Amateur’S Touch Painfully Apparent

The state Supreme Court struck down Initiative 695 last week but the short-term fate of its descendants, initiatives 722 and 745, is up to the voters.

I-695 was the measure that repealed the motor vehicle excise tax and replaced it with a $30 fee. This section of the initiative is now law because the state Legislature and the governor approved legislation last spring.

In limbo was the initiative’s requirement that any tax or fee increase by state and local governments be put to a vote of the people. Because the court found the entire initiative unconstitutional, that requirement, thankfully, is dead.

The good news is that municipalities across the state can now proceed with road projects, including dozens in Spokane County. The bad news is that initiative guru Tim Eyman has vowed to try again. But judging from the thorough thrashing Eyman got from the Supreme Court, that could be an uphill battle.

The court overturned I-695 on four grounds and Justice Barbara Madsen’s opinion will be a must-read for future initiative writers. In violation of the state Constitution, the initiative:

* Contained two unrelated subjects. Many voters who went for the carrot ($30 tabs) may not have wanted the stick (all tax increases be put to a vote).

* Failed to signal in its title that “taxes” would also mean myriad fees and charges.

* Mowed down established referendum practices. Each vote on a tax increase should be a separate initiative, requiring the signature of 4 percent of the voters before making it on the ballot.

* Failed to fully disclose how the initiative would change other laws. For example, the court noted that one section of the initiative would have repealed 44 statutes. The initiative did not tell voters this.

What is clear from the court’s opinion is that Eyman thoroughly botched the writing of the measure. To get the tax changes he sought, he would need constitutional amendments, not citizen initiatives.

Because I-722 (repeal of tax and fee hikes) and I-745 (road building) contain similar flaws, it is likely that both would be struck down by the courts if they were to pass. Throwing these issues into the courts could also complicate any tax reforms the Legislature might take up in January.

That’s two great reasons to vote no and await lawful solutions being worked on by the governor, the Legislature and the state’s Blue Ribbon Commission on Transportation.