Secretary Wyman warns against restricting people’s right of initiative/referendum

By JASON MERCIER  | 
Jan 15, 2020
BLOG

Washington’s constitution is clear that the people are the sovereigns of the state and before the legislature is granted any power, we reserve for ourselves co-equal lawmaking power. A new bill (HB 2529), however, seeks to prohibit Washingtonians from voting on initiatives or referendums in odd election years. There are many problems with this proposal, including being constitutionally suspect. Among those expressing concern is Secretary of State Kim Wyman.

Secretary Wyman provided me this quote today in response to HB 2529:

"Upon initial review, this bill seems to significantly restrict the citizens ability to provide a check on the legislature. The initiative and referendum process established in our state constitution are founded on a deep populism in Washington. I expect any limits to the long-cherished and constitutionally provided right to referendum and initiative will not be accepted quietly among those we represent."

During her press conference today on election security, Wyman also said this about HB 2529.

In case some lawmakers need a refresher, here is what Washington’s constitution says:

"ARTICLE 1, SECTION 1 POLITICAL POWER. All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights."

"ARTICLE 2, SECTION 1 LEGISLATIVE POWERS, WHERE VESTED. The legislative authority of the state of Washington shall be vested in the legislature, consisting of a senate and house of representatives, which shall be called the legislature of the state of Washington, but the people reserve to themselves the power to propose bills, laws, and to enact or reject the same at the polls, independent of the legislature, and also reserve power, at their own option, to approve or reject at the polls any act, item, section, or part of any bill, act, or law passed by the legislature."

Despite this clear constitutional right of the people, here is what HB 2529 would do (in-part):

If lawmakers don’t want the people to exercise their constitutional right to propose and repeal laws in odd years, perhaps they shouldn’t have that power either.

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