Would Bob Ferguson violate the law to sabotage Jim Walsh’s initiatives? Of course he would. But I’m trying to stop him by putting a spotlight on him. 

Thurs, April 18, 2024

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 27 years

In 2018, Bob Ferguson defended the Democrats when they passed into law a changed version of an initiative to the legislature.

It was unconstitutional — they knew it and the AG knew it.

But they did it anyway and the AG fought to defend it.

If they had gotten away with it, that precedent would’ve been used to sabotage all future initiatives to the legislature.

I filed a lawsuit, fought Bob Ferguson in court, and won.

In 2019, the voters passed our $30 Tabs Initiative and Bob Ferguson sabotaged it by putting up an inept defense. During the trial, I got in the AG’s face for it:

It was only after “our people” intervened (superstars Clint Didier and attorney Stephen Pidgeon) did the lower court judge uphold our initiative:

But because Bob Ferguson submitted one of his filings late, the judge’s ruling never took effect:

And when the state supreme court ignored the lower court’s ruling and took away our $30 Tabs because they said Bob Ferguson gave it a defective ballot title, he celebrated:

That is Bob Ferguson’s track record on sabotaging initiatives.

Now there’s a new threat of sabotage by Bob Ferguson.

This time it involves the 3 initiatives that Jim Walsh sponsored and Let’s Go Washington helped qualify that will be on this November’s ballot.

Would Bob Ferguson violate the law to sabotage those initiatives?

Of course he would.

Nonetheless, I’m trying my darndest to stop Bob Ferguson from doing that.

Bob Ferguson is at his worst when he doesn’t think anyone’s watching.

So I’m putting a bright spotlight on him.

Read this email exchange and you’ll see what I’m talking about:

EYMAN (March 15): “Please let me know the individual(s) in the office who will be handling the new policy on public investment impact statements on initiatives (RCW 29A.72.027). Please provide name(s) and email address(es) for him/her/them as soon as possible. I want to provide input on those beforehand (as your office does when drafting ballot titles), be notified as soon as your office decides which initiatives require one, and be notified (preferably in advance) the day the statements’ wording is finalized and also be notified (preferably in advance) the day sent to the Secretary of State. Let me know.”

AG (March 15):  “This will be the first year that we have to prepare any of them (public investment impact disclosures), and we have not yet finalized our process for doing so or who will be handling them. We will certainly share with you any other information that we would share with other members of the public as it is available. If you check back later this month we should have a clearer timeline and plan.”

EYMAN (March 20): “I see the potential for litigation regarding public investment impact disclosures, but I prefer to avoid that by communicating directly with your point person on that.”

EYMAN (March 26): As you advised me on March 15, I am checking back. Reading the clear text for RCW 29A.72.027 (https://app.leg.wa.gov/RCW/default.aspx?cite=29A.72.027), I note that a “public investment impact disclosure” (PIID) is to be prepared by the AG only when an initiative affects “any tax or fee”:

(1) The attorney general must prepare a public investment impact disclosure for any ballot measure that:
(a) Repeals, levies, or modifies any tax or fee, including changing the scope or application of an existing tax or fee; and
(b) Has a fiscal impact statement, as provided by RCW  29A.72.025, that shows that adoption of the measure would cause a net change in state revenue.

I note that Initiative 2117 repeals the Climate Commitment Act (CCA) and that law generates revenue from “allowances” and not from a tax or fee. Neither the word “tax” or “fee” appear anywhere in the CCA (https://lawfilesext.leg.wa.gov/biennium/2021-22/Pdf/Bills/Session%20Laws/Senate/5126-S2.SL.pdf?q=20240326101738). Therefore, your office should not prepare a PIID for I-2117.

I note that Initiative 2124 allows workers to opt-out of paying the “premiums” (not tax or fee) for Long Term Care Insurance (LTCI). Neither the word “tax” or “fee” appear anywhere in the LTCI (https://app.leg.wa.gov/rcw/default.aspx?cite=48.84&full=true)Therefore, your office should not prepare a PIID for I-2124.

Neither of those initiatives “Repeals, levies, or modifies any tax or fee, including changing the scope or application of an existing tax or fee” and therefore your office should NOT “prepare a “public investment impact disclosure” for either of them.

The law was specifically written to require a PIID for ballot measures affecting “any tax or fee” and an “allowance” and a “premium” are not a “tax or fee.” Yes, these initiatives require a fiscal impact statement under RCW 29A.72.025 but subsection (a) clearly ends with “and” meaning (a) and (b) are BOTH required for your office to prepare a PIID.

If your office chooses to ignore the clear language of RCW 29A.72.027 and decides to prepare a PIID for one or both of these initiatives anyway, I want to be notified immediately so a legal challenge can be timely filed. It is in everyone’s interest to avoid any delays in the preparation of the voters pamphlet and ballots.

Please let me know as soon as possible which persons in your office are assigned the task of deciding on and drafting any PIID. And please have them notify me when it is decided whether or not a PIID will be prepared by your office for I-2117 and/or I-2124.

Sincerely, Tim Eyman

— END —

My effort to expose the AG and his potential sabotage of Jim’s initiatives has already produced some positive results – The Center Square has written and published this very informative news story about it and their story has been picked up on the wire so it’s being published in other newspapers also — you can read it here:

If that doesn’t work, click here to read it.

As the story explains, the Democrats in 2022 passed a law that requires the AG to insert a crushingly negative and inaccurate sentence into the ballot title for any tax initiative.

I believe the law is clearly unconstitutional.

But to challenge it in court, the plaintiff must have what they call “standing.”

And as far as I can tell, the only ones who have standing are Jim Walsh and the good folks at Let’s Go Washington.

I urge you to urge them to legally challenge this horribly destructive law.

When this same bill was being considered before, the ACLU said this about it:

“We are opposed to the interjection of government sponsored speech on one side or the other of a political debate. Here, the primary purpose of placing this ‘information’ on the ballot is to sway voters into voting against the initiative. This goes beyond mere provision of information, and is designed to sway voters. The State should not use its power to tilt the electoral playing field. Proponents, opponents, and the media already do an active job of informing voters; there is no need for the State to provide an ‘official’ version of that in a prominent place on the ballot, where no other statements for or against are allowed.”

This law needs to be legally challenged so that none of Jim Walsh’s initiatives get sabotaged by the AG.

And even if this law doesn’t get struck down, Bob Ferguson will be violating the law if he sabotages I-2117 (repealing Inslee’s Cap & Trade) and I-2124 (allowing workers to opt-out of Long Term Health premiums) if he assigns them a PIID. 

I’ll keep everyone updated on this threat to Jim’s initiatives.

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

I urge you to help me fight back against the AG’s abuse of power by donating to the Tim Eyman Legal Defense Fund so that Richard Sanders can get this 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:
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By Paypal (donate using PayPal or using a credit/debit card)

With your help, I will keep fighting for the people across our nation with initiatives, lawsuits, lobbying, and helping elect more freedom-loving elected officials.

I love you all.


Tim Eyman

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

You can email me anytime:  Tim@TimDefense.com
(I can’t access any of my other email addresses — grrr!)

For more details on this, go to: TimDefense.com