Pacifica’s clients are celebrating the Washington Supreme Court’s decision to keep a statement about the fiscal impact of repealing the so-called “Millionaire’s Tax” on the ballot this November.
With help from Pacifica, the Economic Opportunity Institute and Washington State Budget and Policy Center are working to ensure voters understand the implications of Initiative 645, which seeks to overturn the 9.9% tax on annual individual income exceeding $1 million. Governor Bob Ferguson signed the tax into law in March 2026 and it will take effect on January 1, 2028.
Pacifica represented the Economic Opportunity Institute and Washington State Budget and Policy Center in filing an amicus brief arguing that the public investment impact disclosure (PIID) should stay on the ballot. The disclosures are mandated by law to adequately describe a ballot measure’s fiscal impact on public services. Initiative 645’s PIDD accurately and neutrally informs voters that repealing the tax would decrease funding for public K-12 education, higher education, health care, and human services in the state.
An emergency appeal asked the Washington Supreme Court for a preliminary injunction striking the statement from the ballot. The appeal argued that the Washington law requiring PIIDs is unconstitutional and unique to Washington.
The amicus brief Pacifica filed noted that many other states have similar laws requiring financial disclosures on ballots and identified court decisions recognizing the legitimacy and importance of providing voters with information about a measure’s fiscal consequences.
The Supreme Court Commissioner denied a motion to enjoin the PIID, and the full Supreme Court upheld the Commissioner’s decision after a motion for reconsideration was filed.
The Pacifica litigation team representing the Economic Opportunity Institute and Washington State Budget and Policy Center includes Kai Smith and Eugene Lee, with support from legal assistant Mendy Graves.
Pacifica’s work related to I-645 also included obtaining several important revisions to another part of the voter materials—the explanatory statement.
Pacifica attorneys also are working on other matters in support of the Millionaire’s Tax. The broader team working on these matters includes Paul Lawrence, Jamie Lisagor, Sarah Washburn, and Kevin Kennedy.
