Spokane7
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October 10, 2010 in City
If voters pass both liquor sales initiatives, heads will spin
Getting the state out of the liquor business is such a popular idea that voters have two chances to do it in the Nov. 2 election.
Based on their ballot titles, Initiatives 1100 and 1105 may seem close enough that anyone in favor of state-operated liquor stores could reasonably vote no on both.
One can make an argument for voting yes on one but not the other. Costco-card holders, for example, might be more fond of I-1100 on the theory that if their favorite discount house spent millions pushing the initiative, they may see some great deals on a case of booze.
But anyone who thinks the state should stick to core services – things like schools, prisons, roads and drawing numbers for the Lottery – may decide to fill in the “yes” ovals on both to double their chances of buying their liquor from someone not on the state payroll.
Then what happens? Suddenly, after decades of talking about getting the state out of the liquor business, we have not one but two laws ordering it out.
The short answer is – and we reporters love this because it’s like the political writers’ full employment act – no one knows.
Seriously. No. One. Knows.
Deputy Attorney General Jeff Even, the state’s expert on electoral laws, said neither the state constitution nor statutes address this possibility. The AG’s office studied it back in 1993 when two similar initiatives, I-601 and I-602, were on the ballot. They came up with some ideas but no ironclad determinations. They didn’t get to test them because 601 passed but 602 didn’t.
First thought was that sections unique to one or the other would take effect and the Legislature could straighten out any conflicts in similar statutes after the session starts next January. But state law requires any changes in the first two years after a citizens’ initiative passes to get a two-thirds majority. Getting that supermajority out of the Ledge next year is only slightly more likely than the Mariners playing in this year’s World Series.
So the next venue would be the courts, which would have no Washington statute or precedent to peruse. A judge might look for something kind of close, either in this state or another state that had the foresight to pass a law explaining what to do if two similar initiatives passed. (Most did, by the way.)
Washington does have a rule that applies when a petition drive sends an initiative to the Legislature, but the honorables refuse to approve it and put an alternative measure on the ballot along with the original. That law is similar to laws in many states for conflicting citizen initiatives. Simply put, if both get a majority, the one with the most votes wins. A court could apply that logic to any conflicting sections.
Guessing what courts will do is always a bit risky. They could come up with a creative solution, too, Even said.
I-1100 and I-1105 are not the only ballot measures that could create a conflict, by the way. Referendum 52 calls for the state to pay for energy-savings projects in schools and colleges with bonds that would be covered by continuing a temporary sales tax on bottled water after July 1, 2013. I-1107, however,would repeal the sales tax on bottled water this December.
It can be logically argued that if there is no tax on bottled water in 2013, it’s not possible to continue it. It could also be argued that without the tax, the bonds shouldn’t be sold and the projects scrapped. Or that voters approved the projects and the bonds, so the Legislature should re-levy the bottled water tax or come up with a new stream of revenue to honor the voters’ will.
So you have two chances on the November ballot to provide full employment for political reporters. Please vote accordingly.
Spin Control, a weekly column by political reporter Jim Camden, also appears online with daily items, reader comments and videos at spokesman.com/blogs/spincontrol.
Supermajority for taxes unconstitutional, judge rules 
hawken on October 10 at 6:45 a.m.
The state should not be doing anything that can be done effectively by the private sector, including the wholesale/retail sale of beer, wine and liquor.
Primary opponents of getting the state out of the liquor business are Chris Marr, public safety and public safety unions (police and fire) whom are part of Marr’s larger union, political support base.
While we’re on the topic, the state should get out of workman’s compensation as well, which can be handled quite effectively by the private sector….as well.
As for the running of our public Ferry system (while not on the ballot), which is a huge expense to tax payers,,, the state should give that over to the private sector as well. Another one of many reasons that Michael Baumgartner should replace Chris Marr as our District 6 state Senator.
Washington state government has far overreached it’s government role. Not just in matters that can be handled effectively by the private sector, but in routine matters of government as well. Washington state government is Washington DC big government on the state level.
liarsinnews on October 10 at 9:33 a.m.
I can`t say it as well as you can, hawken, so I`ll just agree with every thing you`ve had to say with your foregoing comment.
Teseract on October 10 at 2:49 p.m.
Heck, I just want to be able to buy some rum to go with my coke when I go to Costco instead of having to make two stops and make sure I leave early enough to get to the liquor store before it closes.
I think those of us who will vote for either one or both aren’t the type to wander the streets drunk or hop in the drivers seat while drunk. We just want to be able to go to one of the few open stores on a holiday and buy some liquor to put in our eggnog that we forgot to buy when the liquor stores were open.
lewis8457 on October 10 at 9:46 p.m.
I think if we privatized liquor that would give private enterprise more power to get some laws changed for the others in our society who prefer weed. Both big consumables.
Government is too damn big. Give it all to private enterprise and our country can flourish again. I would even privatize police and fire.