Twelve Democratic state reps, along with the Washington Education Association, the League of Education Voters, and former Washington State chief justice Robert Utter, are filing a case in King County Superior Court this morning challenging I-1053, the Tim Eyman voter-approved rule that requires a two-thirds vote of the legislature to raise taxes.
State Rep. Jamie Pedersen (D-43, Capitol Hill), a K&L Gates attorney, one of the twelve legislators who signed on to the lawsuit, says they believe the two-thirds rule is unconstitutional because the state constitution already spells out the specific instances when two-thirds votes are required, such as amending the constitution or issuing bonds.
Pedersen points out that the state supreme court overturned a term limits measure in 1998 because “it added qualifications” that the state constitution does not include. “This is the same principle,” Pedersen says.
Pedersen—along with freshman Democratic Reps. David Frockt (D-46, Seattle) and Laurie Jinkins (D-27, Tacoma), who are also in the group of plaintiffs—forced a vote on closing tax loopholes to fund K-4 class sizes on the last day of session this year (the Eyman rule requires a two-thirds vote to close loopholes because doing so is seen as the equivalent of raising taxes.) That measure failed, but as we reported at the time, the vote was part of a tactical move to establish standing to file the case.
Pedersen tells PubliCola the legislation itself isn’t at issue in the case, but it “illustrates” the problem; that’s why educators are co-plaintiffs.
The other legislators who signed on are: Reps. Reuven Carlyle, Deb Eddy, Sam Hunt, Jim Moeller, Timm Ormsby, Eric Pettigrew, Chris Reykdal, Cindy Ryu, and Mike Sells.
Four of this year’s outspoken freshman class—Reykdal and Ryu along with Frockt and Jinkins—are on board.
You can read the complaint here.
Washington State Republican Party chair Kirby Wilbur issued a reaction to complaint:
Washington State Democrats, once again, have shown how far removed they are from the will of the people. When a resounding 64% of Washingtonians voted to reinstate the two-thirds requirement in November 2010, after Democrats suspended it in February 2010, you would think they would get the message.
The people of Washington have said over and over they do not want Olympia to solve their spending problems by taking more of their money, yet the Democrats and their special interest allies continue to demand more of their paycheck.
Wilbur ended his press release by asking what Democratic gubernatorial candidate US Rep. Jay Inslee thinks of his fellow Democrats anti-1053 effort.
I have a message out to Rep. Inslee.
McKenna has said he supports the two-thirds rule because the voters have repeatedly approved the concept. I-1053 was a follow-up to I-960, the two-thirds rule that the legislature overturned in 2010. I have a call in to get McKenna’s position on the concept itself.
