Filed August 21, 2026 · No ruling yet
The Legal Challenge to C-53
Sonntag, Joseph & Rogge v. Pierce County — Superior Court of Washington, Thurston County
Case at a glance
- Filed
- August 21, 2026
- Court
- Thurston County Superior Court
- Petitioners
- Brian Sonntag, Jeff Joseph, Hollie Rogge
- Respondent
- Pierce County
- Counsel
- Joan K. Mell, III Branches Law, PLLC
- Relief sought
- Void Amendment 53 and enjoin Pierce County from placing it on the November 2026 ballot
- Status
- Filed; no ruling yet
The claims
What the petition argues
Washington requires an elected sheriff
The state Constitution and RCW 36.16.030 require every county to elect its sheriff. A charter county's power is no broader than the state's, so it may shape how the sheriff is elected but may not abolish the election.
Const. art. XI, secs. 4–5; RCW 36.16.030.
A charter amendment can't end a term early
The Constitution lets a county end sitting officials' terms only when a charter is first adopted, not by later amendment. Voters elected a sheriff to serve through January 1, 2029.
Const. art. XI, sec. 4; Pierce County Charter.
Recall is the only mid-term remedy
Washington already gives voters a legal process to remove an official early: recall. There has been no recall and no criminal charge.
Const. art. I, secs. 1, 19, 33; art. XI, sec. 8.
A measure aimed at one person
The petition argues C-53 is an unconstitutional bill of attainder: it targets a single identifiable official for removal over his public statements, with no trial and no due process.
Const. art. I, sec. 23.
Background
The record
- 1852–1980Pierce County voters elect their sheriff directly.
- 1981A new home rule charter makes the office appointed.
- 200666% of Pierce County voters restore the elected sheriff.
- 2024Voters elect Sheriff Keith Swank to a four-year term ending January 1, 2029.
- Feb 18, 2026The Charter Review Commission takes up an appointed-sheriff proposal.
- June 15, 2026The Commission rejects, 11–10, a proposal to delay the effective date until the end of the current sheriff's term.
- Aug 21, 2026Petition filed in Thurston County Superior Court.
Documents
Read the filings
The filings
Petition to Void Charter Amendment 53
22 pages
The core filing: the parties, the factual record, four constitutional causes of action, and the request that the court void C-53 and keep it off the ballot.
Download PDFDeclaration of Brian Sonntag
5 pages
Elected Pierce County Clerk in 1978, who testified against making that office appointed in 1980, on why an official elected by the people can act independently.
Download PDFDeclaration of Jeff Joseph
5 pages
A Republican Precinct Committeeperson on why he voted for a sheriff accountable to voters rather than to the County Executive.
Download PDFDeclaration of Hollie Rogge
4 pages
A member of the Charter Review Commission that sent C-53 forward, and voted against it.
Download PDFExhibits to the Rogge declaration
- Exhibit A — Text of Charter Amendment 535 pagesDownload PDF
- Exhibit B — Charter Review Commission minutes28 pagesDownload PDF
- Exhibit C — Transcripts of the Commission hearings on C-5338 pagesDownload PDF
- Exhibit D — Public comments submitted to the Commission53 pagesDownload PDF
- Exhibit E — The Pierce County Charter60 pages, 8 MBDownload PDF
Documents are provided as filed. Court filings are public record.
This page summarizes a pending court case for public information. It is not legal advice. Vote No on Amendment 53 is not a party to the litigation. No court has ruled on these claims.