Tim Eyman (right) quietly talks with Clint Didier during the court session hearing Friday in Seattle on car-tab measure Initiative 976, which Seattle and others are suing to stop. (Steve Ringman/The Seattle Times via AP)

Tim Eyman (right) quietly talks with Clint Didier during the court session hearing Friday in Seattle on car-tab measure Initiative 976, which Seattle and others are suing to stop. (Steve Ringman/The Seattle Times via AP)

Judge weighs challenge to Tim Eyman’s $30 car tab measure

He said he hopes to rule next week on whether I-976 is constitutional.

  • By Wire Service
  • Saturday, February 8, 2020 7:26am
  • Local News

By Gene Johnson / Associated Press

SEATTLE — A King County Superior Court judge who has already temporarily blocked initiative promoter Tim Eyman’s latest $30 car tab measure from taking effect said he hopes to rule next week on whether it’s constitutional.

Judge Marshall Ferguson heard arguments Friday on Initiative 976, which voters approved in November. It caps most taxes paid through annual vehicle registration at $30 and largely revokes state and local authority to add new taxes and fees.

A coalition of cities, King County and Garfield County’s transit agency sued, saying it would eviscerate funds they need to pay for transit and road maintenance. It would cost the state and local governments more than $4 billion in revenue over the next six years, according to the state Office of Financial Management.

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

Seattle said it would have to cut 110,000 bus hours. Garfield County said it would have to halve the transportation services it provides to help seniors and disabled people get to the grocery store, the doctor and other appointments. Another part of the initiative attempts to force Sound Transit to retire or refinance bonds early, which the challengers say would cost the agency at least $521 million.

In late November Ferguson blocked I-976 from taking effect, saying he was concerned that the initiative’s ballot title was misleading because it said the measure would “limit annual motor-vehicle-license fees to $30, except voter-approved charges.”

That suggested that fees approved by local voters for local projects would survive. In reality, only fees approved by voters in the future would be allowed, and the authority of local jurisdictions to seek such measures to begin with would also be curtailed. The challengers argue that that language enticed voters to support it because they were reassured — falsely — that local projects could still be approved.

Ferguson found in November that the challengers were likely to win their case. However, he also cautioned that he had not reached a final decision on its constitutionality.

“We don’t do legislation by trickery, deception or misleading documents,” King County attorney David Hackett told the judge. “There is no will of the voters if you deceive the voters.”

Attorney David Hackett speaks to Judge Marshall Ferguson in King County Court on Friday in Seattle, during the car-tab initiative 976 hearing which the city and others are suing to stop. (Steve Ringman/The Seattle Times via AP)

Attorney David Hackett speaks to Judge Marshall Ferguson in King County Court on Friday in Seattle, during the car-tab initiative 976 hearing which the city and others are suing to stop. (Steve Ringman/The Seattle Times via AP)

The state Attorney General’s office, which defends voter-approved initiatives and other state laws against legal challenges, said the language may have been “inartful,” but that it was not misleading. The ballot description contained enough information to alert voters that they might want to read the actual text of the initiative to learn its full effects, the state said.

Deputy Solicitor General Alan Copsey stressed to the judge that voter-approved initiatives are presumed to be constitutional, and that the challengers carry the burden of proving it is unconstitutional beyond a reasonable doubt before the court can strike it down.

“If there’s a doubt as to how the average reader would read it … then the court cannot find it unconstitutional,” Copsey said. “They have do to more than just say, ‘Well, it could have been read this way.’”

The challengers have raised a host of other arguments against the initiative, including that it contained multiple subjects in violation of the state constitution and that it doesn’t even do the thing it promised — cutting car tabs to $30. In reality, Hackett noted Friday, the cheapest car tabs under the law will be $42.50 due to some remaining fees, such as license plate fees.

It also infringes on city and county rights to “home rule” enshrined in the Constitution, as it curtails the right of local voters to tax themselves for transit or road improvements, the plaintiffs said.

Members of the Washington State Senate Transportation Committee, including chairman Sen. Steve Hobbs, D-Lake Stevens (upper right), listen Feb. 4 during a hearing at the Capitol in Olympia regarding proposed legislation surrounding I-976, an initiative passed by voters that would cut car tab registration fees to $30. (AP Photo/Ted S. Warren)

Members of the Washington State Senate Transportation Committee, including chairman Sen. Steve Hobbs, D-Lake Stevens (upper right), listen Feb. 4 during a hearing at the Capitol in Olympia regarding proposed legislation surrounding I-976, an initiative passed by voters that would cut car tab registration fees to $30. (AP Photo/Ted S. Warren)

The initiative’s sponsor, Eyman, is a longtime antitax initiative promoter who is running for governor. His $30 car tab initiative first passed 20 years ago. It was struck down in court before being enacted by lawmakers. The fees have crept up as lawmakers allowed them and voters in some places approved them.

Eyman also promoted the initiative as a way to undo a car-tab fee hike collected by Sound Transit in the Puget Sound region. Voters approved the increase as part of a light-rail expansion package in 2016 for King, Snohomish and Pierce counties.

The agency uses a method of vehicle valuation that inflates some car values. That led to some drivers experiencing car tab sticker shock after the measure was approved and costs soared, and it prompted support for I-976. One lawsuit over the valuations is before the state’s high court.

I-976 would require the state to use Kelley Blue Book for car valuations. The challengers also take issue with that point, saying it’s unconstitutional to pass a law that favors a specific corporation — Kelley Blue Book, which is based in Irvine, California.

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 summer 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.

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.

Madison Family Shelter Family Support Specialist Dan Blizard talks about one of the pallet homes on Monday, May 19, 2025 in Everett, Washington. (Olivia Vanni / The Herald)
Madison Family Shelter reopens after hiatus

The Pallet shelter village, formerly Faith Family Village, provides housing for up to eight families for 90 days.

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.