Governor Jay Inslee smiles and laughs Sept. 3, 2019, during a speech at the Lynnwood Link Extension groundbreaking in Lynnwood. A Thurston County judge ruled he exceeded his authority when he vetoed single sentences in the state transportation budget in 2019. (Olivia Vanni / Herald file)

Governor Jay Inslee smiles and laughs Sept. 3, 2019, during a speech at the Lynnwood Link Extension groundbreaking in Lynnwood. A Thurston County judge ruled he exceeded his authority when he vetoed single sentences in the state transportation budget in 2019. (Olivia Vanni / Herald file)

Lawmakers thought Inslee’s veto went too far; they were right

The governor knew vetoing a single sentence in roads budget was unusual. A judge ruled it wasn’t legal.

OLYMPIA — A Thurston County judge has invalidated Gov. Jay Inslee’s vetoes of single sentences in the transportation budget in 2019, concluding those actions exceeded his authority as the state’s chief executive.

The decision, handed down late last week, is a win for the state Legislature which sued the governor, asserting the two-term Democrat crossed a constitutional line separating his power to veto from their power to legislate.

“We have a system of checks and balances that is vital to the functions of our state and this case was right on the line,” Senate Majority Leader Andy Billig, D-Spokane, said Monday. “I am pleased with the outcome.”

House Minority Leader J.T. Wilcox, R-Yelm, issued a statement Friday when the judicial order was signed.

“We are pleased that the court agreed with the Legislature’s understanding of the governor’s veto power and position on this important separation of powers issue,” he said. “It is helpful for the Legislature to have this legal certainty as it confronts state budget challenges in the weeks and months ahead.”

When Inslee signed the transportation budget in May 2019, he acknowledged there was no precedent for vetoing single sentences in the manner that he did.

Now, he’ll have to decide whether to battle on.

“We appreciate the Court’s review of the complex issues in this case, and we are considering our options,” Inslee spokeswoman Tara Lee said in an email Friday.

The legal fight centered on one sentence which appears at the end of six provisions in the transportation budget pertaining to grant funding for transit services including purchases of buses and vanpools. The bill was passed in April and Inslee issued the vetoes when he signed the budget in May. The Democrat-controlled Legislature filed suit Aug. 29.

In Inslee’s tenure, laws have been passed pushing transit providers, public and private nonprofits, to move from gasoline-powered vehicles to zero-emission vehicles such as ones powered by electricity. State law lists energy efficiency standards as one of the criteria to be considered as part of the grant selection process.

In the 2019-21 budget, lawmakers included the line: “Fuel type may not be a factor in the grant selection process.” They said this would ensure transit agencies who are unable to make the transition to zero-emission vehicles right away can still apply for the roughly $200 million in grants offered through the state’s public transportation program.

That line is what got cut. Inslee argued at the time of the veto that it amended existing law by changing the rules for the grant selection process. He contended the constitution requires such a revision be done with a separate bill and not through the budget.

Thurston County Superior Court Judge Carol Murphy disagreed and invalidated the vetoes.

Governors can veto entire bills, complete sections of bills and individual appropriation items, she noted in her ruling. A governor cannot veto less than a full section unless it can be shown the Legislature acted purposely to circumvent their authority, which it did not do in this case, she said.

Those sentences did not represent substantive legislation nor were they separate appropriations, she decided.

Rep. Andrew Barkis, R-Olympia, ranking Republican on the House Transportation Committee, said he was concerned with the damaging policy changes wrought by the vetoes.

“The language allowed for smaller, rural transit agencies to compete for grants and funding and not be constrained by having fuel type as a requirement,” he said. “This is important for these agencies as they look to deliver critical transit services for their riders.”

Jerry Cornfield: 360-352-8623; jcornfield@herald net.com. Twitter: @dospueblos.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

Olivia Vanni / The Herald 
The Mukilteo Lighthouse. Built in 1906, it’s one of the most iconic landmarks in Snohomish County.
The Mukilteo Lighthouse. Built in 1906, it’s one of the most iconic landmarks in Snohomish County. (Olivia Vanni / The Herald)
Mukilteo mayor vetoes council-approved sales tax

The tax would have helped pay for transportation infrastructure, but was also set to give Mukilteo the highest sales tax rate in the state.

South County Fire plans push-in ceremony for newest fire engine

Anybody who attends will have the opportunity to help push the engine into the station.

Marysville Mayor Jon Nehring gives the state of the city address at the Marysville Civic Center on Wednesday, Jan. 31, 2024, in Marysville, Washington. (Ryan Berry / The Herald)
Marysville council approves interim middle housing law

The council passed the regulations to prevent a state model code from taking effect by default. It expects to approve final rules by October.

x
State audit takes issue with Edmonds COVID grant monitoring

The audit report covered 2023 and is the third since 2020 that found similar issues with COVID-19 recovery grant documentation.

Bothell
Bothell man pleads guilty to sexual abuse of Marysville middle schoolers

The man allegedly sexually assaulted three students in exchange for vapes and edibles in 2022. His sentencing is set for Aug. 29.

Larsen talks proposed Medicaid cuts during Compass Health stop in Everett

Compass Health plans to open its new behavioral health center in August. Nearly all of the nonprofit’s patients rely on Medicaid.

Monroe Mayor Geoffrey Thomas talks to the crowd about the new "Imagine Monroe" city flag and symbol before the ribbon cutting on Monday, July 14, 2025 in Monroe, Washington. (Olivia Vanni / The Herald)
Monroe unveils its new $17M City Hall and municipal court

Mayor Geoffrey Thomas showcased the new campus to residents, local and state officials during a celebration Monday.

Community members gather for the dedication of the Oso Landslide Memorial following the ten-year remembrance of the slide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
The Daily Herald garners 6 awards from regional journalism competition

The awards recognize the best in journalism from media outlets across Alaska, Idaho, Montana, Oregon and Washington.

National Weather Service issues red flag warning for slopes of Cascades

High temperatures, low humidity and winds are combining for critical fire weather conditions, either “imminent or occurring now.”

Photo courtesy of Graphite Arts Center
Amelia DiGiano’s photography is part of the “Seeing Our Planet” exhibit, which opens Friday and runs through Aug. 9 at the Graphite Arts Center in Edmonds.
A&E Calendar for July 10

Send calendar submissions for print and online to features@heraldnet.com. To ensure your… Continue reading

Lynnwood
Lynnwood child, 4, accidentally shoots mother, father arrested

The child retrieved a loaded firearm from his father, who was asleep at the time, South County deputies said.

Opponents of President Donald Trump’s executive order indefinitely halting refugee resettlement in the U.S. rally on the steps of the federal courthouse in Seattle on Feb. 25, 2025, after a judge issued a ruling blocking the president’s order. (Photo by Jake Goldstein-Street/Washington State Standard)
Refugees from travel ban countries must be allowed to enter US, Seattle judge rules

It’s the latest twist in the legal battle over President Trump’s attempt to block refugee resettlement.

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.