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Of all the Friday news dumps this has to rank among the most shocking. A Commissioner for Division 2 Court of Appeals today has granted the request to stay the ruling from Thurston County Superior Court keeping the Olympia income tax proposal off the ballot for being illegal. Although the City of Olympia is seeking further review from the full Appeals Court, this likely means the proposal will go before Olympia voters in November.
Among the arguments income tax supporters made to secure this ruling was that the income tax isn't really an income tax (which is against state law) but instead an "excise tax." These arguments are déjà vu from the failed Initiative 1098 debate in 2010. Former Supreme Court Justice Phil Talmadge provided us this excellent legal analysis disputing that argument. Stay tuned for more updates.
Additional Information
Commissioner's order granting stay pending appeal
City of Olympia's legal briefing to Court of Appeals
Former Supreme Court Justice Phil Talmadge's legal analysis of I-1098
