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Washington Supreme Court Blocks Referendum on High-Income Tax

The ruling directs opponents to pursue an initiative, not a referendum.

Overview

  • The Washington Supreme Court, in a unanimous order Monday, blocked a referendum on ESSB 6346 by finding the tax law falls under the constitution’s exception for measures 'necessary for the support of the state government'.
  • The justices said the Secretary of State has no duty to process the referendum because lawmakers attached a 'necessity' clause that shields the bill from a public vote.
  • Let's Go Washington said it will pivot to an initiative, which needs more than 400,000 voter signatures to reach the 2026 ballot.
  • A separate lawsuit challenging the tax’s constitutionality remains pending, with former Attorney General Rob McKenna joining a case led by Citizen Action Defense Fund.
  • The law imposes a 9.9% tax on income above $1 million and is set to take effect in 2028 with collections beginning in 2029.