Tues, July 28, 2026

To: Our thousands of supporters throughout the state
(cc’d to the media, house & senate members, and Governor, and other candidates for office)

From: Tim Eyman
Fighting for taxpayers for 29 years

In 2021, the Democrats passed a capital gains income tax.

An initiative was filed that same year to overturn it but because there was such a short amount of time for the signature drive, it never got launched.

So in 2022, the Democrats knew another initiative was coming.

So to sabotage that and to derail all future initiative that would limit any other taxes, the Democrats passed a law that empowers the Attorney General to throw a monkey wrench into the gears of any tax initiative that qualifies for a public vote. 

Here’s how it works:

When an initiative is first filed with the Secretary of State, it is sent to the Attorney General’s office and they are legally required to write a neutral, unbiased description — called the ballot title — of what the initiative does.

Ballot titles play a huge role. In a 2000 ruling, the state supreme court wrote: “Often voters will not reach the text of a measure or the explanatory statement, but may instead cast their votes based solely on the ballot title.” 

The AG wrote and issued the official ballot title for Brian’s No Income Tax Initiative on May 4th.

Brian then printed up petitions and every petition that was circulated by all of us prominently displayed the ballot title on the front of the petition for voters to see and read.

That’s exactly what 511,043 voters signed on to.  

But on July 23, the AG changed the wording.

The next day, a liberal activist named Arthur West filed a lawsuit to strike down that 2022 law that allows the AG to do that.

Here’s a surprisingly balanced news story about it:

New WA ‘millionaires tax’ lawsuit challenges ballot language 

By Shauna Sowersby, Seattle Times, Sat, July 24, 2026

A lawsuit filed Thursday challenges the constitutionality of the public investment impact statement that will appear on the November ballot alongside an initiative to repeal the state’s “millionaires tax,” opening a new legal front over the tax since it was signed into law by Gov. Bob Ferguson.  

The lawsuit, filed by open government advocate Arthur West in Thurston County Superior Court, names Secretary of State Steve Hobbs and Attorney General Nick Brown as defendants.  

Rather than disputing the tax itself, West’s lawsuit asks whether lawmakers can require government-written language to a citizen initiative to be added to an initiative after the petition process is complete. The case could have broader implications for how Washington’s citizen initiative process operates. 

Under state law, the Attorney General’s Office must prepare impact statements for initiatives that would repeal or change taxes and fees in ways that could affect state revenue. Those statements are added only after signature gathering has ended and an initiative has been certified for the ballot, appearing on the ballot between the initiative description and the question presented to voters,

The Attorney General’s Office released the statement for the repeal income tax initiative, I-645, Thursday. It says: “This measure would decrease funding for public K-12 education, higher education (including universities and community colleges), and human services (primarily healthcare).” West argues that statement also violates the law’s own requirement that impact statement remain neutral and not prejudice the outcome of the election.

Supporters of the repeal initiative are also considering a separate legal challenge to the disclosure. Let’s Go Washington, which is running the I-645 campaign, in a news release Friday, argued the statement is inaccurate because the tax revenue has not yet been collected or allocated, making it impossible, in the group’s view, to decrease funding that does not currently exist. 

The requirement to add a statement is relatively new. Democratic lawmakers approved the law in 2022, and then-Gov. Jay Inslee signed it that March. It took effect in June 2022.

West said he supports an income tax on high-earners but worries lawmakers may eventually lower the income threshold — a concern he said prompted him to sign I-645 while supporters were collecting signatures.

West said the state could publish the information elsewhere, such as in the state voters’ pamphlet, but argued placing it directly on the ballot is too “heavy-handed.” Mike Faulk, a spokesperson for the attorney general’s office, said the requirement “ensures voters receive information about initiatives they are asked to decide,” and added that the office looks forward to defending it. 

“I’m not doing this to derail the initiative or to promote the initiative,” said West. “I’m doing this to support the people’s right to petition and to adopt laws independent of the Legislature.”

West also contends the 2022 law violates the separation of powers by allowing the Legislature to interfere with a constitutional right.  

West points to a 2023 Change Research poll that found public investment impact statements reduced support for ballot measures by 15-19 percentage points.

The disclosure requirement has been challenged before. In 2024, Rep. Jim Walsh, R-Aberdeen, sued to block the statements from appearing on the ballot. Courts rejected the case, saying he used the wrong legal process and that the challenge needed to be brought through a lawsuit seeking a court declaration and an order requiring action.

West, a prolific litigator in the state, is seeking that type of relief in the new lawsuit, asking the court to declare the 2022 law unconstitutional and prevent the state from including the statement on the ballot.

— END —

It’s taken me several days to get a copy of his lawsuit but I finally did. I urge you to read it — I think it’s absolutely brilliant (click on image):

If that doesn’t work, click here to read it: tinyurl.com/WestLawsuit
 
Even though he’s a liberal activist, I remember he testified last year against a Democrat-backed anti-initiative bill — so he’s not new to this fight — you can watch his testimony here:

If that doesn’t work, click here.

The Center Square reports that his court hearing is on Aug 7th. Regardless of how the judge rules, it will be appealed to the state supreme court and they’ll issue their ruling on Aug 21st.

I’m trying to get a copy of Brian Heywood’s lawsuit and I’ll share that with everyone when I get it.

These 2 separate lawsuits attack the AG’s sabotage different ways — we just need one to succeed.

We are BEYOND BLESSED that these 2 heroic men are fighting for our rights. Pray for them and their families.

As always, I welcome your feedback.

For 29 years, I’ve been fighting for our state and our nation.

Is it any wonder Bully Bob Ferguson is trying so hard to impose a lifetime ban on all my future political activity? 

I urge you to help me survive this political persecution by donating to the Tim Eyman Legal Defense Fund so we can get the AG’s ridiculously unconstitutional ruling overturned.

Mail your check to: 
Tim Eyman Legal Defense Fund
17404 Meridian Ave E #F PMB 176
Puyallup, WA, 98375

Or donate online:
By GiveSendGo (credit/debit card)
By Paypal (donate using PayPal or using a credit/debit card)

The only reason I’m still here and I’m still fighting is because of the prayers, love, and support of wonderful friends like you who’ve seen this gross injustice and abuse of power and are willing to help.

I love you all.

Onward!

Tim 

You can call or text me anytime: 509-991-5295

You can email me anytime: TimDEyman@gmail.com

For more details, go to: TimDefense.com