Motivated by the fact that Sheldon regularly voted with the Republicans last session (no on stronger car-emission standards, no on stem-cell research, no on anti-discrimination laws to protect gays), State Democratic Party Chair Paul Berendt has now decided to make the complaint against Sheldon--which could remove Sheldon from office--a priority.
"This is a front-burner issue," Berendt says. The complaint, filed by Seattle Democratic busybody David Coffman last week, isn't about Sheldon's votes; instead, it protests that Sheldon--who was elected to the Mason County Commission in 2004--is violating state rules by holding two elected offices at once ["Suspect Senator," Josh Feit, April 28].
"I think there's tremendous substance to Coffman's complaint," Berendt says. "Sheldon represents multiple counties in the state legislature, and the legislature makes decisions as to whether Mason or Kitsap gets money. It's obvious there's a conflict here."
If a court finds that Sheldon's dual offices do constitute a conflict--Coffman is armed with several legal opinions including state Supreme Court rulings--Sheldon would have to vacate his senate seat, and the Ds would get to appoint a replacement for Sheldon, who is, technically, a Democrat. (The incompatible offices rule holds that once you take the oath for the second office, you de facto vacate the original office.) Berendt, who complains that Sheldon "cut radio ads for George Bush and Dino Rossi," says, "We're not going to drop this."
Berendt acknowledges that he doesn't have standing to request an opinion from the attorney general's office, something that would push the issue to the courts; but adds that any Democratic commissioner--say, a King County Democrat--could do so.
Historically, the AG's office has taken the issue seriously. In a 1973 opinion, the office wrote: "That [state law]… incorporates the common-law doctrine of incompatible offices has been recognized by the state supreme court [and] by this office in numerous opinions…"
Sheldon, however, told The Stranger he doesn't foresee any conflicts between his two offices. "I don't think this is an issue at all."
