within 90 Days?

If the city/town council fails to meet the 90-day 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.

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How to Fill 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.

Within 60 days of the date of the vacancy, the board of county commissioners or county council must appoint replacements from a list of three candidates nominated by the county political party to which the former official belonged.

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.

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.

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 Suggested Process for Filling a Vacancy (below) for more guidance.

What Happens if a County Does Not Fill a Vacancy Within 60 Days?

If the county legislative body fails to meet the 60-day deadline, it loses the authority to appoint a replacement, at which point the governor has an additional 30 days to make an appointment from the party list.

What if the Departing Official Did Not Declare 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.

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How to Fill 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:

• Conservation districts: RCW 89.08.200
• Irrigation districts: RCW 87.03.081
• Weed control districts: RCW 17.04.070
• Various diking, drainage, and flood control "special districts": RCW 85.38.070(5)

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 must 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 Suggested 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.

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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.

Can Local Governments Adopt Supplemental Eligibility Criteria?

Some agencies have expressed interest in adopting 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.

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Suggested 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.

Below is MRSC's general guidance and suggestions. Some agencies have adopted their own policies and procedures to follow, so always check your local requirements.

Step 1: Advertise 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 solicit 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. 

Step 2: Interview Candidates (Optional)

The legislative body may—but is not required to—ask for written responses to questions and/or interview candidates. You can find examples of potential questions in some of the application packet examples at the end 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).

Step 3: Evaluate Candidates

When it is time to evaluate the qualifications of the candidate(s), the governing body may do so in executive session. See 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.

Step 4: Vote on Candidates

The appointment itself must be made during an open public meeting, at which time the appointee must be confirmed by a majority vote of the legislative body.

If there is a tie vote, the mayor in a mayor-council city can vote to break the tie. For other agencies, a tie means the legislative body has to try again to obtain a majority vote. If the agency is unable to decide on a candidate within the timeframe required by law—90 days for cities, towns, and special purpose districts and 60 days for counties—the appointment decision may go to the county or the governor, as appropriate.

Can a Councilmember or Commissioner Vote for Themselves to Fill a Vacancy?

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.

Can the Legislative Body Fill an Upcoming Vacancy Before the Current Officeholder Has Left?

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 example, 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.

Is Applicants' Information Subject to Public Disclosure?

Yes, 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.

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How Does the Appointee Assume Office?

Once the governing body has voted to appoint a person to the vacant position, the appointee must do several things:

Step 1: Post Official Bond (If Required) and Take Oath of Office

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.

Step 2: File Financial Disclosures (If Required)

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.

To see which officials are required to file the F-1 and which officials are exempt, see the PDC webpage on Who Files the F-1 Report.

Any appointee who is required to file an initial F-1 report also must file annual F-1 reports during their time in office, just like an elected official.

Step 3: Complete Required Training

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.

For appointees serving on a governing body such as city council or a board of commissioners, the appointee also must complete training on the Open Public Meetings Act (OPMA) within 90 days of assuming office. See RCW 42.30.205.

Certain appointees may be required to take additional specialized trainings. For example:

• 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).
• 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.

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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 depends 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.

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.

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

Let's 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 (6-Year Scheduled Term)

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

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.

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

Let's 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.

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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

• Pierce County Code Sec. 1.28.180 – Home rule charter county with a combination of partisan and non-partisan offices.

Special Purpose Districts

• Eastside Fire & Rescue (Camas) Policy Manual (2020) – See Section 5, Vacancies. 
• Garfield County Public Hospital District No. 1 Bylaws (2020) – See Article II (Board Members)
• King County Water District No. 90 Commissioner Handbook (2021) – Includes the resolution approving the handbook and rules of procedure. 
• Lake Whatcom Water and Sewer District Commissioner Protocol Manual (2019) – See:
  • Section 2.05 – Resignation of a Commissioner
  • Section 6.09 – Board Attendance Policy
• Port of Seattle Commission Bylaws (2025) – See Section II.6 (Vacancy in Office).

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Examples of Vacancy Announcements & Application Forms

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

Cities and Towns

• Bonney Lake City Council Application Form (2020) – Packet includes overview of eligibility requirements, duties, and compensation; written questions; and verbal interview questions.
• Oak Harbor City Council Application Form (2022) – Packet includes application form, summary of city council duties and compensation, and verbal interview questions.
• Shoreline City Council Application Form (2019) – Packet includes overview of city council and appointment process as well as written questions for applicants to answer.
• Spokane City Council Application Form (2025) – Includes written questions for applicants.

Special Purpose Districts

• East County Fire & Rescue (Camas) Fire Commissioner Application Form (2024) – Application pursuant to the provisions of RCW 52.14.050 and chapter 42.12 RCW.
• King County Fire District No. 43 Fire Commissioner Application Form (2021) – Simple one-page application form.
• King County Fire District No. 37 Fire Commissioner Application Form (2025) – Includes a nomination from the Board of Commissioners and a call for nominations from the public. 
• Klickitat Valley Health Commissioner Vacancy Announcement (2023) – Identifies three nominated candidates under RCW 42.12.080; additional interested applicants must submit resume and attached application form. Also includes district boundary map and commissioner job description.
• Lake Whatcom Water and Sewer District Commissioner Vacancy Announcement (2019) – Instructs applicants to submit letter and resume; includes district map and information sheet describing commissioner responsibilities and compensation.
• Lincoln County Public Hospital District No. 3 Commissioner Vacancy Announcement (2021) – Provides instructions for applicants; includes appointment timeline and criteria that board members will use to evaluate candidates.
• North Kitsap Fire & Rescue Commissioner Vacancy Announcement (2024) – Identifies two nominated candidates under RCW 42.12.080; other interested applicants must submit cover letter and resume. Includes list of required and preferred qualifications.
• Port of Allyn Commissioner Vacancy Application Packet (2021) – Includes a timeline for filling the vacancy and submission requirements to considered for the position. 
• Port of Camas-Washougal Port Commissioner Application Form (2017) – District-based vacancy; includes overview of eligibility, duties, and compensation, as well as supplemental written questions.
• Port of Woodland Commissioner Vacancy Application Packet (2025) – Includes a timeline for filling the vacancy and submission requirements to considered for the position. 
• Snohomish County Fire District No. 5 Fire Commissioner Application Packet (2025) – Includes information about commissioner compensation and benefits. 
• Spokane County Fire District No. 10 Fire Commissioner Application Packet (2024) – Includes information about commissioner terms, elections, qualifications, and compensation.