Sue Lani Madsen: Initiative aims to limit governor’s power to make emergency proclamations

How much emergency power should the executive branch hold?

In a system of government designed around checks and balances at every level, state legislators are wondering where they fit in. Initiative 1114, which is sponsored by Restore Washington, an independent political movement focused on keeping government in check through the initiative and referendum process, seeks to provide the answer.

It’s not just a Washington question. In Idaho, the Associated Press reports the Legislature’s State Affairs Working Group is looking at draft legislation requiring “the governor to call the part-time Legislature back into session whenever the governor makes an emergency declaration.” There is currently no constitutional provision for the Idaho legislature to call themselves back into session.

Washington Gov. Jay Inslee has rejected calling a special session to deal with the budget gap created by the emergency response, in spite of pleas from legislators. Washington’s constitution has a provision that allows the Legislature to call itself into a special session, but it takes a two-thirds vote in both houses. It would require bi-partisan cooperation to clear that high bar and the Democrat-controlled Legislature is unlikely to go against the wishes of its leader in the governor’s office. A special session would be an opportunity for Republicans to propose legislation limiting the governor’s emergency powers, and that would be a hard vote for some legislators to take.

“If we didn’t have Democrats in power in Olympia, we could have the Legislature fix this,” said Shelley Sieverkropp, one of the I-1114 organizers. “That’s the whole point of Restore Washington, we’re doing through the initiative process what can’t be done through the Legislature.”

I-1114 would limit the governor’s emergency proclamations to 14 days unless extended by a vote of the Legislature. It would also require county-by-county declarations with specific reasons for declaring the emergency and “the specific facts under which order will be determined to have been restored in the area affected.”

Sieverkropp was at the park in Reardan on Monday afternoon, taking advantage of an open-air town hall event organized by supporters of Republican gubernatorial candidate Joshua Freed. About 50 people had gathered to stand under the trees, enjoying a sunny day with a light breeze and an opportunity to question one of the 36 candidates for governor. Freed pointed to the table and encouraged signatures.

“I’m running for governor, but I want my powers to be limited because it’s wrong to leave that much power in the hands of one man,” said Freed.

Restore Washington is building on lessons learned in its first initiative effort for I-1648, which would have overturned twelve taxes passed by the Legislature. That grassroots drive fell short in signatures but generated a network of over 66,000 active members. Sieverkropp first volunteered to help with a map of signing locations for I-1648 and is now one of three organizers for Restore Washington, along with Mike McKee and Cary Condotta.

“Nobody gets paid at Restore Washington,” said Sieverkropp, who owns a long-arm quilting studio. “That’s what makes us different from professional initiative writers. We want good solid initiatives that will stand up in court, get them on the ballot and do something.”

Expenses are primarily printing, postage and “excellent attorneys.” Donations are run through lspac.org, which is registered with the Washington State Public Disclosure Commission as a continuing political committee. Sharon Hanek of Pierce County serves as treasurer. Hanek also knows the power of organizing. She was the first person in Washington to make the general election ballot for a statewide office with a write-in campaign.

There are no paid signature gatherers for I-1114, relying on the network of volunteers to manage a network of signing locations. Sieverkropp’s web-based map shows them all. “If we end up with fifty locations in Spokane, you’ll be able to find all of them. If you don’t have a business in your town that will host a signing location, anyone can hold an event and we can flag it on the map, too.”

But finding host business sites hasn’t been a challenge, according to Sieverkropp. “Every small business has been hurt by the unchecked decisions of this governor. I took some petitions into a bar in Grant County and I thought I was going to lose my fingers, people were so eager to sign.”

So were those gathered in the park at Reardan. The Emergency Powers Act didn’t anticipate a never-ending state of emergency turning into government by proclamation instead of legislation. The I-1114 volunteers will be busy this summer.