Anti-Income Tax Referendum Decision Expected in Weeks
Yesterday, Brian Heywood of Let’s Go Washington (LGW) announced that the Washington State Supreme Court has agreed to hear their state income tax referendum case, speeding up what is normally a lengthy legal process.
FROM THE COURT:
“At the direction of the Court Commissioner, the emergency motion for accelerated review is granted as follows: Any answer to the petition for writ of mandamus should be served and filed by April 10, 2026. Any reply to any answer should be served and filed by April 14, 2026. The petition for writ of mandamus is referred to the Court for consideration at its April 30, 2026, en banc conference.”
WHAT THIS MEANS:
There will be a hearing by the end of April.
-The AG has until the 10th of April (Friday) to respond.
-LGW will then have until the 14th (next Tuesday) to respond to the AG response and questions.
-The Supreme Court will then hear the case en bank which means the whole court or at least a quorum of the court.
-A decision is expected by the end of April on LGW's ability to run a referendum.
The court will review and rule on the proper interpretation of the state constitution’s referendum exemption language, specifically the “necessity clause” in section 1208 of SB 6346 (which declares the tax “necessary for the support of the state government and its existing public institutions”).
This is not a full constitutional challenge to whether the income tax itself is allowed under the state constitution. It is a narrow, urgent procedural challenge focused on whether the Secretary of State can refuse to process a referendum filing based on that clause — and whether the clause validly blocks voter review.
The hearing is a victory for the remaining taxpayers still in the state. By granting the emergency motion for court review, the court has signaled its willingness to address the issue urgently. This fast-tracking is essential to follow the state constitution Art. 2 Sec 1; the second power reserved by the people is the referendum, and to prevent unnecessary barriers to citizen-led initiatives.
If the court grants the petition, the Secretary must process the referendum, and signature collection could begin immediately, making mobilization efforts critical for the June 10 deadline. This accelerated legal track keeps momentum alive and tests the court’s commitment to a timely process. If the court grants the petition, the Secretary must process the referendum.
If denied, the referendum effort would be blocked, and LGW would likely implement other strategies (e.g., a citizen initiative and/or a separate constitutional lawsuit).
HOW WE GOT HERE:
In response to the WA State Democrats and Governor Bob Ferguson ignoring the will of the people by passing and signing ESSB 6346, an unconstitutional income tax into state law - Brian Heywood (LGW) filed a referendum to appeal the terrible new law shortly after Gov. Bob Ferguson signed the legislation known as the “millionaires’ tax” - which imposes a 9.9% tax on household income above $1M starting in 2028.
Then the Secretary of State promptly rejected it, saying:
“The proposed referendum submitted by Brian Heywood sought to refer ESSB 6346 in its entirety. However, Section 1208 of the bill declares that ‘The tax imposed in this act is necessary for the support of the state government and its existing public institutions.’ The Washington State Constitution exempts bills that fall in this category from referendum. Because the Legislature has declared that the act is exempt from referendum, the Secretary of State, as a ministerial filing officer, is unable to accept LGW referenda for filing and will not process it further.”
Heywood disagreed, saying: Washington's Secretary of State has rejected our referendum filing — and misquoted the state constitution to do it. The actual Constitution says laws must be "necessary for the immediate preservation of public peace, health or safety, or support of the state government."
The SOS letter rewrites it as "necessary…OR for the support of the state government" — making them two separate escape hatches, either of which the legislature can invoke alone. That word "or" isn't in the Constitution. We checked.
The legislature declared its own income tax "necessary" — and the SOS office has declared they are obligated to accept that declaration without question — but they had to change the wording in the constitution to make it work! So: the legislature purposefully abuses the Constitution and declares itself exempt from a referendum, and the SOS carries their water, thinking no one would notice…
The Constitution does allow the legislature to exempt bills from referendum, but that is only the case when two conditions are both met. The first requires an emergency need. The second requires that the measure be necessary for government operations; both must apply, not one or the other.
This inconsistency proves the state is only using the “necessity” label when it wants to protect a politically unpopular tax from being repealed at the ballot box. “If simply declaring something ‘necessary’ is enough to block a referendum, then there are effectively no limits. The people of our state have a right to make their voice heard. If leadership thinks rewriting the law will stop this, they are underestimating how outraged Washingtonians are.”
The WA State Constitution’s precise language concerns laws that “may be necessary for the immediate preservation of the public peace, health or safety, support of the state government and its existing public institutions.”
AS A REMINDER: Washington voters have rejected income taxes 10 times since 1932, and they refuse to accept one now!
Most obviously, Democrats put this so-called “necessity clause” into the law to prevent a very politically unpopular tax from being REPEALED by a vote of the People of WA State via a referendum.
In the 2026 legislative session, more than 116,000 Washingtonians made state history by signing in to oppose the 9.9% income tax heard in the State House of Representatives, making it the most opposed bill to ever come before the Washington State Legislature. Also, a few weeks prior, nearly 62,000 people signed in to oppose SB 6346 in the two days leading up to a Senate budget committee hearing.
The Feb 24, 2026, legislative session final numbers for sign-ins to SB 6346:
WAS CON 116,779 (90.2%) - PRO 12,691 (9.8%)
The proposed tax applies to income earned starting in 2028; it is expected to eventually expand beyond high earners and inevitably capture the middle class…
This tax would be devastating to the state’s economy: Here is an excellent video showing the math and explaining exactly how the income tax law will impact WA State: If 2,300 families subject to the income tax leave, the new unconstitutional WA state income tax will bring in less money to the state than before the tax…
Specifically, the law violates the state constitution’s long-standing prohibition on progressive income taxes, Art VII, Section 1 (Amendment 14 in 1930):
“All taxes shall be uniform upon the same class of property within the territorial limits of the authority levying the tax and shall be levied and collected for public purposes only. The word ‘property’ as used herein shall mean and include everything, whether tangible or intangible, subject to ownership.”
This requires that taxes on the same class of property be applied at a uniform rate (no graduated brackets based on amount).
Washington courts have long held that income qualifies as “property” under this broad definition.
To be certified, petitions for Referenda must:
Contain the signatures of at least 154,455 voters.
Be submitted no later than 5:00 pm on June 10th, 2026.
It is recommended that sponsors submit at least 195,000 signatures to allow for invalid signatures.
Pre-order your petition packets so Let’s Go WA can move quickly should they win their case. More info: Letsgowashington.com / Preorder here
Thank you, Mr. Heywood and LGW, for your tireless efforts - It is important to remind the Democrats and King Ferguson that they took an oath to uphold the State Constitution! Let’s hope the court does not allow the misguided State Democrats to get away with their power grab - and allows the voters to have a chance to decide this November.
Bill Bruch
Bill Bruch is the WA State GOP Election Integrity Committee Chairman (6th year), WAGOP Executive Board Member (6th year), Skagit County GOP Chairman (10th year), Citizen Journalist, Olympic Conference 2021 Activist of the Year Award Winner, Business Owner, 2020 WA State House Representative Candidate, Former Council Member, and WA State 2016 and 2024 RNC National Convention Delegate
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