King County Judge Marshall Ferguson’s decision to uphold I-976 shows the supreme court is corrupt. He did his job, the 9 high court judges did not

by | Oct 23, 2020

The people are on our side. 

The state supreme court is not.

Anything goes for liberal initiatives:

But we all know it’s totally different with conservative initiatives.

It’s not supposed to be that way.

When an initiative is approved by voters, judges are required to bend-over-backwards to uphold them — initiatives, and legislative laws, are assumed to be constitutional and there’s a very heavy burden to prove they’re not. 

The state supreme court struck down our initiative because they said AG Bob Ferguson’s description of I-976 was “misleading and deceptive” (BALLOT TITLE) and that requiring Sound Transit to retire its bonds had no relationship with limiting vehicle taxes and fees (SINGLE SUBJECT). 

King County Judge Marshall Ferguson’s decision to uphold I-976 is worth re-reading.  

Because it shows that the state supreme court is corrupt. 

All 9 of the judges on the high court stole I-976 from us. 

Despite Judge Ferguson’s clear inclinations to strike down I-976 (he’s a liberal judge from Seattle who was appointed by Jay Inslee and his employer was the plaintiff), he upheld it.

SINGLE SUBJECT

(Judge Ferguson’s ruling, pages 13-17 & 23, https://tinyurl.com/976CourtRuling): “Because I-976 generally “concerns motor vehicle taxes and fees,” its various substantive provisions need only be germane to that topic … Sections 2 through 11 and Section 13 of I-976 directly address motor vehicle taxes and fees by repealing, reducing, or removing authority to impose assorted taxes and fees on motor vehicle sales or licensing. … Section 12 is germane to the general subject of motor vehicle fees and taxes because it is intended to ensure that one type of repealed motor vehicle tax, the special MVET levied and collected by Sound Transit, is no longer collected. Section 12 accomplishes this by requiring that bonds repaid by special MVET revenues must be retired early, defeased, or refinanced. A prior initiative measure, I-776, attempted to eliminate Sound Transit’s authority to collect special MVET by repealing RCW 81.104.160 without requiring bond retirement. The Washington Supreme Court ultimately held such repeal unconstitutional because it impaired contracts between Sound Transit and its bondholders by eliminating the tax revenues pledged for bond debt repayment (Pierce County II). In the present case, by making the elimination of Sound Transit’s authority to levy and collect its special MVET contingent upon Sound Transit’s ability to retire, defease, or refinance its outstanding bonds, Section 12 of I-976 is a mechanism to avoid the unconstitutional flaw the Supreme Court identified in Pierce County II.  Section 12 is a necessary precursor to the repeal of MVET tax authority  Since Section 12 is necessary to implement Sections 10 and 11 (which repeal Sound Transit’s car tab tax), both of which are germane to the general subject of motor vehicle taxes and fees, Section 12 is likewise germane to the same general subject.  all of I-976’s provisions operate in a coordinated, conjunctive way to serve a unified legislative goal of repealing, reducing, or removing authority to impose motor vehicle fees and taxes. They are germane to each other and to I-976’s general subject. … Section 12 is necessary to achieve the repeal of the special MVET … as such, Section 12’s impact upon existing bonds is directly related to facilitating the tax repeals and reductions. … the Court concludes that Plaintiffs have failed to satisfy their burden of establishing, beyond a reasonable doubt, that I-976 violates the single-subject rule of Article II, section 19 of the Washington Constitution.”

That makes perfect sense. 

All 9 judges on the state supreme court received Judge Ferguson’s well-reasoned ruling. And in their decision, they acknowledged that Section 12 was needed to eliminate Sound Transit’s car tab taxes:

“Section 12 requires Sound Transit to retire early, defease, or refinance existing bonds … The initiative drafters may have been trying to avoid the impairment of contracts problems that was fatal to Initiative 776 (I-776) in Pierce County II. Sections 10 and 11 (that repeal Sound Transit’s car tab taxes) come into effect only if Sound Transit can lawfully retire, defease, or refinance the bonds.” (page 11)

Yet despite acknowledging this clear nexus and connection, they go on to ignore it:

“Section 12, which requires Sound Transit to retire, defease, or refinance bonds, is not germane to limiting vehicle taxes and fees … section 12 is an unconstitutional second subject.” (page 16)

Judge Ferguson did his job — the 9 judges on the high court did not.

BALLOT TITLE:

(Judge Ferguson’s ruling, pages 19-23 https://tinyurl.com/976CourtRuling): Like the single-subject rule, the subject-in-title rule is to be liberally construed in favor of the legislation. At the preliminary injunction phase of this case, this Court concluded that Plaintiffs were likely to prevail on their subject-in-title claim. Now, upon consideration of the parties’ additional arguments and authorities, the Court concludes the Plaintiffs have failed to satisfy their heavy burden of establishing a violation of Article II, section 19. The ballot title does not mislead … Nowhere does the ‘voter-approved charges’ exception identify with specificity which ‘charges’ would be allowed to exceed the $30 annual limit. Ultimately, a plain reading of I-976’s ballot title indicates to an inquiring mind the scope and purpose of the initiative, and gives notice that would lead to an inquiry into the body of the act. Voters wondering whether their favored local fee or tax would survive I-976 would have received no assurance either way from the ballot title. … Liberally construing I-976’s ballot title in favor of the initiative, as the Court must, the Court concludes that is satisfies the subject-in-title rule. Since the first clause of I-976’s ballot title makes clear that certain fees and taxes would be repealed or removed, the second clause does not mislead by indicating that non-specified ‘voter-approved charges’ would exceed the $30 limit.”

Despite the trial court’s decision, the high court ruled AG Bob Ferguson’s description was “misleading and deceptive.” 

Yesterday I explained all the ways the AG purposely sabotaged I-976:  https://tinyurl.com/AGBobFergusonSabotaged976

At the original preliminary injunction hearing, the AG’s legal malpractice was so bad that I stood up in court and told the judge directly (WATCH THIS SHORT 19 SECOND VIDEO): 

https://youtu.be/rVpMJH5hQQA

I do not regret putting $500K of my own money on the line for this worthy effort. 

I’ve committed my life to fighting for taxpayers and we will not allow corrupt judges and arrogant politicians to stop us.

AG Bob Ferguson’s lawsuit against me seeks a lifetime ban on all my future political activity.

Please help me survive it.

I really need your help to survive AG Bob Ferguson’s investigation / litigation / persecution of me and my family. The only reason we’re still here is thanks to the heartfelt prayers and generous support from friends like you.

Please help with that (BACKGROUND: TimDefense.com):
Paypal: paypal.com/paypalme/timdefense
GoFundMe: gofundme.com/Help-Tim-Eyman-Survive-Fund/donate
Mail-in donation:
Tim Eyman Legal Defense Fund
500 106th Ave NE #709
Bellevue, WA, 98004

In addition, we worked really hard on our $30 Tabs Initiative.

We got I-976 qualified, passed, and upheld by that King County Judge (it’s still on hold because of the AG’s sabotage). Karen and I sacrificed a lot — we sold off our retirement fund and loaned $500K to kickstart its signature drive.

We’re asking folks to donate so we can get paid back. Please help with that:
Credit card/Paypal: https://permanentoffense.com/donate/
Mail-in donation:
Permanent Offense
PO Box 6151
Olympia, WA, 98507
(memo line: Repay Eymans’ loan)

Thanks everyone.

I love you all.

Tim