Counties fed up with unfunded mandates may sue the state

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.


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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.

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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.

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