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Attacking Democracy in the Name of Democracy

About the Author
Ryan Frost
Director, Budget and Tax Policy

A healthy democracy produces good policy in the midst of tension, meaningful debate, and bipartisan compromise. That has all but evaporated in Olympia, as the scale has tipped so far in one direction that the guardrails that protect all citizens, regardless of party affiliation, have begun to fail.

In Washington state, we are seeing the consequences of an overwhelming single-party rule that doesn’t require compromise, resulting in punitive policies that further consolidate power and harm the democratic process. An unchecked Democrat majority should concern even Democrats, as multiple bills have been rushed through this session that aren’t just partisan, but are blatantly anti-democratic. Here are a few bills that illustrate how dangerous this is.

Imposing an Unconstitutional Income Tax

SB 6346 (Pedersen) – Despite Washington voters repeatedly rejecting an income tax, this bill would impose an income tax of 9.9% on income over $1 million, to start. Beyond being unconstitutional to impose a graduated income tax on property such as income, the bill adds insult to injury by prohibiting voters from repealing it via referendum. This forces citizens into the more difficult and expensive process of running an initiative if they wish to repeal this policy (assuming the Supreme Court doesn’t overturn it). (STATUS: Passed)

Unelected Board Removing Elected Sheriffs

SB 5974 (Lovick) – This bill directly undermines local elections as it would allow an unelected body (Criminal Justice Training Commission) to override the will of the people and effectively remove elected sheriffs or police chiefs from office. It would also enact new requirements for sheriff candidates. This bill imposes standards for misconduct that lawmakers themselves are completely insulated from. (STATUS: Passed)

Expanding the Attorney General’s Investigatory Power

SB 5925 (Hansen) / HB 2161 (Farivar) – This bill significantly expands the investigative authority and subpoena power of the Attorney General to compel companies and individuals to hand over documents and answer questions, without even filing a lawsuit. If the AG “believes” there has been a violation of the US or WA State constitution, they can bypass traditional judicial guardrails and go fishing in the private lives of individuals (and likely political opponents). (STATUS: Passed)

Raiding the LEOFF 1 Pension Fund

HB 2034 (Ormsby) — Reintroduced this year, this bill was moved out of Appropriations without a public hearing and passed the House in a 55-39 vote. The bill authorizes the transfer of approximately $4 billion from the LEOFF 1 fund, reducing its funded status from roughly 160% to approximately 110%. The surplus is funneled to the General Fund to paper over a spending-driven deficit. Raiding a constitutionally protected pension trust for retired cops and firefighters, without even holding a public hearing in its house of origin, is not good policy. (STATUS: Passed)

The Initiative Killer

SB 5974 (Valdez) / HB 2259 (Mena) – These companion bills aimed to attack the initiative process by requiring 1,000 supportive signatures to be submitted just to file an initiative, and further prohibiting paid signature gathering. These bureaucratic hurdles would make it more difficult for voters to get a measure on the ballot.  (STATUS: Dead, for now)

Attacking Corporate Speech

SB 6358 (Hasegawa) – This is one of the most radical proposals seen this session, as this bill would strip corporations, LLCs, or nonprofits of their legal existence if they spend any money to influence ballot measures. This bill seeks to silence opposition and engagement in the democratic process and is clearly unconstitutional as it attacks the First Amendment protection of any incorporated body’s right to free political speech.  (STATUS: Dead, for now)

Lowering the Bar for Partisan Gerrymandering

HJR 4209 (Fitzgibbon) — This proposed constitutional amendment would allow the legislature to redraw congressional districts by a simple majority vote any time another state redistricts outside its normal cycle. Current law requires a two-thirds vote to amend redistricting maps, a safeguard that ensures bipartisan input. This bill strips that protection for congressional maps, handing the majority party the power to gerrymander Washington's districts whenever a convenient trigger occurs in another state. (STATUS: Dead, for now)

Conclusion

Democracy works best when power is decentralized and leaders are accountable to the people they serve. When lawmakers must defend their proposals against scrutiny and obtain the support of the other side, the policies they work on are more likely to be thoughtful, constitutional and bipartisan. Whether you’re a Republican or Democrat or somewhere in between, you should seek to restore a more balanced government that respects and supports the will of the people.

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