Counties fed up with unfunded mandates may sue the state

For example, no money has been provided to install, maintain and clear out required ballot boxes.

A King County voter uses a ballot drop box. (King County Elections)

A King County voter uses a ballot drop box. (King County Elections)

OLYMPIA — Elected leaders of Washington’s 39 counties are fed up with lawmakers and governors telling them what to do without providing enough money to do it.

Now those leading the counties may sue those leading the state to make them stop.

The Washington State Association of Counties is amassing $400,000 to use in 2018 for this effort. It will come from a special assessment approved last month by county representatives guiding the organization. The money will come out of the budgets of each county.

Of the total, a quarter is earmarked for a stepped-up campaign of communicating their concerns to lawmakers in the upcoming 60-day legislative session. The rest is reserved for hiring an attorney and undertaking legal action as a way to get lawmakers’ attention.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

County leaders think suing may create a different dynamic that will get lawmakers to hear them better, said Josh Weiss, legislative director and general counsel for the county association.

“It is a last resort. We want to make our case very well known first,” he said.

The frustration stems from the penchant of legislators to pass laws that require county governments provide a certain service or program but not sending along enough moolah to carry it out. Governors are complicit by signing the laws.

In the vernacular of government, these are known as unfunded mandates. In offices of county council members, they call them unfair and sometimes a few other unprintable names.

This discontent isn’t new. Counties have been expressing concern with passage of unfunded or underfunded mandates back to the state’s earliest days.

The problem is more pronounced these past couple years as the economy generates billions of extra dollars for the state’s coffers while still not producing enough new revenue for counties to keep up with their rising costs.

At a November legislative hearing on this topic, Lewis County officials provided the state House Local Government Committee with 19 pages of state-prescribed mandates of which the majority are paid for with local rather than state dollars.

Kitsap County officials, in the same hearing, estimated they wind up paying 82 percent of the cost of the mandates which worked out to about $6.5 million in the current budget year.

For most counties, the single largest underfunded mandate is providing a public defender or other attorney to represent the individuals the court deems to be indigent. This typically adds up to millions of dollars in even the smaller counties.

One of the newest mandates involves ballot drop boxes.

Originally considered a convenience for voters, ballot drop boxes are now a mandated piece of voting equipment per a 2017 state law. That same law not only means more boxes in heavily populated areas, it also means putting them in every town with a post office regardless of size or number of registered voters.

This will mean a lot more boxes get put in a lot more places. But the Legislature and Gov. Jay Inslee didn’t provide counties with the money needed to install, maintain and, during elections, pay staff to clear them out.

Snohomish County Councilmembers decided last week to file a damage claim with the state to recoup its anticipated costs. That move lays the foundation for a possible lawsuit to compel the state to ante up. Other counties may follow and this may wind up as a component of the broader legal action envisioned by the county association, Weiss said.

But Snohomish County Councilmembers, and for that matter elected leaders in the other 38 counties, will ultimately need to convince residents it is the right thing to engage a lawyer at this point.

It won’t be an easy hurdle. If counties sue the state, whether on drop boxes or indigent defense, it means taxpayers are suing themselves since they will be bearing the cost of both sides’ legal fight.

County leaders are “very sympathetic to that and know it makes the case harder to sell” to the public,” Weiss said. “We are not pulling the trigger yet.”

They are only loading up their legal ammunition.

Jerry Cornfield: 360-352-8623; jcornfield@heraldnet.com. Twitter: @dospueblos.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Edmonds Mayor Mike Rosen goes through an informational slideshow about the current budget situation in Edmonds during a roundtable event at the Edmonds Waterfront Center on Monday, April 7, 2025 in Edmonds, Washington. (Olivia Vanni / The Herald)
Edmonds mayor recommends $19M levy lid lift for November

The city’s biennial budget assumed a $6 million levy lid lift. The final levy amount is up to the City Council.

Community members gather for the dedication of the Oso Landslide Memorial following the ten-year remembrance of the slide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
The Daily Herald garners 6 awards from regional journalism competition

The awards recognize the best in journalism from media outlets across Alaska, Idaho, Montana, Oregon and Washington.

A firefighting helicopter carries a bucket of water from a nearby river to the Bolt Creek Fire on Saturday, Sep. 10, 2022, on U.S. 2 near Index, Washington. (Ryan Berry / The Herald)
How Snohomish County property owners can prepare for wildfire season

Clean your roofs, gutters and flammable material while completing a 5-foot-buffer around your house.

(City of Everett)
Everett’s possible new stadium has a possible price tag

City staff said a stadium could be built for $82 million, lower than previous estimates. Bonds and private investment would pay for most of it.

Jennifer Humelo, right, hugs Art Cass outside of Full Life Care Snohomish County on Wednesday, May 28, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘I’ll lose everything’: Snohomish County’s only adult day health center to close

Full Life Care in Everett, which supports adults with disabilities, will shut its doors July 19 due to state funding challenges.

The age of bridge 503 that spans Swamp Creek can be seen in its timber supports and metal pipes on Wednesday, May 15, 2024, in Lynnwood, Washington. The bridge is set to be replaced by the county in 2025. (Ryan Berry / The Herald)
Snohomish County report: 10 bridges set for repairs, replacement

An annual report the county released May 22 details the condition of local bridges and future maintenance they may require.

The Edmonds City Council gathers to discuss annexing into South County Fire on Tuesday, Dec. 3, 2024 in Edmonds, Washington. (Olivia Vanni / The Herald)
Community group presents vision for Edmonds’ fiscal future

Members from Keep Edmonds Vibrant suggested the council focus on revenue generation and a levy lid lift to address its budget crisis.

Snohomish County Health Department Director Dennis Worsham on Tuesday, June 11, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Snohomish County Health Department director tapped as WA health secretary

Dennis Worsham became the first director of the county health department in January 2023. His last day will be July 3.

Bar manager Faith Britton pours a beer for a customer at the Madison Avenue Pub in Everett. (Olivia Vanni / The Herald)
Burgers, brews and blues: Madison Avenue Pub has it all

Enjoy half-price burgers on Tuesday, prime rib specials and live music at the Everett mainstay.

WSU and Providence partner for Everett fellowship program

Two fellows per year will train at intensive care units in Providence Regional Medical Center Everett starting in 2026.

Ian Terry / The Herald

Rose Freeman (center) and Anastasia Allison play atop Sauk Mountain near Concrete on Thursday, Oct. 5. The pair play violin and piano together at sunrise across the Cascades under the name, The Musical Mountaineers.

Photo taken on 10052017
Adopt A Stream Foundation hosts summer concert on June 14

The concert is part of the nonprofit’s effort to raise $1.5 million for a new Sustainable Ecosystem Lab.

Izaac Escalante-Alvarez unpacks a new milling machine at the new Boeing machinists union’s apprentice training center on Friday, June 6, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Boeing Machinists union training center opens in Everett

The new center aims to give workers an inside track at Boeing jobs.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.