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Washington Two-Thirds Legislative Tax Approval Measure, Initiative 1327 (2014)

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This measure was not put
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The Washington Two-Thirds Legislative Tax Approval Measure, Initiative 1327 was not on the November 4, 2014 ballot in Washington as an Initiative to the People. The measure would have repealed certain taxes, including most sales taxes, on April 15, 2015, unless the legislature first submitted a legislatively referred constitutional amendment requiring two-thirds legislative or voter approval to raise taxes.[1]

Background

Reacting to the 2013 overturning of 2012's Initiative 1185, multiple Initiatives to the People were submitted to creatively circumvent the ruling. Initiative 1185 required either two-thirds legislative approval or a vote by the people in order to raise taxes. Therefore, a one-third minority of legislators in either House of the Washington State Legislature could prevent the passage of any measure to raise revenue or repeal existing tax exemptions. The measure defined repealing a tax exemption as raising revenue. It only took a simple majority to pass a tax exemption, but under the proposal, a two-thirds majority of both houses of the legislature was required to repeal it.[2][3]

On February 28, 2013, the Washington Supreme Court issued its ruling on League of Educ. Voters v. State and, in doing so, declared legislation requiring a supermajority vote for tax legislation unconstitutional. The challenge was initially filed against Initiative 1053, but is part of a larger issue concerning similar initiatives beginning in 1993 with Initiative 601.

The court found such supermajority requirements to be in violation of Washington Constitution, Article II, Section 22, which states that no bill shall become law unless a majority of each chamber votes in favor of it. The court's ruling concludes with,

Our holding today is not a judgment on the wisdom of requiring a supermajority for the passage of tax legislation. Such judgment is left to the legislative branch of our government. Should the people and the legislature still wish to require a supermajority vote for tax legislation, they must do so through constitutional amendment, not through legislation.

[4][5][6]

Washington Supreme Court


Because Washington citizens did not have the power of initiative constitutional amendments through direct democracy at the time of Initiative 1327's proposal, this measure and two others that sought access to the 2014 ballot were trying to force the Washington State Legislature to place a legislatively referred constitutional amendment on the ballot that would achieve what Initiative 1185 originally set out to do. All three measure sought to change statutory tax laws, such as decreasing sales tax or repealing certain taxes, unless the state legislature submitted a legislatively referred constitutional amendment which would require two-thirds approval by the legislature or voters to raise taxes. Six such initiatives were submitted to the Washington Secretary of State, three of which were ultimately withdrawn. The other initiatives were: Initiative 1325 and Initiative 1328.

Text of measure

Ballot title

The official ballot title read as follows:[1]

Initiative Measure No. 1327 concerns taxes.

This measure would repeal certain taxes, including most sales taxes, on April 15, 2015, unless the legislature first refers to voters a constitutional amendment requiring two-thirds legislative or voter approval to raise taxes.

Should this measure be enacted into law? Yes [ ] No [ ][6]

Ballot measure summary

The official ballot summary read as follows:[1]

This measure would repeal multiple taxes, including most state and local sales taxes, on April 15, 2015, unless before that date the legislature refers to voters a constitutional amendment requiring two-thirds legislative approval or voter approval to raise taxes. The phrase “raise taxes” would be defined to include any action by the legislature that increases state tax revenue deposited in any fund, budget, or account.[6]

Support

This measure was sponsored by Tim Eyman and M.J. Fagan.[1]

Path to the ballot

See also: Laws governing the initiative process in Washington

Supporters were required to collect at least 246,372 valid signatures by July 3, 2014 in order to land the initiative on the ballot. No signatures were submitted by the prescribed deadline.

Similar measures

See also

External links

Footnotes