Over the years, voters have repeatedly approved various taxpayer protection initiatives. Opponents of these measures have become increasingly frustrated that the voters have consistently OK'd these policies at the ballot box. They've spent millions upon millions of dollars and yet, that hasn't stopped the voters from repeatedly supporting efforts to make it tougher to raise taxes.
So they've come up with a new strategy: end democracy.
They've gone to court to prevent a public vote on Initiative 1366, which has now been certified for the November ballot. It's really an extraordinary request – they want a judge to take away the people's right to vote.
Our state Constitution guarantees the citizens the right to vote on initiatives that submit enough valid voter signatures by the deadline. The voters' right to vote shouldn't be taken away just because a few opponents of the initiative don't like it.
We're very proud of I-1366. We worked very hard to draft it carefully, in full compliance with, and mindful of, our state's laws, Constitution, and recent court rulings. We had the benefit of brilliant, experienced attorneys and activists intimately familiar with these issues.
I-1366's proposed policies are well within the purview of the initiative process. For decades, there have been initiatives addressing taxes. For opponents to claim that I-1366 is not a legitimate initiative for the voters to consider is insulting. The voters are perfectly capable of understanding I-1366's policies and they do not need opponents' condescending censorship.
Five times the voters have approved initiatives requiring a two-thirds vote of the Legislature or majority vote of the people to raise taxes. Five times. In 2012, nearly two-thirds of voters approved it. It got more votes than any initiative in state history. I-1366 is called the Taxpayer
Protection Act; this year's tax-obsessed Legislature vividly illustrates why it's necessary.
Opponents have mischaracterized many aspects of I-1366. Their legal brief is filled with inaccuracies. We're looking forward to exposing their errors in court.
We are especially amused with their assertion that the vote on I-1366 harms the King County Elections Director, supposedly giving her standing to sue the voters. There's going to be an election in November and Sherril Huff's job is no tougher or more expensive with I-1366 on the ballot. Counties' election costs are 100 percent reimbursed by the state.
No one is irreparably harmed by a public vote on an initiative.
The state Supreme Court has twice ruled unanimously that lawsuits to keep initiatives off the ballot aren't valid because, among other reasons, they undermine the First Amendment.
"Because ballot measures are often used to express popular will and to send a message to elected representatives, preelection review unduly infringes on free speech values."
So ultimately opponents' lawsuit has less to do with I-1366 than it does the right of the people to discuss, debate, and vote on the issues contained in it. Opponents want to prevent that conversation. Initiative campaigns are not just about passing laws; they are about informing and involving the people in a discussion over public policy. They are the preferred vehicle for accomplishing what lawmakers may be hesitant, or simply unwilling, to accomplish (in this case, protecting taxpayers from Olympia's insatiable tax appetite). Just as the Legislature considers bills that may or may not be signed into law by the Governor, so too, the people must be free to discuss and debate initiatives and their policies even if the initiative may not become law.
It is role of the courts to rule on approved laws, not to prevent discussion or debate of proposed laws.
I-1366 has qualified for the ballot. In Washington's 100 year initiative history, the courts have never - not once - prevented the people from voting on a statewide initiative that turned in the required number of signatures and was certified by the Secretary of State. The voters are
constitutionally guaranteed the right to discuss, debate, and vote on I-1366. That right should not be taken away by anyone, especially our opponents who clearly don't trust the voters.
Tim Eyman is the co-sponsor of Initiative 1366, the Taxpayer Protection Act, (425) 493-9127,www.VotersWantMoreChoices.com
