Category Archives: Statements & Advisories

NPI’s Permanent Defense responds to the discovery of thousands of fraudulent I-517 and I-522 signatures

Eye on Money: DevelopmentsFrom the Campaign TrailStatements & Advisories

This afternoon, the Secretary of State Kim Wyman announced that, after reviewing petitions submitted for Tim Eyman’s I-517 and Chris McManus’ I-522, her office had asked the Washington State Patrol to open a criminal investigation into what she called “the worst apparent initiative fraud anyone can remember.” As many as eight thousand signatures for I-517 and I-522 may be fraudulent.

Since mid-spring of 2012, when we first learned that Tim Eyman and his friends Roy Ruffino and Eddie Agazarm were making an attempt to quietly and illegitimately collect signatures for a second initiative by piggybacking on the signature drive for I-1185, we have been watchdogging and monitoring the I-517 campaign as closely as possible… a difficult task, given that Tim Eyman and his pals ran the entire operation in stealth mode up until the very end.

Prior to today’s announcement, we had already documented a troubling set of discrepancies with the I-517 campaign, many of which were included in the complaint against the I-517 campaign filed with the Public Disclosure Commission by Sherry Bockwinkel last August. Sadly, the PDC has so far failed to launch a full-scale investigation in response to the complaint. We urge the PDC to bring the complaint out of limbo and open a formal inquiry immediately.

We thank Secretary of State Kim Wyman and her team for referring this matter to the State Patrol for a full investigation. We understand that the State Patrol is already investigating fraudulent signatures that were submitted as part of last year’s charter schools initiative, and we will be following that investigation as well.

However, we need more than an investigation into these fraudulent signatures. The signature gathering industry in our state has been operating for years out of the public eye with next to no oversight. Our research has found that our state’s signature gathering firms, like Eddie Agazarm and Roy Ruffino’s Citizen Solutions, have been exploiting their petition workers for years and failing to comply with our worker protection laws. It is time for lawmakers and the Department of Labor & Industries to fully investigate this industry and ensure that firms like Citizen Solutions are brought into full compliance with our laws. Instances of fraud are less likely to occur if regulators do their job.

We applaud the Secretary of State’s Elections Division for planning to meet with elections officials in Oregon to discuss how to toughen our state’s laws and regulations. We believe we should learn from Oregon’s experience so we can prevent the same kind of problems from getting completely out of hand here.

Tim Eyman would like us all to think that signature fraud is a problem that doesn’t exist. But as this and past incidents demonstrate, he is dead wrong. He’s against oversight anbd regulation of the signature gathering industry because it could negatively affect his profits.

Pot, meet kettle: Tim Eyman attacks Governor Jay Inslee for “employing political spin” on revenue

Rethinking and ReframingStatements & Advisories

Another Monday has arrived, and so has another mid-morning Eyman missive that sounds like it was put together on an assembly line in Tim’s home office. Today’s target is Governor Jay Inslee, who took office less than two weeks ago and is now trying to put together a budget proposal – presumably a proposal that will square with what he said during last autumn’s campaign.

Inslee and his team are weeks away from presenting their budget, but that hasn’t stopped Tim Eyman from charging that Inslee intends to raise taxes.

In Eyman’s universe, any action that forestalls a decrease in revenue is really a tax increase, just as the repeal of any tax loophole or exemption is a tax increase. It is worth remembering that Eyman’s own unconstitutional, undemocratic initiatives use his definition for what a tax increase is.

And since I-960/I-1053/I-1185 are regrettably on our books, the Office of Financial Management is using Eyman’s definition – because Eyman’s own initiative requires them to! From Section 2 of I-960:

(1) For any bill introduced in either the house of representatives or the senate that raises taxes as defined by RCW 43.135.035 or increases fees, the office of financial management must expeditiously determine its cost to the taxpayers in its first ten years of imposition, must promptly and without delay report the results of its analysis by public press release via email to each member of the house of representatives, each member of the senate, the news media, and the public, and must post and maintain these releases on its web site. Any ten-year cost projection must include a year-by-year breakdown. For any bill containing more than one revenue source, a ten-year cost projection for each revenue source will be included along with the bill’s total ten-year cost projection. The press release shall include the names of the legislators, and their contact information, who are sponsors and co-sponsors of the bill so they can provide information to, and answer questions from, the public.

We can see from this provision of I-960 that the initiative also stupidly requires OFM to do ten-year cost projections. As our friends at the Washington Budget & Policy Center have pointed out on several occasions, these projections are worthless. By Eyman’s logic, a police lieutenant in NPI’s hometown of Redmond will make more than half a million dollars — over the next ten years.

During the 2010 legislative session, the Legislature raised revenue by around $600 million per year. And a substantial chunk of that is actually set to expire this year. So Eyman’s billion-dollar figures are bogus.

Eyman loves to talk about – and distort – the revenue side of the equation when it comes to the state budget. But he almost never talks about the value side. It often seems as though Eyman would like us all to believe the membership dues we pay as citizens of this great state of Washington just disappear into the ether.

In reality, our taxes provide for roads, bridges, ferries, buses, rail transit, libraries, parks, pools, schools, universities, police and fire protection, clean drinking water, and waste treatment, as well as mental health counseling, housing, and other human services for the most vulnerable among us.

And that’s just the abridged version of what is a long list.

We all benefit from these public services, Tim Eyman included. And we all lose when draconian cuts result in services being eviscerated or eliminated. Austerity measures are bad for public health, bad for environmental freedom, bad for safe neighborhoods, and bad for economic security. Austerity measures lead to lost jobs in the public sector and start a chain reaction that causes real GDP to fall by an amount larger than the total amount of money they “save”. (Those reading who have studied macroeconomics know this concept is known as the multiplier effect).

Eyman’s initiatives are purposely written to deprive our common wealth of the revenue that our public services need to stay in strong shape.

In his early days, Eyman hawked schemes that slashed revenue directly; but he has since taken to heart a famous saying of Grover Norquist’s: “I’m not in favor of abolishing the government. I just want to shrink it down to the size where we can drown it in the bathtub.” That’s why his more recent initiatives take a death-by-a-thousand-cuts approach to wrecking state and local government.

Eyman tries to make it sound as though state government is some monstrous beast consuming more and more of our money with every passing year. But this is a fiction. State and local taxes per $1,000 of personal income have actually been on the decline since before the the Great Recession hit, as the Office of Financial Management shows on this page, complete with a chart that also shows the fifty state average.

In 1995, state and local taxes per $1,000 of personal income hit a high of $119.93. In 2010, the most recent year for which data was available, the figure stood at $94.48. That’s a decrease, not an increase, and a fairly significant decrease over fifteen years.

What about expenditures? Well, again, contrary to Tim Eyman’s hyperbolic rhetoric, expenditures have not been on a meteoric rise. State and local government expenditures per $1,000 of personal income have risen and declined slightly at times over the past two decades, but expenditures today are lower than they were in the early nineties. Here’s the data from OFM, again with a nifty chart.

Twenty years ago, in 1993, state expenditures stood at $224.37 per $1,000 of personal income. That was the high point during the last two decades. In 2010, the most recent year for which data was available, the figure was $200.42.

Again, that’s a decrease, not an increase.

Furthermore, since 2000, Washington’s average has tracked the fifty-state average.

How revenues and expenditures are measured matters. By presenting information in absolute terms, Tim Eyman can make it seem as though government just keeps taking more and more of our money. But the truth is that we the people are the government, and we have reduced our obligations to each other over the last twenty years.

Washington is not the same state it was in 2003, 1993, or 1983. As our economy has grown, so has the demand for public services. The state may be taking in more revenue than it did not long ago in absolute terms, but in relative terms, it’s not. And data cannot be fairly or meaningfully compared year-to-year in absolute terms; as the oft-used expression goes, it’s like comparing apples to oranges.

Ten years ago was a different time; twenty years ago was a different time. Even last year was a different time. We have to compensate for population growth, new development, inflation, and other factors when we consider what it costs to provide services now versus what it cost back then. That’s why it makes sense to look at revenue and expenditures per $1,000 of personal income.

It is beyond ironic that Tim Eyman is accusing newly inaugurated Governor Jay Inslee of “employing political spin”. Nobody is better at generating spin and manipulating the media in Washington than Tim Eyman, who shows no signs of wanting to call it quits after more than a decade of promoting initiatives… and profiting from them.

NO on 1185: Permanent Defense calls on Washingtonians to stop greed, reject latest oil-soaked Eyman initiative this November

Ballot WatchdoggingEye on Money: DevelopmentsRethinking and ReframingStatements & AdvisoriesThreat Analysis

Earlier today in Olympia, Tim Eyman made his annual appearance at the Secretary of State’s Elections Division (as usual, accompanied by Jack and Mike Fagan) to turn in signatures for his latest initiative, made possible by more than a million dollars in contributions from some of the world’s most powerful corporations. The list includes BP, Shell, ConocoPhillips, Coca-Cola, Pepsi, Dr Pepper Snapple Group (through the American Beverage Association), Anheuser-Busch, MillerCoors, Crown Imports, and Heineken USA (through the Beer Institute).

Initiative 1185 is a clone of Initiative 1053, sponsored by Eyman two years ago and backed by many of the aforementioned corporations. It would sabotage our plan of government by allowing one-third of either house of the Legislature to decide the fate of any bill seeking to raise revenue for Washington’s common wealth. I-1053 was itself a clone of I-960 (from 2007), which was based on I-601 (from 1993).

“Initiative 1185, like its predecessors, is a serious threat to the health of our democracy,” said NPI founder Andrew Villeneuve. “Our republic is built on the idea of majority rule with minority rights. Our Constitution explicitly sets the standard for passage of legislation as a majority vote – an interpretation recently affirmed by King County Superior Court Judge Bruce Heller, who concluded that I-1053, I-1185’s predecessor, is unconstitutional on multiple grounds.”

“I-1185 is an illegitimate attempt to amend Article II, Section 22 of our state’s Constitution, which says that a majority vote is the threshold for determining the fate of a bill. I-1185 tries to undemocratically require a higher standard of two-thirds for some bills – specifically, any bills that would raise revenue to fund vital public services like our schools and universities,” Villeneuve added.

“I-1185 is purposely intended to create gridlock in our statehouse, so that a small group of reactionary legislators can wield veto power over important decisions about our state’s budget. That’s wrong.”

“We urge Washingtonians to join us this fall in taking a stand against unchecked corporate greed by voting NO on Initiative 1185.”

“The only reason this measure is going to be on our ballot is because nine corporations and corporate fronts collectively shelled out more than a million dollars to hire mercenary petitioners to collect signatures. They’re betting that they can trick the people of Washington into approving this scheme to shield their tax breaks and tax loopholes from possible repeal. They’ve made it clear they are unwilling to pay their fair share in membership dues to our state, while at the same time disingenuously calling on our state’s leaders to strengthen investment in our schools, universities, roads, and bridges.”

“Here’s what the people of Washington need to know: We can only afford to keep our pubic services strong if we all pitch in, pay our fair share, and work to make our tax system fairer and more equitable. Unfortunately, that’s the last thing these corporations want. We’ve seen their true colors – they’re cheaters who want to rig the system for their own advantage. And they must be stopped.”

Throughout the rest of the summer and into the autumn, NPI’s Permanent Defense will be working with other concerned Washingtonians to build a strong coalition to oppose I-1185 and educate voters as to its true cost and consequences.

An updated list of the top ten contributors to Initiative 1185 is available at Permanent Defense’s Eye on Money page.

The chart shows that the top nine contributors are responsible for a whopping 93% of the total (estimated to be $1,131,704). All of the other contributors – combined – are responsible for only 7%. These figures make it plainly clear that this initiative was bought and paid for by powerful interests, including some of the world’s biggest and most profitable companies.

Who are the top nine?

  • Beer Institute: $400,000
  • BP: $100,000
  • ConocoPhillips: $100,000
  • Tesoro: $100,000
  • Equilon/Shell: $100,000
  • American Beverage Association: $100,000
  • WA Beer & Wine Distributors: $100,000
  • WA Realtors: $25,000
  • WA Restaurant Association: $25,000
  • Everyone Else (multiple entities): $81,703.95

FOR MORE: See State Representative Reuven Carlyle’s blog post about I-1185, The painful irony of using majority rule to eliminate majority rule.

Greedy oil industry once again propping up Tim Eyman’s initiative factory

Statements & AdvisoriesThreat Analysis

More than a month after Tim Eyman announced that he would attempt to qualify a clone of Initiative 1053 for the ballot in 2012 (I-1185), we finally know what it was that prompted him to launch his signature drive: a commitment from oil industry lobbyists to dump money into his campaign coffers.

Reports filed with the Public Disclosure Commission last night show that BP and ConocoPhillips, two of the world’s biggest oil companies, each contributed $100,000 directly to the latest incarnation of Eyman’s “Voters Want More Choices” campaign committee in April, while Tim Eyman revealed in an email to the press this morning that Tesoro and Equilon (Shell) recently sent checks for $100,000 and $50,000 to the Association of Washington Business’ political action committee, which have supposedly been earmarked to help buy signatures for I-1185 (or so Eyman claims).

“Once again, greedy multinational oil companies are underwriting Tim Eyman, lubricating the wheels of his initiative factory with barrels of cash,” said NPI founder Andrew Villeneuve. “Of the $247,285.59 raised by Eyman’s I-1185 campaign committee (“Voters Want More Choices – Save the Two Thirds”) so far, more than eighty percent of the total was contributed by BP and ConocoPhillips ($200,000). And of the $186,035 given to the AWB’s PAC that Eyman claims will ultimately be spent on I-1185, $150,000 (again, eighty plus percent) was contributed by Tesoro and Shell.”

“What are these oil companies after? It’s simple: they want to rig the system to put their own profits ahead of people and planet. They don’t want to be held accountable for the pollution that their refineries and storage tanks generate. Their executives and lobbyists are shameless swindlers who think they can buy our signatures, our votes, and our elected leaders.”

Big oil’s presence in Washington: A bit of background

BP (also known as British Petroleum): BP has the worst safety record in the oil industry, and as of 2010, is responsible for the worst environmental disaster in American history: the Deepwater Horizon gusher. The gusher, which began on April 20th, 2010, when a blowout preventer failed, spilled approximately 4.9 million barrels of oil into the Gulf of Mexico (that’s 779,037,750 liters) until it was capped on July 15th. As a result of the spill, BP became by one account the most despised corporation in America, overtaking the likes of AIG, ExxonMobil, and Citigroup. According to the University of Massachusetts, BP is the twenty fifth largest corporate air polluter in the United States. In 2006, its facilities emitted 4.41 million pounds of toxic gas into the air. BP’s major assets in Washington State include:

  • a refinery at Cherry Point, located at 4519 Grandview Road in Blaine
  • a storage terminal in Seattle, located at 1652 SW Lander Street in Seattle

ConocoPhillips: According to the University of Massachusetts, ConocoPhillips is the eleventh largest corporate air polluter in the United States. In 2006, its facilities emitted 6.39 million pounds of toxic gas into the air. ConocoPhillips’ major assets in Washington State include:

  • a refinery in Ferndale, located at 3901 Unick Road in Ferndale
  • a storage terminal in Renton, located at 2423 Lind Avenue SW in Renton
  • a storage terminal in Spokane, located at 6317 E Sharp Avenue in Spokane

Equilon (Shell): According to the University of Massachusetts, Royal Dutch Shell is the twenty-eighth largest corporate air polluter in the United States. In 2006, its facilities emitted 2.98 million pounds of toxic gas into the air. Shell’s major assets in Washington State include:

  • a refinery in Anacortes, located at 8505 S Texas Road in Anacortes
  • a storage terminal in Seattle, located at 2555 13th Avenue SW in Seattle

Tesoro: According to the University of Massachusetts, Tesoro is the twenty-second largest corporate air polluter in the United States. Its facilities emit 3.74 million pounds of toxic gases into the air every year. Tesoro owns a refinery in Anacortes.

Data originally compiled by NPI’s Permanent Defense for StopGreed.org

“These powerful oil companies already benefit from billions in public subsidies, but that’s not enough for them,” Villeneuve added. “They don’t just want a loophole-filled tax code engineered in their favor. They want to prevent the people of Washington – and the people’s representatives – from requiring them to share in the cost of keeping our air and our water clean. That’s why they dumped hundreds of thousands of dollars into I-1053 two years ago, and that’s why they’re backing I-1185 now. They’re cheaters who have a mind to keep on cheating as long as we let them get away with it.”

In the coming weeks and months, NPI will be working to hold BP, ConocoPhillips, Tesoro, Shell, the Association of Washington Business, and other corporations and corporate lobbies accountable for their involvement in I-1185.

“Washingtonians need to realize that powerful interests are trying to trick us into undermining our own plan of government, which says that our Legislature shall operate democratically, by majority vote,” Villeneuve said.

“I-1185 is a recipe for more legislative gridlock, more underfunded services, and more unemployment. That’s not what our state needs. We urge all Washingtonians to stand with us in fighting to uphold our Constitution and strengthen our state’s common wealth in this crucial election year.”

Tim Eyman backtracks on plan to run “Son of 1053” in 2012, now says it’s just one of several possibilities

Statements & AdvisoriesThreat Analysis

This Friday, we will be one month away from Permanent Defense’s ten year anniversary. During the last decade, we have devoted ourselves not only opposing Tim Eyman and his initiative factory, but watchdogging Eyman as well. And in that time, we’ve repeatedly caught Eyman telling his own followers and the press one thing after he had told them something very different just a few months earlier.

For instance, in 2006, we caught Eyman in a lie about the signature drive for Initiative 917, which never made the ballot. (Eyman blamed I-917’s failure on the Secretary of State, suggesting petitions had been “pilfered”, even though he was well aware that I-917 fell short because he didn’t pay for enough signatures to be collected).

It appears that once again, Eyman is being not being upfront with his supporters.

Shortly after New Year’s Day last year, Eyman laid out his plans for the next two years, blasting Governor Chris Gregoire for telling reporters she wasn’t going to allow the passage of I-1053 to dictate how she governed for the remainder of her term. Here’s a passage from his email, dated January 6th, 2011:

Four times the voters have approved the policies in I-1053. We’re going to give the voters their 5th opportunity in 2012. [Note: These figures are incorrect. There have been only three ballot measures having to do with instituting a two-thirds vote for tax increases: I-601, I-960, and I-1053. Eyman is dishonestly inflating the number].

So for the next two years, the voters will be watching Olympia to see if they got the message. If the Legislature and Governor abide by the will of the people in the next two legislative sessions, our 2012 initiative may not be as popular as I-1053. But if Olympia disregards, dismisses, or disrespects the policies, purposes, and clear intent of I-1053, the voters will surely renew I-1053’s policies a 5th time (and we’ll likely tighten the belt a notch tighter).

The following Monday (January 10th, 2011), Eyman held a press conference to affirm his plans to run a 1053 clone in 2012. Here is an exact quote from the middle of that press conference (which was attended by a number of reporters), just before Eyman staged his photo-op at the Secretary of State’s front desk.

We’re announcing today that we are filing an initiative to renew the two-thirds requirement for raising taxes [and] the requirement that the Legislature has to take a recorded vote in order to increase fees… We have learned from last year’s campaign that we weren’t able to raise enough money and organize things in one year in order to be able to get that initiative done. I took out a second mortgage on my house – that’s still outstanding – and so, we’re going to take the next two years in order to organize this effort to renew the two-thirds.

In the months that followed, Eyman sent out over a dozen emails asking his supporters for money to “renew the two-thirds” and to pay down the mortgage he took out to finance I-1053. When he unveiled Initiative 1125 on May 2nd, 2011 (which he later qualified for the ballot with Kemper Freeman’s money), he again explicitly recommitted to his pledge. From his email sent that day:

We had originally planned to simply reinstate the policies in I-1053 with a Son of 1053 initiative next year. WE’RE STILL GOING TO DO THAT.

But we’ve decided to do an initiative this year that addresses Olympia’s sidestepping of I-1053 but also brings a few urgent transportation policy decisions to the attention of the public.

However, in an email sent out to supporters yesterday, Eyman made no acknowledgment of his 2011 pledge, characterizing his plans for 2012 as “to be determined”. Here’s the relevant excerpt from the email:

 As for our initiative efforts in 2012, we want to see how the legislative session unfolds before deciding which initiative(s) will be pushed. On Friday, we filed 5 different initiatives (Son of 1053, Bring Back our $30 Car Tabs, Let the Voters Decide on Automatic Ticketing Cameras, Protect the Initiative Act, and Stop Government Fraud Act).  Each one tackles a serious public policy problem. There will likely be others. Which one(s) we’ll do in 2012 will be announced later. On several issues, Olympia isn’t listening to the people and so if they aren’t going to solve these problems, we’d like to give the voters the chance to.

So, just to recap: Tim Eyman appears to have downgraded his “Son of 1053” initiative from its status as the plan for 2012 – count on it! to Option A for 2012. Or B. Or whatever. What matters is this: Eyman has been asking his followers to give him money for an initiative he said was going to spend two years promoting. But now that initiative is just one of many initiatives that Eyman might push. What’s up with that?

A year ago, Tim Eyman stood in the foyer of Secretary of State Sam Reed’s office in the Legislative Building with Jack and Mike Fagan at his side and pledged to spend the next two years preparing to “renew the two-thirds”. We were there. We witnessed it. And we subsequently witnessed Eyman’s attempt to raise money for the effort. “We are raising funds for the next 2/3’s initiative,” Eyman said in a February 2nd, 2011 email to followers in which he declared he was “hitting the big panic button”.

If Eyman had actually leveled with his supporters and been totally honest, he would have said something along the lines of, “We’re raising money for my benefit. I’ll decide what to do with the money after  you give it to me. We might use some of it to do a Son of 1053, but we might not, because I could change my mind depending on whether a ‘super supporter’ steps up to help make this possible. Either way… please send your most generous contribution to me right now!”

But honesty is not what Tim Eyman is known for. He’s a master salesman with a gift for deception. His conscience is apparently three sizes (or maybe three hundred sizes) too small, because it only kicks in when he’s telling whoppers, and only after he’s been called out – as he was during the Initiative 747 campaign, when Christian Sinderman accused Eyman of pocketing his own supporters’ money for his personal use.

(Eyman lied to his supporters for months about taking the money before finally confessing the truth in February 2002.)

As we have amply documented above, Eyman told the press, the public, and his supporters last year that he was doing a “Son of 1053” initiative this year. He attempted to raise money for the effort. But evidently, the fundraising wasn’t going well, because Eyman quit talking about “raising funds for the next 2/3’s initiative” during the I-1125 campaign. And he’s not moving ahead with “Son of 1053” now.

It appears that privately, he is in now in auctioneer mode, attempting to sell his wares –  er, initiatives – to a sugar daddy, hence the “to be determined” posture. Eyman knows that without a sugar daddy, he can’t qualify “Son of 1053” – or any other initiative he might like to run – for the ballot. And he doesn’t want to mount a signature drive only to have it end in failure. So he is keeping his powder dry until he can close a sales pitch with a wealthy benefactor.

It’s probable than he’ll find someone… he got the gambling industry to finance I-892, Michael Dunmire to finance I-900/I-917/I-985/I-1033, big banks and oil companies to finance I-1053, and Kemper Freeman to finance I-1125.

Eyman could level with his followers about all this. But that would mean the press and the public would find out, too. He’d have to admit that his initiative factory isn’t grassroots. So he’s keeping his own people in the dark. Pretty sad.

Whatever happened to “Let the voters decide?”

Statements & AdvisoriesThreat Analysis

Earlier today, in lieu of holding a press conference at Secretary of State Sam Reed’s office in the Legislative Building to discuss his plans for 2012, Tim Eyman drafted and began sending out an email to his followers (and the press) announcing that he intends to be active in opposing any and all efforts to raise revenue in the Legislature during the sixty-day session that begins today and will last until at least mid-March.

Emphasis is ours:

One of our top priorities in 2012 is beating back tax increases (hence our PAC’s name change to:  Voters Want More Choices “No New Taxes 2012”). That means fighting against the umpteen bills being pushed in Olympia to raise taxes (Democrats’ new income tax bill, Democrats’ new property tax increase, Democrats’ new capital gains tax bill).

But we feel it is particularly important for us to take the lead in opposing the two tax increases being put on the ballot (Gregoire’s 10% sales tax on the April ballot and her task force’s $21 billion tax increase on the November ballot). We don’t want them increased in Olympia and we don’t want them put on the ballot (and if they are put on the ballot, we want voters to vote no).

That last sentence sure is a doozy, isn’t it? But at least Tim Eyman is being honest for a change. For years, he’s falsely said or implied that he doesn’t want to make raising revenue impossible – merely difficult. He’s also said or implied that he has no objection to elected leaders asking voters to raise revenue. For instance, in 2002, just days before Permanent Defense was founded, he told the Seattle Weekly:

We’ve always contended that any tax increase that any taxing district wants to support is fine, as long as it goes to the voters.

But today, we’ve seen Tim Eyman’s true colors. Mr. “Let the Voters Decide” has just said, plainly and unequivocally, that he is against letting voters decide whether to save services that are on the chopping block. He doesn’t want to put the matter in the people’s hands. His direct democracy evangelism is a sham, and this is simply the latest proof. A true citizens should be in in charge missionary would welcome the Legislature’s interest in referring a question on any topic of importance to the people. But the initiative and referendum, to Eyman, are simply a means to an end… the end being the destruction of Washington’s common wealth.

Inflicting sabotage is always what Eyman’s initiative factory has been about. All of his initiatives have been deliberately written to cause harm.

As Eyman’s own words demonstrate, there are no circumstances under which his dogma – which he shares with his idol Grover Norquist – condone taxes being raised.

It doesn’t matter that our social safety net is in danger of being eviscerated. It doesn’t matter that Washington is failing to adequately provide for the education of its youth, as our state Supreme Court just ruled. It doesn’t matter that the state and its many local governments continue to lay off public workers, making our unemployment problem even worse. As far as Tim Eyman is concerned, an all-cuts budget would be welcome news. In fact, his goal is to ensure that this happens… he wants Washington’s government wrecked so it cannot serve its people.

The remaining reporters who still cover state affairs as part of the Capitol press corps owe it to their readers to challenge and expose Eyman when he masquerades as a proponent of direct democracy with fake slogans such as “let the people decide”. Empowerment and self-determination are the opposite of Eyman’s real agenda, and the media ought to know that by now.

Debunking Tim Eyman’s budget fabrications

Rethinking and ReframingStatements & Advisories

Eager to put the failure of I-1125 behind him, Tim Eyman has, in recent days, resorted to attacking one of his favorite targets (Governor Chris Gregoire) in his multi-weekly fundraising appeals to his band of followers.

Eyman’s latest email, dated today, is a doozy; to describe it as chock-full of fabrications would be a major understatement. It is impressively crammed with blatantly false statements and mischaracterizations.

On occasion, we take the time to deconstruct Tim Eyman’s nonsense blow-by-blow, to illustrate what we mean when we say that he is a snake oil salesman.

We’ve done that again today.

For your reading enjoyment, here is the most dishonest, deceptive paragraph from Eyman’s email, followed by our line-by-line refutation of it.

Gregoire’s first term involved explosive spending growth that was completely unsustainable: 34% spending increases. Her mountain of spending made the valley of deficits that much deeper. So by their crazy math, they claim they’ve cut spending $10 billion. And they believe the only ‘fair’ way to balance the budget is with 1/2 tax increases, 1/2 spending cuts. So that means $5 billion in tax hikes, not $500 million. If not for I-1053, they could take as much as they want and with an “emergency clause” slapped on, there’d be nothing the voters could do about it.

Let’s take this paragraph apart.

Claim #1: “Gregoire’s first term involved explosive spending growth that was completely unsustainable:  34% spending increases. Her mountain of spending made the valley of deficits that much deeper.

False. Governor Chris Gregoire’s first term began on January 12th, 2005 and ended January 14th, 2009. During those four years, state and local expenditures per $1,000 of personal income actually fell. (This is the measurement economists use to compare our government’s finances from year to year).

According to the Office of Financial Management, state and local expenditures per $1,000 of personal income were $205.75 in 2004 – the year before Gregoire took office. In 2005, they declined slightly to $199.41, and they dropped again in 2006 to $196.41. Expenditures stayed constant in 2007 and then went up a smidgen in 2008. Here’s a table, which can also be seen on OFM’s website.

2008 $197.74
2007 $196.41
2006 $196.41
2005 $199.48

That page also has a chart showing that expenditures have been somewhat constant over the last two decades. There have been highs and lows, but no wild swings.

OFM’s data, by the way, is derived from the U.S. Census Bureau and the U.S. Bureau of Economic Analysis.

Eyman’s “explosive spending growth” claim is pure fiction, and he knows it.
Claim #2: So by their crazy math, they claim they’ve cut spending $10 billion.
In reality, it’s Eyman’s math that’s crazy – not the governor’s and not OFM’s. Eyman routinely (and dishonestly) fabricates numbers. Being accurate is not important to him. Unlike Eyman, Governor Gregoire and state economists have to operate in the real world. They can’t lie with impunity like he can.
The correct figure is actually $10.5 billion in cuts over the last three years, not $10 billion. It should be understood that $500 million is not an insignificant amount of money. In fact, it’s a huge amount of money.

Claim #3: “[T]hey believe the only ‘fair’ way to balance the budget is with 1/2 tax increases, 1/2 spending cuts.”

False. We assume that “they” means Governor Gregoire and Democratic lawmakers (it’s not clear who else Eyman would be referring to). To our knowledge, neither Democratic legislative leaders nor any subset of the House and Senate Democratic caucuses have formally released a plan for addressing the latest budget shortfall, let alone a plan with a formula of “1/2 tax increases, 1/2 spending cuts.”

Governor Chris Gregoire, on the other hand, has released a plan for addressing the budget shortfall. If adopted as proposed, it would make $2 billion in cuts, raise $835 million in revenue, and leave $600 million in reserves. The $2 billion in proposed cuts is more than twice the amount of proposed new revenue.

The governor has repeatedly made it clear she does not want to make any more cuts to vital services, period. “I don’t want anyone to think that I like these options,” Gregoire said on October 27th, when she rolled out the first draft of her plan for dealing with the budget shortfall (which did not include any revenue increases).

Contrary to what Eyman implied in his email today, Gregoire has not used the word “fair” to describe her more recent, amended proposal, which calls for some revenue to cancel out devastating cuts. That’s probably because she recognizes that there is nothing that’s fair about the situation we’re in as a state, and nothing fair about a response that is mostly oriented around counterproductive austerity measures (which is a kinder way of saying evisceration of vital public services that people rely on).

What the governor did say is this: “After three years of cutting, now is the time to invest in a better future for all Washingtonians… I believe Washingtonians will stand with me. I believe they are tired of tearing down the services our parents and grandparents built — services that reflect the special values of Washington State.”

Claim #4: So that means $5 billion in tax hikes, not $500 million.

False. The governor has proposed increasing the state sales tax from 6.5% to 7%. The increase would be temporary, expiring on July 1st, 2015. The increase would go into effect on July 1st, 2012, and is projected to bring in $494 million through June 30th, 2013. If it brought in a similar amount in the two subsequent years it remained in effect, then the total raised would amount to approximately $1.5 billion.

The governor is also asking the Legislature to approve $341 million in additional revenue alternatives, some of which are temporary. If all of them were approved, that would bring the total raised through June 30th, 2013, to $835 million.

The Office of Financial Management has not estimated how much revenue the governor’s plan would bring in through July 1st, 2015. But even if we assumed that the governor’s plan would increase state revenue by $835 million per year beginning July 1st, 2012, and ending July 1st, 2015, that’s still only $2.5 billion… not $5 billion.

Claim #5: If not for I-1053, they could take as much as they want and with an “emergency clause” slapped on, there’d be nothing the voters could do about it.

False. Voters have the power to fire the entire House of Representatives and half the Senate every two years. If we the people of Washington don’t like the decisions our lawmakers make, we can vote our lawmakers out of office. That’s what representative democracy is all about. (Every Washington voter, Tim Eyman included, is represented by two state representatives and one state senator).

Furthermore, as the American Beverage Association proved last year with Initiative 1107, it is possible to force a public vote on a revenue increase even if the emergency clause is invoked. That’s because, although a bill with the emergency clause attached cannot be subject to referendum, it can still be repealed by initiative.

During the 2010 legislative session, lawmakers voted to slightly raise taxes on soda. The ABA (which is mostly funded and controlled by The Coca-Cola Company, PepsiCo, and Dr Pepper Snapple Group) responded by dumping $16 million into I-1107, a statewide initiative which was approved at the November 2010 general election. I-1107 rescinded the tax increase on soda, the tax increase on candy, and put back into place an unfair tax exemption the Legislature had repealed.

Statement on the apparent defeat of I-1125

Election PostmortemStatements & Advisories

Following the release of the first returns for the 2011 general election, NPI’s Permanent Defense published the following statement, reacting to the apparent defeat of Tim Eyman’s I-11125.

Many long months of working to educate voters about the cost and consequences of Tim Eyman’s Initiative 1125 thankfully appear to be paying off tonight.

Although many ballots have yet to be counted, early returns suggest that when the election is certified, Washington will have rejected yet another senseless Eyman scheme to paralyze transportation planning and wreck government.

“We’re pleased to see that I-1125 is failing both east and west of the Cascades,” said NPI founder Andrew Villeneuve, observing that the initiative was losing in counties like Whitman as well as King, Snohomish, Kitsap, and Island counties. “Tonight, Washingtonians are thoughtfully saying yes to safe roads and no to Tim Eyman’s plot to slap handcuffs on the wrists of our transportation planners. This is a significant victory for our common wealth and for the common good.”

“For months, we’ve been working alongside many friends and allies to ensure that I-1125 received the opposition it deserved,” Villeneuve added.

“We’re delighted that those efforts have paid off. We’re especially grateful to each and every activist that helped phonebank, put up yard signs, knock on doors, and distribute literature. Getting out the vote requires a big time commitment, but it’s crucial. Donations of time are just as important as donations of money.”

“We thank the voters for considering the concerns that we raised, and ultimately agreeing with us that Washington simply couldn’t afford I-1125.”

Statement on Tim Eyman’s lawsuit against the City of Redmond

Statements & Advisories

Earlier today, Tim Eyman (represented by Seattle attorney Daniel Quick) filed a lawsuit against NPI’s hometown, the City of Redmond, which seeks to force Mayor John Marchione and the city council to forward petitions for an initiative orchestrated by red-light camera opponent Scott Harlan to the King County Elections Division for processing.

Based on the advice of Redmond’s attorney, the city’s elected leaders last week concluded that the anti-camera measure Harlan spearheaded (with publicity arranged by Tim Eyman) did not concern a subject that could be legitimately put to a public vote under the laws of the State of Washington. After reaching this determination, the city made it known that it would not be sending the petitions for Redmond Initiative No. 1 to King County Elections for verification.

Scott Harlan subsequently threatened to sue the city, but not surprisingly, it is Tim Eyman’s name that is appearing on the lawsuit.

Neither Eyman nor Harlan resides within Redmond.

“Once again, Tim Eyman is interfering in the affairs of a jurisdiction in which he has no vote,” said NPI founder Andrew Villeneuve, who is a lifelong Redmond resident. “Several of Tim Eyman’s poorly written, ill-conceived statewide initiatives have directly hurt the people of Redmond and eliminated funding for public services in Redmond. Now Tim has is taking us and our elected leaders to court in an attempt to garner more publicity for himself.”

“The issue of whether it makes sense for the city to maintain and operate red-light cameras is a serious one that combines many topics, including public safety, fiscal responsibility, and civil liberties. An issue like this deserves true discussion and debate that goes beyond sound bites and talking points. We have no objection to Tim Eyman using his First Amendment rights to express his views on red-light cameras, but by filing this lawsuit, Eyman has gone from commentator to litigator. As a resident of Redmond, I know I speak for many of my neighbors when I say that Tim Eyman’s interference in our city’s business is not welcome.”

RE: Given the state’s newest revenue forecast…

Legislation & TestimonyRethinking and ReframingStatements & Advisories

Washington’s Legislature passed a budget last spring that relied on revenue forecasts which were too optimistic. The Economic and Revenue Forecast Council yesterday projected that the state will collect $1.4 billion less in taxes between now and 2013 than it had previously estimated.

Consequently, Governor Gregoire and lawmakers must now figure out how to close yet another deficit, after having already eliminated or slashed vital public services earlier this year.

Unless the governor and lawmaker decide to raise revenue to close the shortfall, there is no way that this deficit can be closed without hurting the lives of Washington families, especially seniors, youth, and veterans. We are the past the point, figuratively speaking, where we are scraping bone as a state, in terms of our public services. Without new revenue, we’ll have to chop off limbs.

The governor and state lawmakers ought to call upon those who fiercely oppose raising revenue – including Tim Eyman and his corporate allies – and insist that they help write a modified state budget. The time has come for the people responsible for bringing us Initiative 1053 to take responsibility for the consequences stemming from the outcome of the election they bought.

Tim Eyman has turned himself into a full-time citizen – sorry, make that corporate – lawmaker. If lawmaking is what he wants to do, then he needs to be accountable like any other lawmaker. We have a fiscal emergency.

This is an all hands on deck situation.

We at NPI propose that the state begin closing this $1.4 billion shortfall by sunsetting outdated and unnecessary tax loopholes.

For instance, there is a loophole on our books now which allows Wall Street banks to avoid paying business and occupation taxes on the interest or investment earnings made from the interest from residential first mortgages. There are dozens upon dozens of loopholes like this that could be closed, which could save what is left of our public services from being further eviscerated.

If Tim Eyman and his sympathizers do not want to raise revenue as we propose, then they must spell out what they want to cut. That is the only other choice. Eyman said today, “With I-1053, tax increases become an absolute last resort… Olympia must exhaust all other options first. That’s what the people want.”

Actually, what people want is for the economy to get better. But it won’t as long we keep wrecking government and destroying public services, which is the only course of action that I-1053 was designed to allow.

We encourage reporters and lawmakers to take every opportunity to ask Tim Eyman: What “other options” do you have in mind?

Should we cut off our universities and colleges and say, “You’re on your own! No more state money!” Should we begin releasing prison inmates early? Should we end Apple Health or Disability Lifeline entirely?

As a state, we can either move forward or slide backward. We can move forward by raising revenue to save vital public services that we all depend on. Or, we can slide backward by eliminating services, laying off more public workers, and abandoning people who desperately need help.

There isn’t a third choice.

Our elected lawmakers have spent the last decade backfilling like crazy, cleaning up after unelected lawmakers like Tim Eyman. Well, the days when we could backfill and mitigate the ramifications Eyman’s initiatives are over.

Now come the days of reckoning.

For too long, Governor Gregoire and lawmakers have tried to ignore Tim Eyman because they haven’t wanted to confront him.

But we need a confrontation. Washingtonians need to be given an opportunity to think about what kind of state they want to live in before the governor and Legislature play TimCity for real. If Eyman and his corporate backers want a budget with no new revenue in it, they need to help write that budget. The governor and state lawmakers should insist that they participate in identifying cuts.

And reporters should start replying to every email Tim Eyman sends with a simple one-liner: Hey Tim… what do you think we should cut?

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Permanent Defense works to protect Washington by building a first line of defense against threats to the common wealth and Constitution of the Evergreen State — like Tim Eyman's initiative factory. Learn more.

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