LEAGUE OF EDUC. VOTERS v. STATE

No. 87425-5.

295 P.3d 743 (2013)

176 Wn.2d 808

LEAGUE OF EDUCATION VOTERS, a Washington non-profit corporation; Washington Education Association, a Washington non-profit corporation; Laurie Jinkins, an individual taxpayer and Washington State Representative; David Frockt, an individual taxpayer and Washington State Senator; Jamie Pedersen, an individual taxpayer and Washington State Representative; Robert Utter, an individual taxpayer and former Chief Justice of the Washington Supreme Court; Kim Bielski, an individual taxpayer; Andy Bunn, an individual taxpayer; Rebecca Bunn, an individual taxpayer; Reuven Carlyle, an individual taxpayer and Washington State Representative; John Chesbrough, an individual taxpayer; Deb Eddy, an individual taxpayer and Washington State Representative; Sam Hunt, an individual taxpayer and Washington State Representative; Amy McKenney, an individual taxpayer; Kurt Miller, an individual taxpayer and President of the Tacoma Public Schools Board of Directors; Jim Moeller, an individual taxpayer and Washington State Representative; Timm Ormsby, an individual taxpayer and Washington State Representative; Ryan Painter, an individual taxpayer; Eric Pettigrew, an individual taxpayer and Washington State Representative; Chris Reykdal, an individual taxpayer, Washington State Representative and Tumwater School Board Member; Cindy Ryu, an individual taxpayer and Washington State Representative; Mike Sells, an individual taxpayer and Washington State Representative; and Kristin Skanderup, an individual taxpayer, Respondents, v. STATE of Washington, Appellant. Christine Gregoire, in her official capacity as Governor of the State of Washington, Respondent.

Supreme Court of Washington, En Banc.

Decided February 28, 2013.


Attorney(s) appearing for the Case

Maureen A. Hart , Attorney at Law, Jeffrey Todd Even , Office of The Attorney General, Olympia, WA, Allyson Zipp , NYSERDA, Albany, NY, for Appellant.

Paul J. Lawrence , Matthew J. Segal , Sarah Christine Johnson , Gregory J. Wong , Pacifica Law Group LLP, Michele G. Radosevich , Davis Wright Tremaine LLP, Seattle, WA, for Respondent.

Kristopher Ian Tefft , Association of Washington Business, Olympia, WA, amicus counsel for Association of Washington Business.

Michael J. Reitz , Attorney at Law, Saginaw Township, MI, amicus counsel for Freedom Foundation.

Harry H. Schneider Jr. , Nicholas Manheim , David A. Perez , Perkins Coie LLP, Seattle, WA, amicus counsel for League of Women Voters of Washington.


OWENS, J.

¶ 1 Before us is a constitutional challenge to two provisions of voter-enacted former RCW 43.135.034 (2011) (Initiative 1053 (1053)). The first provision requires that any bill containing a tax increase be passed by a two-thirds majority vote of the legislature (Supermajority Requirement), and the second provision requires that any tax bill increasing spending beyond the state spending limit be approved by the voters (Referendum Requirement). At the...

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