Supreme Court to check out tax vote "elephant" Sept. 9

posted 07:41 PM 07/18
Link this article here.

NOTE: This was updated to add links to the AG brief and to improve some language in the text.

Senate Majority Leader Lisa Brown’s challenge of the two-thirds vote requirement for tax increases goes to the state Supreme Court on Sept. 9.

Court clerks say a hearing is scheduled at 9 a.m. At issue is the requirement set into law by Initiative 601 in 1993 and later restated by Tim Eyman’s I-960 last year.

The opening statement in the latest reply brief filed on behalf of Brown by lawyers Thomas Ahearne, Hugh Spitzer and Ramsey Ramerman boils down the political issue in the case like this:

“We all see the elephant. It’s the straightforward question of whether the two-thirds supermajority provision in RCW 42.135.035(1) is constitutional. It either is or isn’t.’’ Click here here to see the brief.

Go here to see the AG attorneys’ brief that asks to throw out the suit on several grounds. One argument is that the law does not conflict with the Constitution.

Attorney General lawyers are representing Lt. Gov. Brad Owen, the Democrat who serves as presiding officer in the Senate, has has interpreted the law as requiring a supermajority vote, and he refused to pass along a tax vote this year to the House because the Senate could not muster the two-thirds needed.

Eyman and Republican lawmakers say Brown just wants to ignore the public and open the door to tax increases next year. But Brown has questioned whether an initiative can put limits on a Legislature’s power since it, in effect, would be modifying the Constitution.

Brown put it this way in March:

“I have no idea where we will be next year, whether we will have budget problems and the range of solutions to solve them. I imagine we would not start with taxes under any circumstances … But the real reason for me is I believe in the Constitution, and it should be hard to amend the Constitution. And it should be done properly when we do it — and that a statute, no matter how good of an idea or where it comes from, should not amend the Constitution.’’

Treasurer says state's financial ranking now in top tier

posted 10:56 AM 07/18

The state’s financial health got another good rating this week, according to state Treasurer Mike Murphy’s office.

Reports examine sex-harassment claim vs. DNR's Sutherland

posted 02:45 PM 07/17

Details are again in the news today about a 3-year-old incident of unwanted touching and comments with sexual overtones from state Lands Commissioner Doug Sutherland to a former young employee.

Ethics Board dismisses complaint against Sen. Carrell

posted 04:44 PM 07/16

The Legislative Ethics Board has dismissed a complaint against Sen. Mike Carrell, R-Lakewood that he improperly distributed two campaign-related brochures at a legislative town hall meeting in May.

posted 06:01 PM 07/15

Maybe Barack Obama rules in Washington state after all.

GOP Poll: Rossi even with Gregoire; Democrats scoff

posted 05:50 PM 07/14

A poll by Republican Dino Rossi’s own hired hand shows the race between Rossi and Democratic Gov. Chris Gregoire is a dead heat, with 45 percent of voters supporting each candidate and 9 percent undecided.

Gregoire budget guru: tax hikes need voter OK

posted 05:28 PM 07/11

Gov. Chris Gregoire tried to make clear yesterday that taxes are her “last resort” to close the $2-billion-plus budget gap next year.

UPDATE2: 12 now have filed for District Court judge seat

posted 05:53 PM 07/10

ANOTHER UPDATE: Make that a dozen. Ken Valz of Tumwater also filed.

Race for Judge Stilz's seat getting crowded

posted 01:36 PM 07/09

Three more candidates are running for Thurston County District Court — bringing the field to six lawyers running to replace the Judge Kip Stilz, whose recent death created the judicial opening.

Rep. Kessler says more evidence of privilege abuse needed

posted 09:32 AM 07/09

Lynn Kessler, the House majority leader and frequent backer of open-government initiatives, said today that more evidence of government wrongdoing may be needed before lawmakers tinker with the attorney-client privilege for public agencies.

"Top-two" warning nothing to worry about, Sam Reed says

posted 06:04 PM 07/08

State elections officials are shrugging off two letters from the state Democratic and Republican parties this week that warn the “top-two” primary scheduled for Aug. 19 is illegal.

Blog going on a break

posted 09:40 AM 06/24

I'm taking time off and won't be posting here until after Independence Day.

UPDATED: Jewish group assails BIAW over linking environmentalists, Nazis

posted 03:53 PM 06/20

The Anti-Defamation League is calling on the state’s Building Industry Association of Washington to apologize for a newsletter article in March that drew comparisons between the German Nazis of Adolf Hitler to the state Department of Ecology and the modern ecological movement.

UPDATE: Revenue forecast down $166.8 million

posted 02:50 PM 06/19

The latest revenue forecast shows a $166.8 million reduction over two budget periods, less than some had feared. When another $57 milion drop in legislative and noneconomic factors are added, the total drop is closer to $225 million, in line with some predictions.

Gregoire, Rep. Smith salute Boeing tanker ruling

posted 02:49 PM 06/18

Washington political leaders hailed the Government Accounting Office report today on the Air Force tanker contract.