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By now you’ve probably heard that I-976 was ruled unconstitutional by the State Supreme Court for having a misleading ballot title and single subject violation. It is important to remember that the people have co-equal legislative powers as lawmakers. Based on today’s court ruling, what can future ballot sponsors learn from legislative bill titles? Here are some of the 2020 bill titles citizen ballot drafters should keep in mind for future proposals:
- HB 2167: AN ACT Relating to tax revenue
- HB 2173: AN ACT Relating to fiscal matters
- HB 2175: AN ACT Relating to education
- SB 6005: AN ACT Relating to revenue
Perhaps one way future ballot measures can avoid single subject and title problems is to take a page out of lawmakers' Title Only bill playbook and call the proposals: "An Act relating to the will of the people."
As for what should happen next, here is a take from former Governor Locke in 2000 when faced with a similar court ruling:
"Gov. Gary Locke called a news conference within hours of the ruling, demanding the Legislature act in special session to remove any doubt in voters' minds that the cheap, flat-tax car tabs are here to stay.
‘It's important for the Legislature to act immediately on this to remove any uncertainty in the minds of the citizens of the state of Washington, to make it very clear that we will carry out Initiative 695,’ he said."
As my colleague Mariya Frost pointed out today:
“There is one thing today's ruling didn't change, the fact voters have repeatedly approved $30 car tabs. We're told voting and elections matter. Do our elected officials really believe this or will they ignore what voters have demanded for years?”
A very important question for when lawmakers next meet.