The Democrats Trap – Part 2 (here’s the biggest difference between a referendum and an initiative to get rid of Inslee’s Income Tax bill)

Wed, March 10, 2021

Does anyone doubt that Democrat Attorney General Bob Ferguson will move heaven and earth to get Inslee’s Income Tax bill approved by voters?

Of course he will.

Here’s how.

After Inslee signs ESSB 5096 into law, someone will be able to file a referendum on the bill. It’ll then get forwarded to Ferguson where he is tasked to describe it with a ballot title (and his description is what appears on the ballot for the voters to vote on).

The first part of it comes from the bill’s title. ESSB 5096’s bill title reads: AN ACT Relating to investing in Washington families and creating a more progressive tax system in Washington by enacting an excise tax on the sale or exchange of certain capital assets.

So on the ballot, it’ll start out this way:

Referendum Measure ###

Passed by the Legislature and Ordered Referred by Petition:

The Legislature passed Engrossed Substitute Senate Bill 5096 concerning investing in Washington families and creating a more progressive tax system in Washington by enacting an excise tax on the sale or exchange of certain capital assets, and voters have filed a sufficient referendum petition on this bill.

After that, the AG’s description of the bill’s policies will appear. Based on 8 years of experience with this Attorney General (along with 14 years experience with previous AG’s) and after deep-diving the language in ESSB 5096, it’ll be this:

This bill would enact a certain excise tax, with exemptions for real estate, livestock, timber, and any transaction below $250,000, and would dedicate the first $350,000,000 to the education legacy trust account for early learning and child care for low-income households, with the remaining deposited in the taxpayer fairness account to offset existing tax burdens by funding the working families’ tax exemption.

Should this bill be:

[  ] Approved
[  ] Rejected

Every word of that comes directly from the bill. And no judge in Thurston County’s kangaroo court is going to change it (if the referendum sponsor hires a lawyer and wastes a couple of weeks challenging the ballot title).

The high-priced political consultants (the same ones who ran the losing R-90 and R-74 campaigns) will say “don’t worry, with a targeted TV, radio, and direct mail campaign — combined with an aggressive grassroots campaign — we will educate the voters that they should reject the referendum because it’s actually an income tax, not an excise tax.”

Ya, good luck with that.

Now let’s look at the ballot title the AG has already assigned to our initiative:

This measure would prohibit state and local governments from imposing any tax on personal income, whether net, gross, or adjusted gross income, capital gains income, or any other portion, or type of income. Should this measure be enacted into law? Yes [  ]  No [  ]

That’ll get 70% of the vote.

Monday’s update has generated a tremendous amount of buzz (“Democrats set a trap for us in their Income Tax bill — DON’T LET OUR SIDE FALL FOR IT … AGAIN!”).

Hopefully, today’s update makes the situation even clearer.


Qualifying initiatives for the ballot is really tough — but we’ve done it 17 times. Getting voter approval for initiatives is really challenging — and yet we’ve done it 11 times.

We’ve been successful because we always stay on offense: PERMANENT OFFENSE.

I’m 100% committed to appealing these ridiculously unconstitutional restrictions on the First Amendment because if they get away with it with me, you could be next!

But we need your help to do it.

Please donate to my legal defense fund here:

By Paypal

By Debit Card or Credit Card
Or mail a check: Tim Eyman Legal Defense Fund, 500 106th Ave NE #709, Bellevue, WA, 98004

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

Karen and I sacrificed a lot — we sold off our retirement fund to kickstart its signature drive:

And now, a message from Sid Maietto and Larry Jensen: 

We’re asking folks to donate to our PAC so Tim can get paid back. And your donations will also help stop Inslee’s Income Tax and Carbon Tax Schemes with the initiatives we’re co-sponsoring with Tim.

The taxpayers of Washington need our help now more than ever. Donate to our political committee so we can keep fighting for you:

By Paypal
By Debit Card or Credit Card

Or mail a check — made payable to “Permanent Offense” — to: Permanent Offense, PO Box 6151, Olympia, WA, 98507.

Kindest Regards, 

Sid Maietto & Larry Jensen

— END —

Thanks everyone.

I love you all.

Tim