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I-912: The Post Mortem

Submitted by Benny G on November 10, 2005 - 3:19pm.
I-912: The Post Mortem

So, I-912, the initiative meant to kill the Gas Tax passed by the legislature ( but you knew that didn't you smarty pants?) failed by 6 percentage points (%53-%47). Better Donkey put together a darn funny, but very Western WA-centricvideo against the initiative. As was pointed out by some members here and here, the...ummm...aesthetic of this video ran the risk of prickling some Eastern WA sensibilities and demonstrated the depth of Weasterners lack opf understanding of the folks on the other side of the Mountains.

Now, aside from the angry name calling, what can we learn from how the I-912 fight came out.

So, what does this tell us?:

1. That turnout in the Pugest Sound can outweigh damn near the entire state. At least on a low-moderate turnout ballot.

2. That the voters just don't look two steps ahead at how things like gas tax money will effect their counties (note Spokane County). In other words, they vote on gut instinct ("Taxes bad!" or "Public investment good!"), not on an analysis of how the money will help their back yard.

3. That we progressives should seriously rethink how we run campaigns in this state and should focus our efforts with a laser-like intensity on strengthening our support in Snohomish and Pierce Counties.

4. That if Cantwell doesn't make the right moves in Pierce County, she will lose.

But, you ask, why is this important:

1. Because Tim Eyman is still alive.

2. Because within the next few weeks we will see the Washington Farm Bureau annouce a new initiaitve modeled on the Oregon "Takings" inititive (M-37) which will directly threaten the Growth Management Act, progressive zoning laws and the ability of the government (local, county or state)to shape groth and land development. In other words, Wal Mart will be able to build a big box store wherever the hell they please, and they'll have the anti-government crazies to thank for it.

To be honest, the "Takings" thing keeps me up at night. IT is going to happen, and we have to find a way to fit it and win. If we don't, this state will return to the dark ages.

Image from Seattle Times 11/9/05

Not to say that ideology isn't a factor at all, but your map shows a very strong correlation between money spent in a county and a "no" vote on I-912. It's true that the correlation isn't perfect, as the example of Spokane country illustrates. But the take-away certainly isn't, as you assert, that there is no significant correlation at all. Any statistician looking at that map will tell you that it shows correlation between a county's political support and the money spent there that is significant and strong.

Submitted by David Wright (not verified) on November 10, 2005 - 11:37pm.

Certainly strong environmental measures aimed to manage smart growth under GMA (e.g. King County's CAO) have raised the ire of property rights advocates. And I have heard rumblings of an M37 lookalike in the making, though I was surprised to hear your prediction the farm bureau will be offering one up shortly.

It raises the question: Given M37 was dubbed unconstitutional, violating not only several parts of Oregon's state constitution, but also due process under the federal constitution, how likely is it property rights nuts can put together a viable, legal measure in this state?

Submitted by frank swanson on November 12, 2005 - 9:08pm.

We all will pay the tax as drivers in Washington state, but given how many more drivers there are in King, Snohomish and Pierce counties who have commutes that are costly, shouldn't they also get the largest projects? That seems to make a lot of sense to me.

Submitted by Terra Nova (not verified) on November 13, 2005 - 6:26pm.

I agree about worrying about a Measure 37-like initiative in 2006, but caution against re-fighting the last war when that strategy doesn't apply.

Given results posted at King County Records and Elections, King County rejected Initiative 912 by 66.52%. While it shows that voters in the county overwhelmed the opposition elsewhere in the state this time, the No on 912 campaign was fighting for a responsible road package that had business, labor, and enviornmental support in the legislature and had funding for two key critical projects in this county in 520 and the viaduct. When you look at other issues, especially something like Measure 37, we would not be able to have such overwhelming support. (For example, Ron Sims only won 55% of the vote, which is telling as property rights advocates have made the Critical Areas Ordinance fight personal with Sims, though it was also passed by a majority of the King County Council.)

The fight against Measure 37 needs to be statewide. Spokane, Kitsap, Stevens, Clark, Skagit, and Whatcom counties all have farmland, critical areas, and natural resource land where local supporters can mount a strong defense of strategic land use planning, growth management, and resource area protection. Would a measure 37 be defeated in all of those counties? Probably not, but it would be important to rally some support to not require an unrealistic two-thirds victory in King County.

This is not a east-west issue. Unchecked sprawl development is the enemy here. We need to be smart about having a broad coalition of farmers, environmentalists, and supportive rural folks.

Submitted by Jay Arnold (not verified) on November 13, 2005 - 10:20pm.

M-37 was sent packing by Oregon courts. That defeat, I fear, will only help the anti-government folks to craft a version of the initiative that will be harder to throw out in court. Sort of like they got to test it in Oregon and now they can bring it up here.

full disclosure: i am not a lawyer and don't understand the nature of how and why the Oregon court threw it out.

Submitted by Benny G on November 14, 2005 - 8:50am.

From the PI on Tuesday:
SEATTLE POST-INTELLIGENCER

Land rights on '06 ballot?

Days after election, Farm Bureau launches initiative drive for next vote

Tuesday, November 15, 2005

By JENNIFER LANGSTON
SEATTLE POST-INTELLIGENCER REPORTER

The Washington Farm Bureau kicked off an initiative drive Monday night that would require the government to pay landowners harmed by land-use regulations, or allow them to use the property as they wish.

Just days after the fate of several major statewide initiatives was decided, groups on opposite sides of long simmering land-use tensions started gearing up for a fight that voters could settle next November.

Property rights advocates plan to file an initiative after the first of the year and begin collecting about 225,000 signatures needed to put it on next fall's ballot, officials said.

It's unfair to make landowners provide open space, wildlife habitat or other benefits to society without compensating them for their property's lost economic potential, they argue.
[...]
It's also being crafted to avoid the legal pitfalls encountered by Oregon's Measure 37, a property rights compensation package that passed with 60 percent of the state's popular vote last year.

A judge recently ruled the measure is unconstitutional, in part because it applied only to people who bought property before a zoning or environmental regulation was enacted. That decision is being appealed to the Oregon Supreme Court.

P-I reporter Jennifer Langston can be reached at 206-448-8130 or jenniferlangston@seattlepi.com.

© 1998-2005 Seattle Post-Intelligencer

Submitted by Benny G on November 16, 2005 - 11:51am.

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