Committee approves sheriff‑succession amendment after sheriff and commissioners reach agreement

Sheriff Todd Brackett told the committee that a strike-and-replace amendment—drafted in consultation with county commissioners—clarifies chief deputy duties and nomination procedures when the office of sheriff is vacant. Brackett said the change was intended to "clarify" existing statute and to ensure that the chief deputy who is acting in the role be considered among nominees forwarded to the governor when legally qualified and of the same political party where that requirement applies.

Committee members pressed on three technical points: whether removing a separate qualification line for chief deputies would alter existing statutory requirements; whether the term "acting sheriff" raises constitutional tenure issues (Article 9, sec. 10); and how nomination committees and partisan rules intersect with the proposed language. Legislative staff flagged a potential technical concern about introducing the expression "acting sheriff" and suggested using existing chief-deputy language instead for constitutional prudence.

Representative Randall Greenwood moved the committee should find LD 1741 "ought to pass as amended" (strike‑and‑replace); the motion carried unanimously (9 members present). Members instructed language review to address the acting‑sheriff wording and asked staff to consult with the attorney general on any constitutional questions identified.