State Supreme Court Ruling on I-601 Offers Mixed Results for Taxpayers, Open Government Advocates

Olympia – The State Supreme Court today overturned a 2006 Snohomish County Superior Court ruling that found the legislature violated I-601 in 2005 when adopting the 2005-07 budget and hundreds of millions of dollars in tax increases. I-601, adopted by voters in 1993, established a state spending and tax limit.

The Court decided that a 2006 amendment to I-601 by the legislature retroactively “cured” any previous violation of the law. The Court refused to rule on the constitutionality of I-601 meaning the framework for the recent voter-approved I-960 remains intact. I-960 closes the loopholes used by the legislature in 2005 to get around I-601 while reaffirming the requirement that all tax increases receive 2/3 legislative approval. The Court also refused to rule on the validity of claims by the governor and legislature of executive and legislative privilege to withhold public records.

“It’s disappointing to learn the legislature cannot be held accountable for breaking the law,” says Jason Mercier, Director of WPC's Center for Government Reform. “Taxpayers can be thankful, though, for the fact that only two justices, Chambers and Alexander, voted to overturn I-601. Taxpayers now must be vigilant to prevent the legislature from playing the same games with I-960 that it played with I-601.”

“With the Court refusing to rule on the claims of executive and legislative privilege, the state’s Sunshine Committee for public records exemptions should address the controversy in favor of public disclosure,” says Mercier.