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[OLYMPIA | JERRY CORNFIELD]—A recall effort is quietly underway against Washington Gov. Bob Ferguson for failing to fill vacancies on the commission that enforces state campaign finance laws.

The petition to remove Ferguson from office accuses the first-term Democrat of misfeasance and violating his oath of office by not filling two seats on the Public Disclosure Commission within a timeline prescribed in state law. One has been open for nearly all of Ferguson’s term, which began in January last year.

His inaction “constitutes wrongful conduct that affects, interrupts, or interferes with the performance of his official duty,” concludes the petition of Conner Edwards, an attorney known as a prodigious filer of campaign finance complaints.

Edwards said he’s trying to assert pressure on Ferguson to address a situation that could hamstring the commission in the upcoming election season. 

While the recall effort may be a long shot, frustration has also been boiling up among commissioners.

With only three of its allotted five members, all must be present for the citizen panel to have the quorum required to adopt rules, conduct hearings and decide cases. In March, the commission had an information-only meeting due to one member’s absence.

“I am just perplexed by this whole thing,” Edwards said. “If they have no ability to take official actions, that would be a real disaster. That would have a real detrimental effect on our elections in 2026.”

Edwards filed the petition with the secretary of state’s office on April 1 and Ferguson was served the next day.

“Our office has been actively working to fill the vacancies, and will continue to do so,” Brionna Aho, Ferguson’s communications director, said in an email Monday. “We will provide a more detailed response in the response to the petition.”

‘Not getting a lot of traction’

All commission seats were briefly filled at the end of 2024. Commissioner Allen Hayward, then chair, resigned in January 2025 followed by Commissioner Nancy Isserlis’ departure in August. Her term actually ended in December 2024, but, in line with state law, she agreed to stay on until a successor was appointed. That didn’t happen.

As commission staff have worked to keep the matter on the governor’s radar, commissioners have expressed irritation with the lack of response.

At the Feb. 12 meeting, Edwards asked commissioners if they knew what was taking so long.

“For over a year, we have been working hard to get someone appointed,” responded J. Robert Leach, the commission chair. “We don’t have any authority to tell the governor what to do. We don’t have anything other than the power of asking for help.”

Later, Leach noted he would be absent the following month. Left without a quorum, the commission held an informational-only meeting on March 26.

During that session, Commissioner Douglass North asked if there was any update.

Peter Frey Lavallee, the commission’s executive director, said he had a good conversation with Ferguson’s chief of staff and came away understanding that the governor had other priorities during the session. Still, he said, he flagged how the lack of a quorum meant no substantive business could be done by the citizen panel that day.

“Frankly, we are just not getting a lot of traction,” he said. “We hope that will change with the close of the legislative session.”

North responded that it was “certainly understandable” Ferguson is busy in session. “But he had about seven months last year where there wasn’t a legislative session going on, and yet still couldn’t manage to find a basis to appoint anybody, and that is rather disappointing,” he said. “Hopefully, he can do something in the next few months.” 

What’s in the petition

The petition alleges that Ferguson violated his oath of office, an offense defined in state law as “the neglect or knowing failure by an elective public officer to perform faithfully a duty imposed by law.” It also says he committed misfeasance, which is to improperly perform the duties of the job.

A state statute says a governor will appoint new commissioners within 30 days of a seat becoming vacant. Edwards contends Ferguson’s failure to do so is what amounts to misfeasance and violation of his oath.

Edwards emailed the governor’s office March 3 asking why the seats remained unfilled. He said he has not received an answer.

Once the governor responds to the petition, a Thurston County Superior Court judge would determine if the recall is legally sufficient to proceed. If it gains approval, supporters would need to collect upward of 965,000 signatures to get the recall measure before voters to decide.

Edwards said he will try to “walk back” the recall if Ferguson makes appointments soon. He’s not banking on it. 

“It’s just gotten snubbed for months and months and months,” he said. “I just don’t understand it.”

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SOURCE: This article was authored by Jerry Cornfield of the Washington State Standard part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity.