(The Center Square) – A day after Governor Bob Ferguson signed Washington’s new income tax into law, opponents who have filed a referendum to repeal it have just learned the Secretary of State will not allow them to proceed.
Brian Heywood founder of Let’s Go Washington challenged the constitutional argument Democrats used to try to strip voters of say on the matter.
The bill sponsors attached a necessity clause to the legislation, declaring the income tax necessary for the support of state government, an argument they contend makes the new law “referendum proof.”
Heywood told The Center Square that argument is flawed.
“Within Washington state law with referendums, there’s only one reason that the legislature can stop a referendum, and that’s if there is an emergency, and there’s a comma for something within the state’s interest, right?,” he said. “And what they’ve done is they’ve interpreted that comma to be on both. So, if there’s an emergency or if there’s some interest for the state. I don’t believe that’s what the Constitution says, and we’ll take this to the Supreme Court if we have to.”
The Washington Constitution does allow the legislature to exempt bills from referendum, but Heywood said that is only the case when two conditions are both met. The first requires an emergency need. The second requires that the measure be necessary for government operations. Heywood said both must apply, not one or the other.
The office of Secretary of State Steve Hobbs does not agree. The office emailed The Center Square shortly after 1pm Tuesday explaining their rationale for rejecting the effort.
“The proposed referendum submitted by Brian Heywood sought to refer ESSB 6346 in its entirety. However, Section 1208 of the bill declares that “The tax imposed in this act is necessary for the support of the state government and its existing public institutions.
“The Washington State Constitution exempts bills that fall in this category from referendum,” the statement by Helen Smith with the office’s communications department continued. “Because the Legislature has declared that the act is exempt from referendum, the Secretary of State, as a ministerial filing officer, is unable to accept Let’s Go Washington’s referenda for filing and will not process it further.”
Even before the rejection from Hobbs office, Heywood told The Center Square they were preparing next steps.
“We’ll try to get this taken right to the Supreme Court because unlike the income tax law, this actually is an emergency because the timing is so short,” he said.
He was referring to the amount of time they would have to gather roughly 200,000 signatures for a referendum by June 10.
As reported Monday by The Center Square, Citizen Action Defense Fund (CADF) has retained former Washington Attorney General Rob McKenna for a legal challenge to the new income tax law.
CADF Executive Director Jackson Maynard said they expect to file it later this week. He described Monday’s bill signing ceremony where Ferguson was surrounded by members of various union groups and other supporters, holding signs that were being handed out for the crowd cheering the tax, as something of a “pep rally.”
“The fact that somehow this is something to celebrate when so many people are affected and concerned that they’re going to be subject to this tax in the future, I felt like it was a little out of touch honestly,” Maynard said.
Heywood noted that with November elections for five Washington State Supreme Court justice positions, the makeup of the state’s high court could look dramatically different by the time the income tax challenge is heard.
“I don’t think this thing will get seen or decided until after the election,” he said, noting it was important for voters to get involved in the court election. “So, there will be a different Supreme Court, no matter what happens when this income tax case gets heard. I think it highlights the absolute necessity of being involved and voting. It really does matter.”
The LGW founder said they are also making plans for an initiative, potentially running both an initiative to the legislature, and another directly to the people at the same time, looking to repeal the income tax.
