OLYMPIA — An initiative that would limit the Legislature’s ability to raise taxes will appear on the November ballot, after the Washington Supreme Court on Friday refused to block it, as a lawsuit against the measure had sought.
The court said an opinion explaining the court’s reasoning would come later, but wrote that the group that had sued had “not made the clear showing necessary for injunctive relief.”
However, the court wrote that it would retain the appeal for a later decision on its merits. Initiative 1366 would decrease the 6.5-percent state sales tax to 5.5 percent unless the Legislature puts a constitutional amendment before voters that would reinstate a two-thirds legislative majority to raise taxes.
The state Office of Financial Management estimated that I-1366 would reduce revenue to the state budget by $8 billion through the middle of 2021, if its tax-cut element becomes law. A lawsuit seeking to block the measure was filed by opponents who said the measure would essentially change the state constitution and was beyond the scope of Washington’s initiative law.
I-1366 proponent Tim Eyman said that opponents of the measure “don’t trust the voters and believe the people aren’t smart enough to understand our measure.”
“We trust the citizens to make this decision and we’re confident the people “get” why I-1366 is necessary,” Eyman wrote in an email. “It’s all about protecting the taxpayers from Olympia’s insatiable tax appetite.”
In a statement, Secretary of State Kim Wyman noted she has taken no position on the measure or whether it is constitutional, but wrote “we are pleased that the court is not preventing a vote on it.”
“Our office supports the constitutional right of Washington citizens to propose and vote on initiatives,” Wyman wrote. “This form of ‘direct democracy’ has been a cherished right of voters here for over 100 years. Today’s ruling reaffirms that right.”
Last month, a King County judge said that while the initiative appears to exceed the scope of the initiative process, it was unclear whether free speech protections in the state and federal constitutions would preclude a pre-election challenge of the measure, and that the Supreme Court would have to make that determination.
Previous voter-approved initiatives required a supermajority vote on taxes, but the state Supreme Court struck that requirement down in 2013, saying it was unconstitutional.
Democratic Sen. David Frockt, a plaintiff in the lawsuit, said that while he thought the case against blocking the measure was strong, he wasn’t that surprised by the court’s decision. He said the fact that the court held onto jurisdiction in the case indicated they want to take a closer look.
“I think the biggest thing is we want is to put a spotlight on how bad this initiative is,” he said. “If the voters reject it, which I hope they will, it will be a moot case. But if not, I imagine there will be a challenge heading into the next legislative session.”
Talk to us
> Give us your news tips.
> Send us a letter to the editor.
> More Herald contact information.
