Judge rules Eyman’s tax-cut ballot measure unconstitutional

SEATTLE — A judge struck down Tim Eyman’s latest tax-limiting measure Thursday, finding among other problems that it was a thinly disguised effort to propose a constitutional amendment — which can’t be done by initiative in Washington.

The decision from King County Superior Court Judge William Downing was an overwhelming win for Eyman’s opponents, who prevailed on their major arguments, but it’s certain to prompt an appeal to the state Supreme Court.

Voters last fall narrowly approved Initiative 1366, which would cut the sales tax by 1 percentage point, beginning in April, unless lawmakers allow a public vote on an amendment that would require a two-thirds supermajority in the Legislature for future tax increases. The sales tax cut would be a drastic hit to state revenue, costing an estimated $8 billion through the middle of 2021 at a time when lawmakers are struggling to boost spending on education and mental health.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

“It is solely the province of the legislative branch of our representative government to ‘propose’ an amendment to the state constitution,” Downing wrote. “That process is derailed by the pressure-wielding mechanism in this initiative which exceeds the scope of initiative power.”

The lawsuit was brought by a group of taxpayers, two Democratic lawmakers and the League of Women Voters of Washington, who argued that constitutional amendments can’t be proposed by initiative and the measure violates the rule that initiatives be limited to a single subject. The judge agreed on both points and found that the measure would “deprive legislators, individually and collectively, of their rights and duties.”

For example, he said, lawmakers would not be allowed to consider the specific terms of a constitutional amendment, or change the two-thirds requirement to, say, a 60 percent supermajority for tax increases.

Gov. Jay Inslee said he appreciated the quick ruling and said the decision will allow lawmakers to focus on the tasks at hand. Democratic Sen. Reuven Carlyle, a plaintiff in the lawsuit, said that the ruling “respects the integrity of the Constitution and it puts that integrity above any partisan politics, any one issue or any personality.”

“Protecting the integrity of the Constitution matters. It’s not always popular, but it matters,” he said.

During a hearing on Tuesday, an attorney for the state, which is defending the voter-approved law, argued that the main thrust of the measure was the sales tax reduction. Because lawmakers were not required to take any further action, the initiative was legitimate, she argued.

But Downing found that there was no way to know whether either measure — the request for a two-thirds constitutional amendment or the sales tax reduction — would have passed standing alone. The Constitution’s prohibition on having two subjects in a single initiative is designed “to ensure that enacted legislation has won approval on its own merits and not those of some other thoroughbred to which its wagon may be hitched.”

Eyman was testifying before a Senate panel already considering a two-thirds constitutional amendment when he received a text from his lawyer with the news.

“We just got a ruling,” he told the panel. “Real time text from my attorney, who says so eloquently, ‘We lose.”’

Eyman said: “We obviously disagree with the judge and his decision. but it does not change what the voters decided and I would certainly encourage this Legislature to move forward with it as it goes upward to the Supreme Court.”

Eyman, a longtime anti-tax activist, has previously sponsored initiatives requiring a supermajority vote on taxes. The state Supreme Court struck down that requirement in 2013, saying it was unconstitutional. Eyman has filed another initiative to limit tax increases to one year unless they’re approved by voters.

Opponents sued last summer in an effort to keep I-1366 from going on the ballot in the first place. The Supreme Court declined to block it, however, saying its legality was unclear and could be sorted out after the election.

Sen. Pam Roach, R-Auburn, is the primary sponsor of the two-thirds constitutional amendment and chairwoman of the committee where the proposed amendment was heard Thursday.

“What a slap in the face to voters,” she said after the hearing. “‘You are not capable of deciding what goes in your Constitution’ — that was the message that was just given by the judge.”

Roach said she expects her joint resolution to reach the Senate floor for a vote.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Jennifer Humelo, right, hugs Art Cass outside of Full Life Care Snohomish County on Wednesday, May 28, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
‘I’ll lose everything’: Snohomish County’s only adult day health center to close

Full Life Care in Everett, which supports adults with disabilities, will shut its doors July 19 due to state funding challenges.

(City of Everett)
Everett’s possible new stadium has a possible price tag

City staff said a stadium could be built for $82 million, lower than previous estimates. Bonds and private investment would pay for most of it.

The Edmonds City Council gathers to discuss annexing into South County Fire on Tuesday, Dec. 3, 2024 in Edmonds, Washington. (Olivia Vanni / The Herald)
Community group presents vision for Edmonds’ fiscal future

Members from Keep Edmonds Vibrant suggested the council focus on revenue generation and a levy lid lift to address its budget crisis.

The age of bridge 503 that spans Swamp Creek can be seen in its timber supports and metal pipes on Wednesday, May 15, 2024, in Lynnwood, Washington. The bridge is set to be replaced by the county in 2025. (Ryan Berry / The Herald)
Snohomish County report: 10 bridges set for repairs, replacement

An annual report the county released May 22 details the condition of local bridges and future maintenance they may require.

People listen as the Marysville School Board votes to close an elementary and a middle school in the 2025-26 school year while reconfiguring the district’s elementary schools to a K-6 model on Wednesday, Jan. 22, 2025 in Marysville, Washington. (Olivia Vanni / The Herald)
Marysville schools audit shows some improvement

Even though the district still faces serious financial problems, the findings are a positive change over last year, auditors said.

Outside of the Madrona School on Monday, Aug. 26, 2024 in Edmonds, Washington. (Olivia Vanni / The Herald)
Sewer district notifies Edmonds schools of intent to sue

The letter of intent alleges the school district has failed to address long-standing “water pollution issues” at Madrona K-8 School.

Cars drive along Cathcart Way next to the site of the proposed Eastview Village development that borders Little Cedars Elementary on Wednesday, May 7, 2025 in unincorporated Snohomish, Washington. (Olivia Vanni / The Herald)
Former engineer: Snohomish County rushed plans for Eastview development

David Irwin cited red flags from the developers. After he resigned, the county approved the development that’s now stalled with an appeal

Edie Carroll trims plants at Baker's Acres Nursery during Sorticulture on Friday, June 6, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Sorticulture, Everett’s garden festival, is in full swing

The festival will go through Sunday evening and has over 120 local and regional vendors.

Students attending Camp Killoqua next week pose with Olivia Park Elementary staff on Friday, June 6 near Everett. Top, from left: Stacy Goody, Cecilia Stewart and Lynne Peters. Bottom, from left: Shaker Alfaly, Jenna Alfaly and Diana Peralta. (Will Geschke / The Herald)
A school needed chaperones for an outdoor camp. Everett cops stepped up.

An Olivia Park Elementary trip to Camp Killoqua would have been canceled if not for four police officers who will help chaperone.

Cascadia College Earth and Environmental Sciences Professor Midori Sakura looks in the surrounding trees for wildlife at the North Creek Wetlands on Wednesday, June 4, 2025 in Bothell, Washington. (Olivia Vanni / The Herald)
Cascadia College ecology students teach about the importance of wetlands

To wrap up the term, students took family and friends on a guided tour of the North Creek wetlands.

Everett’s minimum wage goes up on July 1. Here’s what to know.

Voters approved the increase as part of a ballot measure in the November election.

Logo for news use featuring Snohomish County, Washington. 220118
State declares drought emergency for parts of Snohomish County

Everett and the southwest part of the county are still under a drought advisory, but city Public Works say water outlooks are good.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.