Why It Matters
Washington residents opposed to the state’s newly enacted income tax law are racing against a legal and logistical clock to put the measure before voters. The outcome of this court petition could determine whether Washingtonians get a direct say on a 9.9% tax on high-earning households — and set a significant precedent for how far the Legislature can go to shield tax legislation from the referendum process.
The dispute also has broader regional implications, as Washington has long been one of the few states without a traditional income tax, and neighboring states like Idaho and Oregon are watching the legal battle closely.
What Happened
Brian Heywood, founder of the conservative political committee Let’s Go Washington, filed an emergency petition with the Washington State Supreme Court on Friday, April 3, 2026, asking justices to order Secretary of State Steve Hobbs to process referendum paperwork targeting the state’s new income tax law.
Heywood filed the referendum shortly after Gov. Bob Ferguson signed Senate Bill 6346, commonly referred to as the “millionaires’ tax.” The law imposes a 9.9% levy on household wage income exceeding $1 million, set to take effect in 2028. The secretary of state’s office declined to process the referendum on Tuesday, citing provisions included by the Legislature — a move Heywood and his allies argue was an unconstitutional attempt to block citizen oversight.
In court filings, Heywood urged the justices to act quickly, warning that delays would effectively make the referendum effort impossible. “Time is already running out. Not granting accelerated review of this matter would unfairly render the entire process moot by significantly limiting the time available” to collect signatures, his petition states.
This legal clash follows a broader campaign by Let’s Go Washington, which has previously led successful initiative drives on parental rights and other conservative policy priorities in the state. For background on how the income tax fight began, see our earlier coverage of Washington’s income tax law and the initial pushback.
By the Numbers
- 9.9% — Tax rate imposed on household wage income above $1 million under Senate Bill 6346
- 154,455 — Number of valid voter signatures Let’s Go Washington must collect to qualify the referendum for the November ballot
- June 10, 2026 — Deadline to submit signatures if the Supreme Court grants the referendum request
- 2028 — Year the millionaires’ tax is scheduled to take effect under current law
- 1 emergency petition filed with the Washington State Supreme Court seeking expedited review
Zoom Out
Washington’s income tax battle is unfolding against a backdrop of mounting fiscal pressures across the Pacific Northwest. State lawmakers in Olympia turned to the new levy to address a projected multi-billion-dollar budget shortfall, but critics argue it opens the door to broader income taxation in a state that has never had one.
The legal fight also highlights growing tensions between legislative bodies attempting to insulate controversial laws from citizen referendums and voter rights advocates who argue such moves undermine democratic checks on government power. Washington’s courts have increasingly been pulled into high-profile policy disputes — a trend reflected in Washington State’s recent court clashes with prediction market platforms Kalshi and Robinhood over gambling laws.
Meanwhile, state fiscal accountability has come under scrutiny on other fronts. Washington’s State Auditor recently flagged $37 million in questionable federal child care payments, adding to public skepticism about government spending decisions ahead of a contentious election cycle.
At the national level, conservative-led referendum and initiative campaigns have gained momentum in multiple states as a tool to check progressive legislative majorities, and the Washington case is being watched as a potential model — or cautionary tale — for similar efforts elsewhere.
What’s Next
The Washington State Supreme Court must decide whether to grant accelerated review of Heywood’s emergency petition. If the court rules in his favor and directs the secretary of state to process the paperwork, Let’s Go Washington would need to launch an immediate and intensive signature-gathering campaign to meet the June 10 deadline.
Should the group succeed in collecting the required signatures, Washington voters could see the income tax referendum on the November 2026 ballot. A court ruling against the petition would almost certainly end the effort and allow Senate Bill 6346 to proceed toward its 2028 implementation date unchallenged by voters.
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