I-1408, not I-1373. Attorney Joel Ard’s legal analysis prompts switch.

BONUS: I-1408 is sponsored by superstar legislator Jim Walsh.

Mon, Sept 20, 2021

The lawsuits challenging these taxes are doomed to fail. I explained why here.

The only way to forever kill off all current and future taxes based on personal income is with an initiative like ours RIGHT NOW.

Both I-1373 and I-1408 do that.

But after reviewing attorney Joel Ard’s thorough legal analysis, the choice is clear: we are switching over to Initiative 1408.

Here’s several excerpts from it:

“Initiative No. 1408 broadly bans the State of Washington and any county or city in Washington from collecting taxes based on personal income, regardless of how that tax is characterized.”

“Here, the ballot title broadly identifies that it concerns ‘state, county, and city taxes’ … This title complies with the subject-in-title requirements the Court imposes on ballot titles. This title gives a clear, terse description of the precise contents of the Initiative. All operative sections of the Initiative fall within this subject.”

“The initiative has an opening ‘intent’ section (Section 1) that recites the years’ long opposition to income taxes by Washington voters … Sections 2 and 4-11 all ‘fall fairly within’ the title’s subject of ‘state, county, and city taxes’ … Section 3 repeals the ‘excise tax’ on capital gains enacted last session which falls ‘fairly within’ the title’s subject. It is, in fact, directly and plainly described in that portion of the title.”

“I-1408 highlights throughout that it bans imposition of taxes based on personal income, ‘whether called payroll taxes, excise taxes, or any other name.’ It explicitly identifies, in the ballot title and content, a specific, unique, first-time-ever state excise tax that is ‘based on personal income’ (recently passed 2021 c 196 (Engrossed Substitute Senate Bill No. 5096) s 5). In order to fully implement a ban on such taxes, it must also repeal the only current state wide implementation of such a tax.”

“Does the initiative forbid Seattle from enforcing the ‘Jump Start’ payroll tax in Chapter 5.38 of the Seattle Municipal Code? … Section 6 specifically forbids cities ‘from imposing any tax based on personal income, whether called a payroll tax …’ (emphasis added). This serves as a permissible exercise of state legislative authority to override inferior local government laws, and thus bar collection of the cited tax.”

“The Initiative is a ‘complete act,’ under the Court’s Art. II s 37 jurisprudence. Here, the terse, clear text of the Initiative requires no reference to other statutes to understand the rights and duties it creates.”

“The Attorney General’s ballot title fairly and plainly restates its purpose: its single subject is preventing imposition of taxes based on personal income. … The initiative, if put on the 2022 ballot and passed, will undoubtedly face a court challenge. I believe its brevity and clarity, reflected in the ballot title, will allow it to survive that challenge.”

I-1408 is rock solid. Getting Joel’s stamp of approval is really helpful.

And there’s an added bonus: the sponsor of I-1408 is superstar legislator Jim Walsh.

Jim was named “Legislator of the Year” by Permanent Offense in 2020.

As Ronald Reagan was fond of saying: “There’s no limit to the amount of good you can do if you don’t care who gets the credit.”

We want to go forward with the best initiative and I-1408 is it. I’m particularly impressed with section 1 where Jim thoroughly explains what the initiative does and doesn’t do. Frankly, his version is better than ours so we’re switching to his.

You can read the complete text of the initiative here.

You can view the petition here: tinyurl.com/1408PetitionPDF

This is our ONLY opportunity to kill off these income-based taxes NOW AND IN THE FUTURE. This is our ONLY chance to get this critically important initiative on the November 2022 ballot (initiatives to the people next year will be impossible — California and other states are going to monopolize paid petitioners next year — Washington will never be able to compete).

Deadline to turn in voter signatures: Dec. 30th

Number of voter signatures needed: 400,000

Cost for a paid signature drive that guarantees I-1408 qualifies for the November 2022 ballot: $2.7 million.

To get that many signatures (400K) in such a short time-frame (Sept 9th through Dec 30th), we NEED a handful of “Mike Dunmires” to quickly step in and finance this signature drive.

In a 2005 edition of the Puget Sound Business Journal, super supporter Mike Dunmire explained why he donated so much: Why I donated $500K to Eyman’s initiative. He also said: “Washington’s been good to me, and I’ve been looking for a way to give something back, said Dunmire, 70. “Eyman is the only one out there who actually gets things done. Everybody talks,” Dunmire added, “but Eyman is all about action and getting in the trenches to fight for real solutions. The guy’s got guts, he takes the hits, and lets the voters decide. That’s appealing to me.” … Dunmire said he is willing to give more. “The limit is how long I live,” he said. “I call it public policy philanthropy — I’m not doing it for me, I’m doing it for the betterment of the state I live in and love.” 

We’re going to work really hard to find some Mike Dunmires to make I-1408 a reality. We NEED successful folks who are willing to break open their piggy banks to protect themselves and all of us from any kind of income tax NOW AND FOREVER.

Some of you can be a Mike Dunmire for this critical effort.

Many of you are friends with some Mike Dunmires.

Contact us if you’re able to connect us with them: 30tabs@gmail.com or 425-590-9363)

We’re eager for your feedback.

We love you all.

Larry, Tim, & Sid

To donate by check: Permanent Offense (I-1373), PO Box 6151, Olympia, WA, 98507 (include your occupation & employer on the memo line)
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