Justices toss out Eyman tax initiative; I-722 would have curbed growth in property levies

OLYMPIA — The state Supreme Court yesterday struck down another Tim Eyman tax initiative, but the ruling did not strike any legal blows to a new Eyman initiative set to go before voters this fall.

The court ruled that Initiative 722, which voters approved last year, violates a provision in the state constitution that limits laws to a single subject. The initiative would have limited property-tax growth to 2 percent a year and rolled back certain tax and fee increases.

It never went into effect because a group of cities, counties and individuals challenged it immediately in court. A Thurston County Superior Court judge in February ruled the initiative unconstitutional, a decision the state's high court unanimously upheld.

"I-722 necessarily required the voters who supported one subject of the initiative to vote for an unrelated subject they might or might not have supported," Justice Charles Johnson wrote in his majority opinion.

"Because we cannot know if either subject of I-722 would have garnered popular support standing alone, we must declare the entire initiative void."

King County Assessor Scott Noble, one of I-722's main opponents, called the decision "a victory for the average taxpayer."

He said I-722 would have jeopardized $150 million in King County taxes, putting a bigger burden on small-business owners, seniors and people whose property did not increase in value.

"Voters are very frustrated with property taxes, but I-722 wasn't going to solve the problem," Noble said yesterday. "This kind of cure was worse than the disease."

It was the second time an Eyman initiative has been struck down for violating the single-subject rule.

The Supreme Court last year threw out Initiative 695, a 1999 measure to abolish the state's car-tab tax and require public votes on all proposed tax increases. By then, lawmakers had already gone ahead and killed the car-tab tax, saying they wanted to carry out the will of the voters.

Lawmakers have not tried to rescue I-722, but voters will soon get another chance to limit property taxes.

Eyman's latest effort, Initiative 747, would limit property-tax increases to 1 percent a year. Local government officials would have to get voter approval for larger increases. The measure will be on the Nov. 6 general-election ballot.

Eyman said he is confident that voters will have the final say this time around. He said I-747 was carefully written to make sure it complies with the single-subject rule. It is his first initiative drafted after the Supreme Court threw out I-695.

"We're dumb, but we're not stupid," Eyman said yesterday. "We've never had a problem with voters supporting us. The only problem we've had is with the courts."

As he did after previous court setbacks, Eyman predicted the Supreme Court's ruling would rile voters and give his next initiative a "tremendous boost."

Though I-722 was approved after the Supreme Court threw out I-695, another Eyman initiative on the ballot last year — one to reserve most transportation spending for road construction — was defeated at the polls.

Christian Sinderman, spokesman for the No on I-747 Committee, agreed Eyman's latest initiative is on solid legal ground. But he said yesterday's ruling is still a blow for Eyman.

"It reaffirms the fact that Eyman has difficulty interpreting the law," Sinderman said. "He's more interested in making a big media splash than he is in making good public policy."