‘I don’t know why he did that’: Former AG questions solicitor general’s role in shielding millionaires’ tax from voters

After the Washington State Supreme Court blocked a referendum on the state’s new millionaires’ tax, exempting it from a public vote, former Attorney General Rob McKenna questioned the solicitor general’s role in shielding the tax from voters.

McKenna referenced emails obtained through a public records request showing the solicitor general suggested adding an emergency clause to the bill to prevent it from going to voters.

“I don’t know why he did that,” McKenna said on “The John Curley Show” on KIRO Newsradio. “First, he should have recognized that the necessary support language was already in there, and an emergency clause wouldn’t be needed. Second, and more importantly, why is he advising him on ways to keep this away from the voters? That doesn’t make sense to me.”

The Washington State Attorney General’s Office should have been advising lawmakers that the tax was unconstitutional, McKenna said, but instead seemed to be advising legislators on how to write a bill to get around the precedent and the constitution.

“I don’t know why they felt compelled to do that, but their argument is, ‘Well, we’re just giving advice to the legislature, and we routinely give advice to the legislature.’ And that is true, but not routinely advising the legislature on how to improve an unconstitutional bill — that I’m not familiar with,” he added.

Over 300,000 signatures needed to put millionaires’ tax repeal on ballot

Curley noted the next step for Let’s Go Washington is to raise money and gather enough signatures to put an initiative repealing the tax on the fall ballot. Opponents need 308,911 signatures by July 2 to qualify. Curley asked McKenna how that effort will take shape.

“Let’s Go Washington will publicize the fact that they’re gathering signatures. They’ll encourage people to ask for copies of their petition,” McKenna replied. “They’ve already sent the measure, I’m told, to the Secretary of State. I don’t know if they have a ballot title yet, but they have sent the initiative to the Secretary of State, so they can go with it if they choose. And they’ll want help gathering signatures. They’ll want people to sign it themselves. And then, of course, they’ll want people to vote for it.”

“The other side will come in and say, ‘Well, you know, you should vote against this initiative. Keep the millionaires’ tax.’ That’ll be their message,” he continued. “But, of course, this issue is about whether we’re going to have a progressive income tax in this state and take income out from under the protections of the property tax laws. That’s what’s an issue. It’s not a so-called millionaires’ tax, because, of course, if they prevail in the court, there will be nothing stopping the legislature from passing a state income tax, and from cities and counties passing income taxes, the constitutional protection will be gone. And then, even if the voters repeal this tax, another one can be passed in two years.”

Watch the full discussion in the video above.

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