This Washington

Extra Fizz: State Senator Says Eyman's 1053 Is "Unconstitutional"

By Erica C. Barnett December 6, 2010

Southeast Seattle state Sen. Adam Kline (D-37) said in a recent letter that there was "little doubt" that Tim Eyman's Initiative 1053, which requires a two-thirds majority of the state legislature to raise taxes, violates the state constitution. "Personally," he wrote, he believes “there’s little doubt that the supermajority requirement of I-1053 is unconstitutional." However, he added, "there is the political question of whether we want to litigate this, and be seen as once more “'against the will of the people,'” 64 percent of whom supported 1053 in November.

Additionally, "there’s the legal question of who has standing to bring this lawsuit, and how to tee it up." Asked last week whether the Transportation Choices Coalition, which wants the legislature to create new revenue sources for transit and other alternatives to driving alone, would consider bringing a lawsuit against the measure, TCC director Rob Johnson said, "We're not going to file a constitutional challenge. We don't have the authority, nor is it within our work plan."
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