OLYMPIA—The Washington State Supreme Court has agreed to review an emergency petition brought by Let’s Go Washington after the political action group was denied a referendum to repeal SB-6346, the income tax bill signed into law by Governor Bob Ferguson on March 30.
“At the direction of the Court Commissioner, the emergency motion for accelerated review is granted,” correspondence from the Supreme Court reads according to Brian Heywood, founder of Let’s Go Washington.
The court will consider petition of writ of mandamus at its April 30, 2026, en banc conference which means the whole court or at least a quorum of the court will rule on the matter. The attorneys for the Secretary of State’s Office have until April 14th to reply to Let’s Go Washington’s petition that must be filed no later than April 10.
“We expect a decision then by the end of the month on our ability to run a referendum,” Heywood shared.
The petition requests the Court to compel the Secretary of State to allow the referendum process to commence. If successful, Let’s Go Washington has until June 10—just weeks away— to submit at least 154,455 eligible signatures to qualify for the November 2026 General Election ballot.
Heywood is asking Washingtonians to pre-order signature sheets to expedite the signature collection process.
“We need our army to be ready to collect signatures ASAP so please pre-order your petition packets today so we can move quickly should we win our case,” Heywood released in his statement.
Senate Bill 6346 enacts a 9.9% income tax on annual income above $1 million. The bill passed the full Senate on a 27-22 party-line vote Feb. 16 and the House on a 51-46 vote March 10 after a near 25-hour Republican-led marathon debate.
The new statewide income tax applies to both residents and nonresidents with Washington-sourced income, hits pass-through entities such as LLCs and S-corps while exempting C-corps, and carried a $1 million standard deduction.
Ferguson described the measure as a historic step to address the state’s regressive tax system.
“It’s been a long journey to get here, but because of the hard work of so many folks, it’s a historic day for Washingtonians,” Ferguson said at the bill signing adding, “I’m proud to join all of you in making history today.”
An item of contention by Let’s Go Washington and bi-partisan critics, besides alleging the unconstitutionality of the income tax bill, lies with its “necessity clause” which normally blocks a referendum.
A referendum allows voters reject a law already passed by the Legislature. Citizens collect signatures to force the law onto the ballot for an up-or-down vote and is considered the “people’s veto” process.
According to page 109 of SB-6346, “NEW SECTION. Sec. 1208. The tax imposed in this act is necessary for the support of the state government and its existing public institutions.”
Once this is included in a bill’s language, the law takes immediate effect (or on its stated date) and cannot be referred to voters for a repeal vote—aka a referendum. This is a common legislative tactic, though critics argue it’s often abused for non-emergency policies such as with the now signed income tax law that does not take effect until 2028.
According to Article II, Section 1(b) of the Washington Constitution: “…the referendum… may be ordered on any act, bill, law, or any part thereof passed by the legislature, except such laws as may be necessary for the immediate preservation of the public peace, health or safety, support of the state government and its existing public institutions….”
Let’s Go Washington argues that Secretary of State’s Office is misinterpreting Article II, Section 1(b) of the Washington Constitution regarding the eligibility for a referendum by the people.
According to the Secretary of State’s Office the Washington State Supreme Court has long interpreted the ‘immediate preservation of the public peace, health, and safety’ clause and the ‘support of state government and its existing public institutions’ clause as independent. Let’s Go Washington attests these are not independent but conditionally dependent.
The Washington State Supreme Court since 1961 in Hoppe v. Meyers has long interpreted Article II, Section 1(b) of the Washington Constitution as creating two separate and distinct exceptions to referendum power:
- One for laws necessary for the immediate preservation of the public peace, health, or safety (requiring an actual emergency), or
- One for laws necessary for the support of state government and its existing public institutions (which does not require immediacy).
The nine-person 1961 Supreme Court was well balanced with three justices either appointed by a Democratic governor or aligned with Democratic Party ideology; whereas four justices were either appointed by Republican governors or aligned with conservative principles.
Since the unanimous en banc Hoppe v. Meyers decision, the Supreme Court has read an “or” into the text before “support” just prior to “or safety” and has consistently treated the clauses as independent alternatives. It has subsequently reaffirmed this interpretation in the following cases:
- Farris v. Munro, 99 Wn.2d 326 (1983) (“This court has consistently analyzed this language as creating separate and distinct exceptions, [citing Hoppe]).
- Washington State Farm Bureau Federation v. Reed, 154 Wn.2d 668 (2005).
- Most recently, Eyman v. Hobbs (No. 104117-9, slip op. Nov. 6, 2025), which again described the provision as containing “two separate and distinct exceptions.”
If Let’s Go Washington fails to convince the Supreme Court to overturn precedents or fails to turn in the required signatures if the referendum is allowed, it can elect to pursue an initiative to repeal the income tax.
An initiative (by the people) can propose a new law or amendment to repeal the income tax law as there is no exemption for initiatives based on emergency clauses. However, the signature threshold is double that of a referendum with 308,912.
Let’s Go Washington can elect for an Initiative to the People which would require valid signatures by July 2, 2026 (three additional weeks from the June 10 deadline of a referendum) to qualify for the November 2026 General Election; or an Initiative to the Legislature which would require valid signatures by December 31, 2026. If the legislature fails to adopt the Initiative to the Legislature, it will appear on the 2027 November Election ballot.
Since 2023, the Secretary of State has qualified nine initiatives by Let’s Go Washington of which four were adopted into law and two will be on the November 2026 ballot:
- IL26-001 — Strengthen Communication Between Parents and Schools (re-enact original I-2081 parental rights language). Status: Qualified for the November 2026 ballot (voters will decide).
- IL26-638 — Protecting Fairness in Girls’ Sports (require biological sex verification for female-designated interscholastic sports; bar biologically male students from female categories). Status: Qualified for the November 2026 ballot (voters will decide).
- I-2066 — Stop the Gas Ban / Protect Energy Choice (natural gas access for utilities and customers; repeal certain building/energy code restrictions).
Status: Passed by voters (52% Yes) and adopted into law. - I-2081 — Parental Rights / Parental Notification (rights to review school materials/records, notifications, opt-outs).
Status: Adopted by legislature (became law without ballot vote; later partially amended, leading to the 2026 follow-up). - I-2109 — Repeal the Capital Gains Excise Tax.
Status: Rejected by voters. - I-2111 — Prohibit State (and local) Income Taxes.
Status: Adopted by legislature (became law without ballot vote). - I-2113 — Reasonable Police Vehicular Pursuit (remove certain restrictions on pursuits).
Status: Adopted by legislature (became law without ballot vote). - I-2117 — Stop the Hidden Gas Tax / Repeal portions of the Climate Commitment Act (cap-and-invest / carbon credit trading).
Status: Rejected by voters. - I-2124 — Opt Out of WA Cares (long-term care payroll tax/program).
Status: Rejected by voters.
Almost 4 million Washingtonians have signed Let’s Go Washington initiatives yielding a 57% success rate (4 of 7 initiatives). According to the PDC, as of March 2026, Let’s Go Washington has spent $22,139,745.11 on changing Washington state law with its founder Heywood personally contributing $13,436,457.15 plus hundreds of hours in lobbying efforts.
At a legislative preview hosted by the Washington State Association of Broadcasters and Allied Daily Newspapers of Washington in January 2023, House Speaker Laurie Jenkins (D-Tacoma) shared her disdain for Let’s Go Washington and specifically its founder, Heywood, comparing their efforts to the “Robber Barons” of the 19th century.
“I am very sadden when I think about why the initiative process was established in this state… It was really like the big railroad barons that folks didn’t want taking over this state,” Jenkins said. “Now what we have is an ultrawealthy, multi-millionaire trying to buy his way onto the ballot.”
Author: Mario Lotmore
