November ballot will include 'warning labels' for initiatives

The battle over what will be printed on ballots for four statewide initiatives has ended, at least for this election season.

The final blow came late Thursday, when Tim Eyman was informed there would be no Friday morning hearing for his attempt to block what initiative supporters call "warning labels" on the ballot measures.

“Democrats passed this law in 2022, and it says we’re going to let the attorney general insert a sentence into the neutrally worded ballot title for any initiative that could impact tax revenue for the state,” said Eyman in an interview with The Center Square Friday morning.

The law requires disclosure statements of 15 words or less be placed on ballots if a measure repeals, levies or modifies a tax or fee, and if it would cause a net change in state revenue.

“It’s supposed to be just for initiatives that impact taxes, not for all initiatives,” argued Eyman. “The sentence is mandated to say-this measure would decrease funding for-then the AG gets to add words to describe which programs are earmarked for that tax.”

For the capital gains repeal initiative, ballots will include the AG’s language saying the measure will reduce funding for K-12 education, childcare and school construction.

Eyman contends that the additions are meant to sway voters to vote against the measures.

“We knew in March this year, with three initiatives heading to the ballot, there would be these sabotage sentences included,” said Eyman.

Initiative sponsor Rep, Jim Walsh, R-Aberdeen, filed suit in Thurston County Superior Court in June.

The judge rejected those arguments, but Walsh and company asked the WA Supreme Court to take the case up directly because the secretary of state’s office had said it needed to know by Aug. 23 if those statements would be on ballots.

The court ruled against that lawsuit last week, saying it wasn't properly challenged, but Eyman’s challenge continued.

His argument was that the state constitution reserves the first power of the people to be initiative.

“It says the legislature can pass laws that facilitate the process, not hamper the process and it certainly doesn’t facilitate anything to have the attorney general sabotage initiatives on taxes,” said Eyman.

Eyman was asking for preliminary injunction which would have prevented the Secretary of State from printing ballots that include the AG’s statements.

“I was optimistic that my suit would go well and then 4pm Thursday I find out the AG is saying they don’t have enough time to defend this law,” he said.

The judge agreed to delay the hearing, with no future date rescheduled.

“It just so happens that extra time is the time when ballots are being printed,” said Eyman. “It’s eminently frustrating.”

Initiative 2066 to protect energy choices and preserve natural gas will not include a tax impact statement from the AG’s office, but the other three measures will.

One would repeal the state’s capital gains tax, another would end its cap-and-trade program, and the third would make participation in the state-run, long-term care program optional.