Lawyers and organizers say Washington income tax violates constitution; petition effort underway

Jackson Maynard, executive director of the Citizen Action Defense Fund, told a gathering of Mainstream Republicans of Washington that his organization has joined litigation challenging the state’s recently passed income tax (referenced in the discussion as legislation No. 6346).

“This case is going to determine who we are as a state and what we are as a state,” Maynard said, arguing the tax runs afoul of Article 7 of the Washington Constitution by treating income as property and exceeding the state’s 1% cap on certain levies. He said plaintiffs in the suit include a trucker and his wife, a builder and his wife, a farmer and his wife, and several business associations.

Steve Gordon, co-chair of Let’s Go Washington and a longtime trucking-industry executive, told attendees the tax will reach far beyond "millionaires" and said it affects S corporations, LLCs and family-owned businesses. “It affects every S corp, LLC, LLP, sole proprietorship in the state,” Gordon said, urging organizers to emphasize the tax’s impact on small, local businesses and everyday household budgets.

Panelists also described the signature-gathering campaign. Gordon and other speakers said organizers collected roughly 92,000 signatures in the initial push and are aiming for about 700,000 to send a political signal and ensure the measure appears on the ballot; panelists said petition packets were mailed and are also available at the venue.

The panel described two parallel tracks: a court challenge arguing the tax is unconstitutional and a petition drive to qualify either a repeal or a referendum question for the ballot. Maynard said the litigation includes an amended complaint alleging a single-subject violation and that the suit was filed in Klickitat County. He said his legal team includes former state Attorney General Rob McKenna and former state Supreme Court Justice Phil Talmadge.

Rob McKenna and other panel participants predicted the petition campaign can reach the stated goal; one participant in the audience said organizers would reach 700,000 signatures.

Next steps: organizers said petition packets were being distributed immediately and litigation will proceed through the courts; Maynard said the case may ultimately reach the state Supreme Court.