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SB 5245

Concerning the oath of office for members of the state legislature.

2025-2026 Regular Session Introduced by Deb Krishnadasan and 4 co-sponsors

Authorizes county commissioners to administer the Washington legislature’s oath of office, clarifying who can swear in lawmakers and require filing with the Secretary of State.

Effective date 7/27/2025.
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Bill Summary · SB 5245

Bill summary — SB 5245 (Chapter 186, 2025 Laws)

Concerning the oath of office for members of the state legislature — authorizing county commissioners to administer oaths of office to state legislators.

Purpose

SB 5245 clarifies and explicitly authorizes certain local and judicial officers — including county commissioners — to administer the constitutional and statutorily required oath of office to elected and appointed members of the Washington State Legislature. The bill removes ambiguity about who may lawfully swear in legislators, particularly when judges are unavailable.

Key provisions

  • Adds a new section to chapter 44.04 RCW specifying:
    • The exact oath/affirmation legislators must take before entering duties:
      "I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution and laws of the State of Washington, and that I will faithfully and impartially discharge the duties of the office of (senator or representative) of the State of Washington to the best of my ability."
    • The oath may be administered by any person authorized to administer oaths; the administering person must affix a certificate and the certified oath must be filed with the Secretary of State.
    • Enumerates eligible oath administrators: (a) court commissioners; (b) judicial officers; (c) courts, judges, clerks, state‑certified court reporters, or notaries public; and (d) county councilmembers and county commissioners (via RCW 36.32.120).
  • Amends RCW 29A.04.133 (definition of a "qualified" election winner) to reference the new oath requirements for qualification.
  • Amends RCW 36.32.120 to explicitly state that county legislative authorities (commissioners) have the power to administer oaths of office to state legislators (adding to their existing authority to administer oaths necessary to their duties).

Who is affected / practical impact

  • Elected and appointed state senators and representatives: provides clarity on who can administer their oath and the process for filing the certified oath with the Secretary of State.
  • County commissioners and county councilmembers: are expressly authorized to administer legislative oaths, reducing uncertainty when local swearing‑in is needed.
  • Secretary of State’s office: receives and files certified oaths as now specified.
  • Minor procedural/admin impact only; no appropriation or fiscal note was requested.

Background and rationale

  • Washington law and U.S. Constitution require legislators to take an oath. Historically judges or other officers commonly administer the oath, but precedent and practice left ambiguity about county commissioners’ authority. Testimony noted situations where appointees were sworn by commissioners then required to be sworn again by a judge. The bill resolves that ambiguity.

Timeline and procedural status

  • Introduced: 01/14/2025
  • Senate passed (1st substitute): 03/12/2025 — yeas 43, nays 4
  • House passed: 04/14/2025 — yeas 96, nays 0
  • Delivered to Governor: 04/22/2025
  • Governor signed / Chapter 186: 04/30/2025
  • Effective date: 07/27/2025 (90 days after adjournment)

Fiscal/Other notes

  • No appropriation; fiscal note not requested.
  • Supporters: bill sponsors and Washington State Association of Counties. No recorded opposition during hearings.

Compiled from official sources — confirm details with the bill’s official record.

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