The lawsuit filed to challenge the constitutionality of the two-thirds vote requirement for revenue increases won’t get to trial until Jan. 2013.
That’s what Jason Mercier at the Washington Policy Center is reporting on his blog this afternoon. That means the lawsuit won’t be resolved until well-after the current budget crisis is dealt with. Given that it will likely head again to the state Supreme Court, it might not even be in play when the 2013-15 budget is adopted during the 2013 regular session.
This is the lawsuit filed after a group of House Democratic freshmen triggered a scripted question-and-answer session with House Speaker Frank Chopp. The speaker said that a move to repeal a tax exemption would require a two-thirds vote, that he did not have the authority to determine that such an exemption was unconstitutional and that the members did not have the authority to overturn his ruling and pass the measure with a simple majority.
That was then used to get the question back before the courts.
Here’s the link to Mercier’s post. Mercier is opposed to the lawsuit and has advocated that the two-thirds requirement imposed by initiative, though constitutional in his view, should be placed into the constitution itself to end the legal wrangling.