August 10, 2005
I-912 makes ballot, counter-sues suppressors of free speech

I-912, The No New Gas Tax initiative has, as expected, officially qualified for the November ballot. Meanwhile, the Institute of Justice is representing the I-912 campaign to protect free speech rights.

Also, the Public Disclosure Commission has ruled in response to Richard Pope's complaint that various public agencies had unlawfully endorsed the Keep Washington Rolling campaign against I-912. In fact, those agencies did not endorse KWR, so there was no violation. It was however irresponsible of the Shameless Weasels who are running the KWR campaign to falsely claim that those agencies endorsed KWR.

Another interesting point: Reader C. Oh points out that the official "invalidation rate" of unqualified signatures for I-912 at 13.94% is the lowest invalidation rate out of any of the initiatives that have qualified in the last year. The honors for highest invalidation rate of recent initiatives goes to I-884 at 22.36%. Far be it from me to suggest that people who present themselves as "supporters of education" would have less integrity about collecting valid signatures than promoters of other initiatives.

Posted by Stefan Sharkansky at August 10, 2005 01:12 PM | Email This
Comments
1. So, there is no violation of any law to lie about who has endorsed your campaign?

Posted by: Janet S on August 10, 2005 01:45 PM
2. What, you actually think that Tax to the Max Simms, and chrissy would let this one reach the voters????

Posted by: Colt1911 on August 10, 2005 01:46 PM
3. Not to change the subject too much, but why is it that the state can use statistical estimates based on a sample for determining the invalidation rate for initiatives, but Judge Bridges is unable to understand the EXACT SAME STATISTICAL CONCEPT as it was applied to illegal votes in the governor's election and therefore throws out the argument?

Posted by: Scott C on August 10, 2005 01:59 PM
4. Wow, I love Scott C's point about the sampling. While I agree that the mathematics and statistics are sound, the law should be written explicitly allowing that method to verify the initiative signatures. Otherwise, follow the exact wording of the law and verify (ie, examine each individual signature). Too bad none of the attorneys thought to present this argument to the Judge. Would have given him a good leg to stand on and allow the statistical adjustments.

Posted by: Steve A on August 10, 2005 02:26 PM
5. Hooray for Institute for Justice!! I got to hear them on Kirbys show today and was favorably impressed!!I hope their successful!

Posted by: Laurie on August 10, 2005 03:06 PM
6. RCW 42.17.530
False political advertising.

*** CHANGE IN 2005 *** (SEE 5034-S.SL) ***

(1) It is a violation of this chapter for a person to sponsor with actual malice:

(a) Political advertising that contains a false statement of material fact about a candidate for public office. However, this subsection (1)(a) does not apply to statements made by a candidate or the candidate's agent about the candidate himself or herself;

(b) Political advertising that falsely represents that a candidate is the incumbent for the office sought when in fact the candidate is not the incumbent;

(c) Political advertising that makes either directly or indirectly, a false claim stating or implying the support or endorsement of any person or organization when in fact the candidate does not have such support or endorsement.

(2) Any violation of this section shall be proven by clear and convincing evidence.

Posted by: Right Wing Wacko on August 10, 2005 04:15 PM
7. Unfortunately, RCW 42.17.530 only applies to candidates for office. It doesn't apply to ballot measures. So someone could run ads saying that Christine Gregoire backs I-912 or that David Goldstein backs I-900, and it would be perfectly legal.

Posted by: Richard Pope on August 10, 2005 05:11 PM
8. Of course, we all know that "supporters of education" are really just "supporters of the WEA status quo."

Posted by: Iguana on August 10, 2005 06:17 PM
9. As chief petitioner of several local and statewide initiatives in Oregon I must say that an 86% validity rate on an initiative is OUTSTANDING!

Good for you guys.

Posted by: Coyote on August 10, 2005 07:05 PM
10. Yep, and the MSM sources that ran the story on I-912's qualification, rounded it up to 14% and left it very vague in the eyes of the reader that 14% is a good number, not a bad one, when compared to other initiatives.

Thanks C. Oh. for pointing that out.

Posted by: Jeff B. on August 10, 2005 07:14 PM
11. Remember JDB's posting:

"The initiative probably needs at least 280,000 to qualify. I would not be at all surprised if there is a higher than normal level of improper/double signatures given the haste and emotions at play. I would guess that they turn in 245-260,000 total signatures, and the total legal signatures turns out to be more in the 175,000 range, if not lower." Posted by: JDB on July 7, 2005 09:46 AM

Talk about eating crow. Let's see... 86.06% of 400,996 = 3443257.1576 That's only about double what he predicted.

Posted by: ItTakesAVillageToConveneAGrandJury on August 10, 2005 07:30 PM
12. Sorry about that. Copied that number wrong. 86.06% of 400,996 = 345097.1576

Posted by: ItTakesAVillageToConveneAGrandJury on August 10, 2005 07:33 PM
13. I heard from a friend on the Alki Foundation board that David Irons is against I-912. Can anyone confirm that. They just released their recommendations for the election. This is the elite group that pushed for the tax. I'll have to withold from voting in the race if he is supporting the gas tax.

Posted by: Dale on August 10, 2005 07:43 PM
14. And he supports asking for even more money from local tax payers. What happen to fiscal conservatives? From his website:

Transportation

Transportation solutions for King County are stuck in gridlock. David Irons believes it’s time to put to the voters a regional transportation plan that is sensible and cost-effective.

After many years of studying and debating transportation improvements, it is time to move forward with putting a regional plan on the ballot, and giving the voters a chance to be heard. Multimodal investment must be balanced between roads and transit. Neither one by itself will solve any problems. They must be integrated and work together. Because freight and commuter mobility are the keys to economic recovery and development, we cannot afford to wait any longer to begin investing in real improvements on the ground.

Posted by: Dale on August 10, 2005 07:47 PM
15. he voted to raise these taxes in King County. These people have no limits. www.rtid.dst.wa.us

0.2% Sales Tax
0.1% RTA Sales Tax That means Sound Transit. See for yourself!
$75 License Fee
0.3% MVET
2.8˘ Local Option Gas Tax

Posted by: Dale on August 10, 2005 07:50 PM
16. David Irons said, "we cannot afford to wait any longer to begin investing in real improvements on the ground."

I agree. We really do make to make real improvements. The roads byte and the congestion bytes. Olympia asked the voters twice and the voters said NO twice. Olympia needs to work within its budget and, as credit counselors says, live within their means. When does NO mean NO.

To the corporations that support KWR - are you going to give all of your employees raises so that they can afford the new tax?

Let us look at some additional government sponsored corruption surrounding I-912 opposition.
"the San Juan County Prosecutor signed over his prosecutorial powers to Foster Pepper Shefelman, a law firm that makes money from selling bonds (like those that would be sold if the gas tax went forward) as well as a member of the committee opposed to I-912. In their role as Prosecutor, the law firm has demanded internal campaign documents that could greatly help our opponents."

Looks like prosecutorial misconduct for knowingly contracting an outside law firm that holds a conflict of interest because they stand to benefit (beyond the compensation for prosecution) financially if they are able to get access to internal campaign information.
How many ethics violations are there here? Doubt the Bar will even look at this.

San Juan County has only served to bolster the I-912 campaign supporters.

Posted by: Bryan on August 10, 2005 08:16 PM
17. "real transportation improvements" ? ? ?

like $1 billion for the Viaduct and $800 million for light rail to UW?
take a look www.rtid.dst.wa.us

This is what Irons voted to support. What would a billion dollars do for the Viaduct? Nothing. I hardly call that a real transportation improvement.

I have now heard from two trusted sources that confirm that Irons does indeed support the 9 cent gas tax. good grief.

Posted by: Dale on August 10, 2005 08:34 PM
18. So, David Irons is positioning himself as the anti-Sims, yet he supports the gas tax and all those big Seattle-centric projects including light rail? What is going on here?

Posted by: Bygone on August 10, 2005 11:49 PM
19. Someone needs to ask Mr. Irons if he indeed does support the new gas tax hike.

If so, he has torpedoed his campaign for commissioner.

Posted by: Shaun on August 11, 2005 07:27 AM
20. Pardon me, but I have been conducting research into which initiative built all the roads, bridges, and freeways here in the first place, and came up dry. Reading the news, it appears that your state leadership thinks that this is the only way to come up with the funds to accomplish this.

It's not possible, is it, that with the increase in revenues over the years, the same state leadership abdicated their duties to maintain levels of funding out of the general fund for the infrastructure, is it?

I am of the opinion that the legislature needs to put a referendum out to see if the public wants to fund things like spending millions of dollars to split the Department of Trade, Economic Development, and one other thing into three separate departments with their own infrastructure. Or Gregoire's new plan for tsunamis. Let's let the legislature put the funds they have on the biggest priorities we have in the state, and then go to the voters to approve the lesser priorities, if they can't figure a way to do it all.

Otherwise, you have another example of YOUR legislature hiding their pet projects that they KNOW we don't want, and through fear and pressure finding ways to get the voters to pony up even more dough. $220 million in the Federal package signed this week for the viaduct, and we'll loose it if we don't add BILLIONS to the bloated state budget. (That amount won't even cover the animal bridges on I90 planned for the "highway purposes" out of this state transportation plan.)

And, what's this nonsense about Irons wanting to go with a regional plan instead of the state package? Folks, they have ALWAYS planned on the state package, coming back to the voters for an additional regional plan, coming back for MORE Sound Transit funding, coming up with 'enhancements' to this year's state transportation plan, THEN increasing the regional plan's 'revenue.' I would challenge Mr. Irons for clarification on his statements, for it doesn't pass the sniff test.

And, by the way, NO ONE is talking about congestion relief. AGAIN! Face it, another bait and switch routine going on where they hint to it, then when the package is approved, they go off and do their little pet projects and leave the people in traffic sitting there, much poorer and still sitting in traffic. There is NO incentive to improve commute times here, for that would take away their incentive for us to pay more and more for less and less.

(In the tip of the hat segment, I do recognize that the DOT did ONE thing to improve congestion, and that was to have tow trucks and incident vehicles out on the roads to clear accidents quickly. They have been effective, and much appreciated by those of us who MUST be single occupant vehicle commuters. I wonder if that one improvement was worth ALL the money I've spent on monorail, Sound Transit, higher gas taxes, and such, but at least they can claim one victory which is appreciated by me.)

Posted by: Potshot on August 11, 2005 07:30 AM
21. I've thought David Irons was worth voting for sounds like 1.Need another candidate for Ronnie boy's job wich is preferableif this is true. or... 2. A more repugnant idea plug ones nose &vote for him.Couldn't King county be dealt with by initiative?

Posted by: Laurie on August 11, 2005 08:08 AM
22. So here is what concerns me:

Mike Vaska, who ran for the Republican nomination for Attorney General last year, is one of the lead attorneys who got the the radio time by Wilbur and Carlson to be disclosed as an in-kind campaign contribution, which I and many others widely view as an affront to the freedom of speech and of the press.

Doug Roulstone is a strong Republican candidate for Congress in the Second Congressional District, one whom I've been excited about, and supporting.

Roulstone was Vaska's campaign manager.

I know Roulstone cannot be held responsible for everything Vaska does or says. I also know Vaska might merely be a hired gun here, and not actually believe in the case. Regardless, I think someone should ask Roulstone where he stands on this increasingly important issue of campaign finance and free speech.

Posted by: pudge on August 11, 2005 09:30 AM
23. (I just wrote e-mail to Roulstone's campaign asking for his view on these issues.)

Posted by: pudge on August 11, 2005 09:37 AM
24. Initiative 912 is not just about transportation— it’s about our jobs, our economy and our future. The impacts on the regional economy could be huge. As seen over the last few decades, our economy is very sensitive to bad news – and the passage of this initiative would send a clear signal to the business community – your business is going to get tougher and more expensive. This would threaten business retention, job growth, state revenues, schools, social services and more. There’s really not much middle ground here. Keeping the gas tax will create an estimated 8,800 jobs annually over the next 16 years, keep business confidence high, and keep revenues strong for schools, the environment, and other needed programs. Without the investment in our transportation infrastructure we will have a net loss of jobs. A good transportation system is the backbone to a healthy economy, and Washington is the most trade dependent state in the union. We must be able to efficiently move goods and people or that trade will go elsewhere and companies will go elsewhere. This is why companies such as Boeing and Microsoft are so heavily against I-912.

Posted by: Sonny on September 8, 2005 01:52 PM
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