THE SETUP – Undisclosed Hearings to invalidate the Initiatives

Friday afternoon I received an urgent phone call informing me that, “The Washington State Supreme Court is deciding a case in two hours on the Let’s Go Washington initiatives.” The case has been in motion since January 2024. We have received not one word nor one peep from the Attorney General (AG) or from the Washington Secretary of State (SOS) offices that we should even be aware of this case. We found out about it because a reporter Jerry Cornfield happened to be looking at the docket of the Washington State Supreme Court that morning, Friday, August 9.

SOME DETAILS – TWO CASES to invalidate the Initiatives

There were in fact two cases before the Washington Supreme Court both filed by people or groups that have given money to the AG Bob Ferguson’s run for governor (but that is just a completely random unrelated koinkidink).

First, Defend Washington, a Political Action Committee (PAC) funded by Nick Hanauer, SEIU & WEA Union Bosses, and his wealthy elitist friends which is run by Nick’s Civic Ventures organization. The second case was filed by the Washington Conservation Action Education Fund.

Both cases were against the SOS accusing the SOS of wrongly certifying in Case 1 all six of the original Let’s Go Washington initiatives; and in Case 2, wrongly certifying I -2066 preventing ban on natural gas in the state. The cases together claimed that the SOS had improperly certified all 7 initiatives and that they should all be thrown out.

The nature of the claim seems to have been that the method used by the SOS since the 1970’s was not a proper way to validate voters and that simply verifying signatures was not enough and therefore all 7 initiatives should be invalidated.

The first case was dismissed by a Superior Court Judge in April finding the SOS followed the law. The appeal should have then gone to the appellate court, but the plaintiffs asked for expedited action which sent it directly to the Washington State Supreme Court.

Still no notification to me or Let’s Go Washington whatsoever by any party that such a momentous and potentially consequential action was being taken against the initiatives.

The supreme court could have rejected the case out of hand but they agreed to hear claims and findings.

In the documents filed, my name was mentioned directly as was Let’s Go Washington. I was accused of wrongdoing and of breaking the law to collect the signatures in the filings by the plaintiffs. How is this appropriate in our system for a complete blackout of information about that accusation to me or Let’s Go Washington?

We had only two hours to try to figure out what was going on and we had no possibility to get anyone down to the Washington State Supreme Court to intervene and to protect our position within the short time frame. And even if we had, the case was heard behind closed doors, not open to the public.

The Attorney General’s office was tasked with defending the SOS against the charges, which they did, and fortunately both cases were dismissed with a unanimous decision by all attending Justices.

We were only two hours away from having all of our efforts to give Washingtonians a vote being taken away with not one single notice that these murky efforts were going on!!!

This whole process leaves me with a number of questions: Why were we never notified by any party that this stealth lawsuit was working its way through the system? -The AG knew about this but said nothing,. Why?

Several of the plaintiffs are donors to the AG’s campaign, should this not have made him even more sensitive to either recuse, or notify us that this was going on?

I have praised SOS Hobbs for the prompt and professional nonpartisan way in which he and his staff handled the counting and certifying of the Initiatives. I am concerned however, that to my knowledge, neither he nor anyone from his staff ever reached out to me or anyone at Let’s Go Washington… Why this huuuuge oversight?

The Plaintiffs – Defend Washington

Why does Nick Hanauer and the union bosses helping fund his efforts want to prevent you from having a chance to vote?

Do you remember the SEIU tactics:

• Set up a snitch line asking for physical descriptions of signature gatherers?
• Then launch an intimidation tactic to scare off paid signature gatherers;
• Followed by a bribe of between $4,000 and $15,000 for signature gatherers to move to Florida until the end of December when time would run out to collect signatures.

You won’t remember but I do when the union bosses teamed up with Nick Hanauer to file frivolous complaints with the PDC against Let’s Go Washington.

Their message is very clear… Don’t you dare challenge the One-Party Control or we will make you pay for your audacity!

Question:

• Why are they trying to threaten me?
• Why are they so afraid of your vote?
• Why does the Founder of Zumiez want to take away your vote?
• Why does a regent at the University of Washington want to prevent you from voting?
• Why is FUSE Washington so actively trying to stop your vote?
• What is Civic Ventures doing behind their vague PDC filings?

I am just getting started with my questions, but you should have a bunch as well

Over 1.2 million of you signed at least one initiative and these guys allegedly tried to collude with the AG in the shadows to get them disqualified.

Here are some of the funders of this dirty shenanigan Shame, shame, shame!

There is corruption in this state beyond what I even imagined.  You should be mad. Share with and tell your friends what we are up against!!!!

History of Case 1 by Defend Washington, Susan Young, Sharon Chen (2081, 2117, 2109, 2111, 2124)

• January 23, 2024 – Complaint filed in Thurston County under RCW 29A.72.240. Seeks to enjoin the Secretary from certifying the Initiatives to the Legislature
• February 12, 2024 – Secretary Hobb’s Motion to Dismiss. Argues Petitioners are wrong on every aspect of the law. Only signatures of valid voters are required, not addresses.
• March 29, 2024 – Defend WA files response. Engaged Field Works to review the petition signatures after public records request for copies of petition sheets
• April 12, 2024 – Hearing on Motion to Dismiss. Superior Court grants motion to dismiss.
• April 17, 2024 – Notice of Appeal/Direct Review by Defend Washington to Washington State Supreme Court (WSSC).
• May 2, 2024 – Statement of Grounds for Direct Review by WSSC under RCW 29A.72.240, which permits review by WSSC within five days.
• May 21-July 9, 2024 – Merits Briefing on Challenge. Drops challenge to 2081 and 2111 as moot because adopted by legislature.
• July 11-July 24, 2024 – Defend WA motion for Accelerated Review/Injunctive Relief and subsequent briefing. Seeks to enjoin placement of 2109, 2117, and 2124 on ballot.
• July 12, 2024 – WSSC issues letter to parties that court will consider motions for expedited review/injunctive relief without oral argument at special En Banc Conference on August 9, 2024. At same time, will decide whether case should be retained for decision or transferred.
• August 9, 2024 – WSSC En Banc Conference. A unanimous decision that superior court properly dismissed. The Secretary of State complied with state law and constitution in verifying signatures on the initiative petitions. An opinion explaining rationale will be forthcoming.

Timeline of case 2 by No on 2066 Committee (later substituted with Washington Conservation Action Education Fund), Tony Usibelli, Nancy Henderson (I-2066 only)

• July 16, 2024 – Motion for Expedited Consideration of Affidavits For Prevention & Correction of Election Errors – Filed Directly WSSC under RCW 29A.68.013. Seeks an order to (1) stop the Secretary from counting any signatures that lack an accompanying address and signatures from inactive voters and (2) review any signatures already counted and set aside any that do not have an accompanying address or from inactive voters. Argues that Let’s Go Washington gathered an improbably large number of signatures for I-2066 in shorter time than previous six initiatives.
• July 16, 2024 – Letter from WSSC will consider matter at En Banc Conference on August 9, 2024
• July 23, 2024 – Motion to Amend and to Change Case Title. Substitute No on I-2066 Committee with Washington Conservation Action Education Fund because of ministerial error. Unopposed by State.
• July 24, 2024 – Granting leave to amend caption.
• July 25, 2024 – Secretary Hobbs’ Brief opposing Motion under RCW 29A.68.013
• July 29, 2024 – Reply to Motion.
• August 9, 2024 – WSSC En banc conference. Petition Dismissed. Relief sought must be under RCW 29A.72.240, not RCW 29A.68.013. An opinion explaining rationale will be forthcoming.

Brian Heywood, founder of Let’s Go Washington

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