Eyman initiative to face constitutional challenge
Two-thirds provision for tax votes draws suit
OLYMPIA -- Senate Majority Leader Lisa Brown said Sunday she will sue in a bid to overturn the tax-limiting provisions of Initiative 960, a Tim Eyman-sponsored measure aimed at curbing the Legislature's power to raise taxes.
The lawsuit, which is technically against Lt. Gov. Brad Owen over a Senate floor ruling upholding I-960, will be filed Monday with the state Supreme Court.
I-960 reaffirmed higher vote thresholds for tax increases and was passed by voters in November. It requires that all state tax votes would take a two-thirds vote in both houses. An alternative is a majority vote that refers the tax increase to the voters.
Brown said the two-thirds requirement is "clearly unconstitutional."
"This isn't about 960, and this isn't about undoing the will of the people," Brown said. "This is about defending the (state) constitution and the Legislature's ability to pass laws under the constitution."
Brown said the lawsuit doesn't address any other aspect of I-960, such as votes on fees.
"The specifics of the suit is very narrow," she said. "It says that the constitution says that 25 votes in the Senate and 50 in the House is what is required to pass legislation."
Eyman said Democrats are upset that their ability to raise taxes has been hindered. "It is the topic that chafes," he said.
Eyman said that there is nothing in the constitution that prevents voters or the Legislature from raising the threshold for passing a tax bill.
