King County Superior Court Judge William Downing today ruled that Initiative 1366 is unconstitutional. The voter-approved I-1366 proposed a one percent cut in the sales tax unless the state Legislature allowed a public vote on an amendment that would require a two-thirds supermajority for future tax increases.
Jay Inslee released a statement applauding the fact that voters’ will would, once again, not be respected. His statement is still more ridiculous considering that an overwhelming 65% of respondents to a recent survey said legislators should give voters a chance to weigh in and vote on a constitutional amendment.
Notably, 17 states provide taxpayers supermajority protection against tax increases. These states include Oregon (3/5), California (2/3), and Colorado (voter approval for all taxes). Perhaps the most hypocritical aspect of the Left’s opposition is the fact that several of the loudest voices against the initiative – Washington’s public employee unions – also protect their members with supermajority restrictions in their own constitutions. As the Washington Policy Center’s Jason Mercier has pointed out,
- The Washington Federation of State Employee’s (WFSE) Constitution requires a 2/3rd vote to approve a special assessment: “Special assessments may be levied on the members of affiliated locals by a two-thirds voteof the delegates present at a biennial Convention or a special meeting of the Council.”
- The Washington Education Association’s (WEA) Constitution requires a 2/3rd vote to approve a special assessment: “Special assessments may be levied by a two-thirds (2/3) voteof the Representative Assembly.”
- The Service Employee International Union’s (SEIU) Constitution requires a 2/3rd vote to approve a strike: “The authority to call a strike is vested in the Negotiating Committee with the approval of the Executive Board. In order for a strike to be called, it must be authorized by a ratification vote by two-thirdsof those affected members who participate in the vote”
- The Washington State Labor Council’s (WSLC) Constitution requires a constitutional amendment—a process that takes a 2/3rd vote—to increase the per capita tax on members.
As Shift previously pointed out, it appears that what Democrats and their big labor donors believe is good and proper for themselves is not for mere mortals, like Washington citizens. Today, as expected, they got a King County judge to agree.
Now it’s on to the State Supreme Court for a final verdict – any guesses how that all-Democrat court is going to decide?
