NPI celebrates Supreme Court ruling striking down Brian Heywood’s I-2066

In the CourtsStatements & Advisories

Today, the Washington State Supreme Court published its verdict in Climate Solutions et al v. State of Washington et al, ruling that Brian Heywood and the Building Industry Association’s Initiative 2066 is unconstitutional in its entirety because it encompasses more than one subject.

The decision permanently puts the kibosh on the harmful measure, which sought to prevent Washington communities from ditching methane gas as the state moves towards a clean energy future.

I-2066 was the lone Heywood-spearheaded measure to get past voters in 2024.

While Heywood’s measures to repeal the capital gains tax (I-2109), end the Climate Commitment Act (I-2117), and sabotage WA Cares (I-2124) were overwhelmingly rejected, I-2066 passed narrowly, 51.71% yes to 48.29% no.

I-2066 was promptly challenged in court as unconstitutional by a coalition of plaintiffs led by Climate Solutions, and King County Superior Court Judge Sandra Widlan found it to be unconstitutional in March of 2025.

The Supreme Court upheld Widlan’s ruling in its decision released today, on narrower grounds.

Six justices signed the majority opinion, while three dissented, led by Justice Sal Mungia, who was first elected on the same ballot I-2066 appeared on.

“I-2066’s diverse provisions enact distinct policies with discrete regulatory effects and therefore do not share rational unity as ‘omnibus legislation,’ the Court held. “Because I-2066 combines them in one initiative, we find that it violates the single subject rule contained in article II, section 19.”

The Northwest Progressive Institute (NPI), a research and advocacy focused nonprofit that prioritized defeating I-2066 in 2024 and made the measure’s defeat its top electoral priority, lauded the ruling.

“Today is a day of celebration. Washington’s Constitution has once again been upheld and Brian Heywood’s destructive I-2066 has been defeated,” said NPI founder and executive director Andrew Villeneuve. “This is a huge win for every community in our state… urban, suburban, and rural. With I-2066 kaput, we are freed of a major obstacle to our vital work of transitioning away from dirty fossil fuels that negatively impact our lives.”

“Meanwhile, our opposition has been reminded that bundling distinct proposals into a single initiative is not allowed. The Framers of the Washington State Constitution saw ‘logrolling’ as a corrupt, problematic practice, and they insisted on prohibiting it when they wrote our plan of government. A law in Washington cannot pass constitutional muster if it encompasses more than one subject. I-2066 has become the latest in a long list of right wing initiatives to flunk the tests that the courts use to determine compliance with Article II, Section 19 of the Constitution, as we anticipated might happen. The BIAW and Brian Heywood simply couldn’t be bothered to dot their i’s and cross their t’s when they drafted their scheme to lock us into a dirty energy future with methane gas.”

“As a consequence, I-2066 has now met the same fate as most of the Tim Eyman initiatives that voters didn’t reject: it has been struck down as unconstitutional in its entirety.”

NPI is grateful to Pacifica Law Group (which has also done work for NPI) for providing stellar representation for the plaintiffs in this successful legal challenge: Climate Solutions, Washington Conservation Action, Front and Centered, the Washington solar Energy Industries Association, Washington Physicians for Social Responsibility, King County, the City of Seattle, Anthony Maschmedt, and Dwell Development.

2066’s demise means that Heywood is 0 for 4 on the portion of his slate that went to the November 2024 ballot. Three other Heywood measures were taken off the ballot when the Legislature voted to adopt them, but two of those, I-2081 and I-2111, have since been superseded by newer laws the Legislature passed: the Safety Act and the Million Dollar Earners Tax.

After taking a year off, Heywood is back this year with three more initiatives: 645, 001, and 638. 645 seeks to repeal the recently enacted million dollar earners tax, while 001 is an effort to reenact I-2081. 001 and 638 are “culture war” schemes that would jeopardize student rights, endanger LGBTQ+ youth, and deny kids opportunities to play sports with their friends. NPI’s Permanent Defense is urging a ‘NO’ vote on all three through its Wrong For Washington campaign.

MORE INFORMATION ABOUT I-2066

NPI provided the hosting for the NO on I-2066 coalition website and continues to maintain it as a “living archive.” Unlike many campaign sites from 2024, the entire site remains accessible today. It is a useful resource for covering today’s Washington State Supreme Court decision.

The coalition opposed I-2066 for the following reasons:

  • It would make energy bills more expensive and raise costs for families and individuals, especially those living on low-incomes.
  • It would jeopardize energy efficiency programs and take away important customer rebates – reducing access to efficient, money-saving appliances.
  • It would prevent towns, cities, and counties from making decisions that work best for their communities.
  • It would roll back existing laws that keep our utilities on the path to clean energy.
  • It would undermine our Clean Air Act, threatening health protections against harmful air pollution.

A downloadable fact sheet and FAQ are available here.

A list of coalition members is here.

Signature totals aren’t evidence of public opinion: What to know as Brian Heywood turns in signatures for IP26-645

Rethinking and ReframingStatements & Advisories

This afternoon in Tumwater, right wing mega-millionaire Brian Heywood’s operatives will be submitting signatures for IP26-645, Heywood’s latest measure that seeks to repeal the million-dollar earners tax enacted by the Legislature and Governor Bob Ferguson in March.

At these turn-in events at the Secretary of State’s Elections Annex in Tumwater, it has become Heywood’s custom to stand in front of a big posterboard and brag about how many signatures he procured, while using a big black marker to “announce” the total.

Sometimes, Heywood will also break down what the suspected party affiliation is of the signers (for instance, x% percentage of signatories are believed to be Democratic voters based on data analysis).

Heywood does this because he wants everyone to think that what he’s proposing is popular.

But don’t be fooled: Signature totals are not evidence of how the public feels about a ballot measure. Anyone with enough money can qualify anything they want for the ballot, regardless of subject.

So long as one or more wealthy donors is willing to part with the money to pay a workforce to gather the signatures over the span of at least a few weeks, the measure will qualify — it becomes a matter of logistics. Plenty of people will sign anything once asked, and what’s more, petitioners are even known to tell voters who display some hesitancy that their signature is “just to get it on the ballot,” and they’ll have an opportunity to vote yes or no later if it qualifies.

An initiative can qualify for the ballot with a huge number of signatures and go on to fail, even spectacularly. We can see this from looking at the electoral history: the Office of the Secretary of State maintains a list of the initiatives with the highest signature counts, and quite a few of the top twenty-five were anti-tax measures that were rejected, including three of Heywood’s own measures from 2024:

  • Rejected: Brian Heywood’s I-2117, 2024 (repeal of the Climate Commitment Act)
    • Fourth highest number of signatures on SOS list (466,072)
    • No vote in November 2024: 61.95%
  • Rejected: Brian Heywood’s I-2109, 2024 (repeal of the capital gains tax on the wealthy)
    • Eighth highest number of signatures on SOS list (436,474)
    • No vote in November 2024: 64.11%
  • Rejected: Brian Heywood’s I-2124, 2024 (sabotage of WA Cares)
    • Tenth highest number of signatures on SOS list (427,481)
    • No vote in November 2024: 55.46%
  • Rejected: John Carlson and Kirby Wilbur’s I-912, 2005 (repeal of gas tax increase)
    • Twelfth highest number of signatures on SOS list (400,996)
    • No vote in November 2005: 54.62%
  • Rejected: Costco’s I-1100 (liquor privatization)
    • Fourteenth highest number of signatures on SOS list (395,917)
    • No vote in November 2010: 53.43%
  • Rejected: Dennis Falk’s I-920, 2006 (repeal of estate tax)
    • Fifteenth highest number of signatures on SOS list (395,219)
    • No vote in November 2006: 61.78%
  • Rejected: Young’s and Odom’s 1105 (liquor privatization)
    • Twenty-first highest number of signatures on SOS list (358,525)
    • No vote in November 2010: 65.04%
  • Rejected: Initiative 522 (GMO food labeling)
    • Twenty-fourth highest number of signatures on SOS list (353,331)
    • No vote in November 2013: 51.09%

There are also measures on the list that barely passed, like Brian Heywood’s I-2066, which appeared on the November 2024 ballot and was subsequently struck down as unconstitutional (an appeal is pending).

What is suggestive of public opinion is research done according to the scientific method, meaning neutral questions asked of representative samples. 

Polling for the I-645 opposition coalition, to which NPI belongs, has found that a majority of voters indicate they oppose I-645 before any messaging. That’s a dangerous place for a yes campaign to be at the starting gate.

As the list above shows, several of the drives with the highest signature totals in Washington State history are Heywood’s.

But those totals didn’t set him up for success last cycle.

This looks likely to be a vigorous, hard-fought campaign, and it will be won by the side that makes the best arguments to voters.

The Columbian scolds Brian Heywood and his PAC: “Targeting transgender people diminishes us”

From the Campaign TrailRethinking and Reframing

The editorial board of The Columbian, the largest newspaper in Southwest Washington, has published an editorial reacting to the submission of signatures for IL26-638, one of two “culture war” ballot measures that right wing mega-millionaire Brian Heywood is forcing a statewide vote on in 2026. The board, which is not particularly liberal or progressive, concluded that “targeting transgender people diminishes us,” writing:

But hyperbole ignores the fact that gender identity is a difficult and painful question for many, particularly teens going through puberty; that gender-affirming care often includes testosterone blockers that inhibit athletic advantages; and that there remain few transgender athletes competing in high schools.

Those aspects and the impact on female athletes who compete against biological boys or might be displaced by them on the team roster must be considered without rhetoric that demonizes transgender athletes. Targeting transgender people as “others” — whether in high school athletics or the workplace or the corner coffee shop — diminishes us as a society.

Too often, a stated desire to “protect female athletes” is code for discrimination targeting transgender people. In the process, it obfuscates what could be productive societal discussions about balancing the rights of all athletes.

Heywood, of course, doesn’t care about diminishing society. He is looking for a “wedge issue” that could give his initiative factory a win, after getting crushed in the 2024 presidential election with voters’ rejection of three initiatives he spearheaded to repeal the Climate Commitment Act, defund the Education Legacy Trust, and sabotage the WA Cares Fund.

Washingtonians have previously voted to uphold civil unions, marriage equality, and comprehensive sexual health education, and we believe they’ll vote to uphold protections for transgender people, too. It’s been twenty years since we changed our law against discrimination to protect LGBTQ+ people, and we’re not going back, no matter how badly Brian Heywood and his ilk pine for a return to a time when people with different sexual orientations lacked legal protections.

NPI’s Permanent Defense celebrates demise of Jim Walsh’s mass voter cancellation initiative and vows to vigorously oppose Brian Heywood’s 2026 slate

From the Campaign TrailStatements & Advisories

Today, as the deadline passed to submit signatures for 2026 initiatives to the Washington State Legislature, the Northwest Progressive Institute’s Permanent Defense project celebrated the demise of State Republican Party Chair Jim Walsh’s horrific mass voter cancellation initiative while vowing to continue helping Washington Families For Freedom build a strong, broad, effective opposition campaign to defeat mega-millionaire Brian Heywood’s slate of destructive initiatives targeting student safety and LGBTQ+ rights. 

Walsh admitted in a posting to Twitter late Friday afternoon that IL26-126 had insufficient signatures to qualify, after canceling his appointment to turn in signatures at 4:30 PM with the Secretary of State’s Elections Division office in Tumwater. The measure would have canceled the voter registrations of the majority of Washington’s five plus million registered voters who don’t have an enhanced driver’s license or enhanced state ID unless those millions of voters went in-person to a county auditor’s office before the November 2027 general election with very specific paperwork to “prove” their citizenship… like an “an original, certified birth certificate from a United States birth place, issued by a city, county, state, or territory, that contains… A registrar’s raised, embossed, impressed, or multicolored seal…” 

“The failure of IL26-126 is a victory for voting justice and good sense,” said NPI founder and executive director Andrew Villeneuve, who has been organizing opposition to right wing initiatives in Washington for nearly twenty-four years. “Our polling last year found that 60% of Washington voters wanted Jim Walsh to abandon his mass voter cancellation initiative after hearing his pitch for it and Washington State Democratic Party Chair Shasti Conrad’s case against it. While Walsh did not listen, he was unable to persuade enough people to jump on his voter suppression and disenfranchisement bandwagon to force a vote on this incredibly stupid and discriminatory idea. Good riddance to IL26-126!”

“As for Brian Heywood’s IL26-001 and IL26-638: We’re already hard at work building a campaign to defeat these divisive and incredibly destructive measures that seek to use Washington’s youth as pawns in the right wing’s ridiculous and vicious culture war.”

“Our constituencies and organizing community have a long track record of success against measures like these. Every time in recent history the right wing has attempted to exploit a social issue by forcing a statewide vote, we have shown that they are out of touch with public opinion. Since the new millennium began, they have tried to overturn civil unions and lost. They have tried to overturn marriage equality and lost. And they have tried to overturn comprehensive sexual health education and lost.”

“We’ve heard the right wing attribute their defeats to a lack of money, or tactical errors, or unfavorable electoral dynamics, but the truth is, they are losing because their extreme agenda is abhorrent to most Washington voters. Our coalition stands ready to unite Washingtonians behind our finest traditional values once again this November and send both of these measures to the dustbin, just like we did in 2024 with the three awful Heywood measures that sought to defund the Education Legacy Trust, repeal the Climate Commitment Act, and sabotage WA Cares.” 

Right wing local news site headline: “Republicans are in panic mode as initiative deadline approaches”

From the Campaign TrailThreat Analysis

Mega-millionaire Brian Heywood and Let’s Go Washington may have gathered enough legally sufficient signatures to force the Secretary of State to process their IL26-001 and IL26-638 petitions, but Republicans are apparently not feeling confident about qualifying Jim Walsh’s voter cancellation initiative (IL26-126), judging by this headline from Mario Lotmore’s Lynnwood Times: “Republicans are in panic mode as initiative deadline approaches.”

Walsh has previously characterized that measure as being on track to qualify. But he hasn’t been putting out signature counts like Heywood and his spokesman have for the other two measures, which has been telling. Walsh’s spin has now been totally undercut by right wing operative Scott Pressler, who said in a clip posted to Twitter by right wing talk show host Ari Hoffman: “The voter ID initiative is likely to fail on Jan 2nd… My question to Washingtonians is, if you really want election integrity, why are we not getting the signatures?”

The answer to that question is that signature drives are logistically complex organizing endeavors that are rarely successful without paid labor. It doesn’t matter what a cause is or how much grassroots support it has: if people aren’t being paid to collect signatures, getting that cause on the ballot in the form of an initiative or referendum is going to be exceptionally difficult.

Brian Heywood learned this years ago. His initial attempt to put a slate of initiatives on the Washington ballot in 2022 ended in complete failure. Not a single measure qualified. The mass media and political observers only started taking him seriously after he opened his checkbook and began shelling out big sums for paid signature gathering in 2023.

By this time two years ago, Heywood had bought enough signatures to qualify six schemes to the 2024 Washington State Legislature.

For 2026, Heywood is going for just two, while Walsh tries to ride his coattails with IL26-126. Heywood has been happy to have petitions for IL26-126 at “super signing events” organized by Let’s Go Washington — many of them staged at public school gymnasiums — but evidently Heywood’s hired help is not being paid to carry the 126 petitions.

That means 126 is on the verge of failing — and right wing media personalities are worried about the optics. “The media will paint it as a failure, it’ll be harder for the next initiative & we’ll have given a gift to Democrats,” Hoffman groused on Elon Musk’s Twitter.

True on all counts.

That’s why attempting this initiative was a bad idea.

Shortly after Walsh announced it, we released polling showing that 60% of Washingtonians wanted Walsh and the state Republicans to abandon ship and ditch Walsh’s voter cancellation measure. Walsh did not listen. If he crashes and burns next week, it will be an inferno of his own making.

We expect Heywood will be submitting signatures IL26-001 and IL26-638, though there’s some nervousness on the part of his allies about the size of their cushion.

“The initiatives to [destroy the Safety Act and mandate invasive genital exams] in WA are close to getting enough signatures, but not quite there yet,” Republican State Representative Travis Couture wrote. “If you have signatures to send in, sending them by mail might not get there in time. Instead of the mail, the Let’s Go Washington website has drop off locations for signed petitions, and in some circumstances you can reach out and they’ll pick them up for you.”

Brian Heywood has informally adopted Jim Walsh’s voter cancellation initiative onto his slate for 2026

Threat Analysis

Mega-millionaire Brian Heywood confirmed in a Twitter post today that petitions for Washington State Republican Party Chair Jim Walsh’s mass voter cancellation initiative are being circulated at “super signing events” that are being organized by Heywood’s Let’s Go Washington political committee, effectively making Walsh’s IL26-126 part of Heywood’s slate of 2026 measures.

Heywood posted a photo of people signing petitions and said: “Lots of support in Tumwater for protecting girls sports, keeping parents informed, and needing an ID to register to vote….”

Brian Heywood photo
A photo posted by Brian Heywood on Twitter of his December 13th event in Tumwater

This is a reference to three measures:

  • Heywood’s IL26-001, which repeals the Safety Act signed into law this year protecting youth and expanding parental rights
  • Heywood’s IL26-638, which requires young girls across Washington to submit to invasive genital exams just to participate in student athletics
  • Walsh’s IL26-126, which would cancel the voter registrations of any Washington voter who doesn’t have an enhanced driver’s license and doesn’t go in person to “prove” their citizenship

The Let’s Go Washington website has long promoted the first two measures. The third, an obsession of Walsh’s, has not been circulated under the Let’s Go Washington banner.

But that appears to be changing. Heywood has embraced IL26-126.

Yesterday evening, Walsh said in a Twitter update of his own that the state party and Let’s Go Washington would be setting up a “pony express” to acquire petitions they’ve distributed for submission to the Secretary of State’s office:

@WAGOP in conjunction with @letsgowa are embarking on a pony express-like system to collect signatures from various drop-off locations across the state. “All three initiatives are on track to qualify by the Jan 2, 2026, deadline,” adds Chairman.

The tweet is accompanied by an odd-looking video recorded in Walsh’s office with Walsh in the corner of the frame instead of centered:

In December 2023, Walsh and Heywood submitted millions of signatures for six destructive right wing initiatives. All six qualified. Three were taken off the ballot by the Legislature and passed into law; one of those, I-2081, was subsequently superseded by the Safety Act this year. The other three went to the ballot and were resoundingly defeated by Washingtonians. A seventh measure that qualified as an initiative to the people in 2024 passed narrowly and is being challenged in court.

WFF critique of IL26-638 leaves Brian Heywood and his spokeswoman scrambling

Rethinking and Reframing

Right wing mega-millionaire Brian Heywood has a big problem on his hands.

He and his operatives are so obsessed with controlling other people’s bodies and infringing on other people’s freedoms that they apparently never considered the ramifications of the enforcement mechanism they cooked up to bar trans girls from participating in girls’ sports.

Ever since Washington Families For Freedom pointed out that their IL26-638 effectively requires young people who want to participate in girls’ sports to prove they have vulvar anatomy, Heywood and Company have been in damage control mode.

Heywood and his spokesman are now openly denying they’re interested in what’s inside young girls’ pants, even though their initiative most certainly is.

Before we discuss their reactions, let’s first take a look at the language of IL26-638.

Here’s Section 3 of the measure:

NEW SECTION. Sec. 3. A new section is added to chapter 28A.600 RCW to read as follows:

(1) Policies, procedures, rules, and other requirements adopted in accordance with RCW 28A.600.200 by a school district board of directors or a voluntary nonprofit entity must prohibit biologically male students from competing with and against female students in athletic activities with separate classifications for male and female students if the athletic activity is:
(a) Intended for female students only; and
(b) An individual or team competition activity.

(2) A student who elects to participate in individual or team competition activities intended for female students only governed under subsection (1) of this section shall provide, as part of the required routine sports physical examination, a health examination and consent form or other statement signed by the student’s personal health care provider that verifies the student’s biological sex, relying only on one or more of the following: The student’s reproductive anatomy, genetic makeup, or normal endogenously produced testosterone levels.

The highlighted portion is the critical bit. The measure requires “a health examination… that verifies the student’s biological sex.” Since most young girls’ families probably won’t have genetic tests or bloodwork that would show testosterone levels, the “verification” will be “a health examination” that attests to “the student’s reproductive anatomy.”

In other words, adults looking to see if young girls have vulvas and vaginas.

That’s what that means.

The initiative tries to make this new requirement sound normal — the word “routine” is even used in Section 3 — but what’s being mandated here is quite invasive.

Boys are exempt, by the way. Only Washington girls would be subjected to this new “verification” regime — because this is all about power and control.

Elizabeth Wareing, a mom of two girls and police detective for nearly thirty years, spoke at a press conference organized by our Washington Families For Freedom coalition last month and said:

“I spent nine years investigating hate crime and bias incidents, and many other years investigating crimes against children, sexual assault and domestic violence. Initiative IL26-638 would force girls to prove their sex before participating in sports, including being forced to expose their genitals to an adult, if they don’t have other documentation. This requirement would disproportionately affect children who don’t have documentation or regular access to a physician.”

“In addition to violating a child’s dignity, I believe there is a high potential for sexual abuse under circumstances such as these. According to the CDC, nearly one in four girls experience sexual violence before the age of eighteen in this country. Sexual predators often set themselves up as authority figures to give themselves more power and access to their victims. I believe this initiative would increase the risk of sexual abuse for girls participating in sports.”

Let’s Go Washington’s response has been very revealing.

“What’s so disgusting about that is they can just shout out that they’re going to make little girls take their pants down before they can play a soccer game,” whined Hallie Balch, Brian Heywood’s spokeswoman, in a comment to The Center Square. “And people just run with that. It’s so egregious what they’re saying. They’re just putting this incendiary idea in the people’s minds, and it has absolutely nothing to do with what we’re talking about.”

Balch may not want to talk about what’s in Section 3 of IL26-638 and what the verification regime entails, but we believe it’s vital that Washingtonians know all about what they’ll be voting on.

This is Let’s Go Washington’s initiative. They drafted it and they own what’s in it.

“To be very honest we have zero interest in what is in your pants,” Heywood added in a tweet posted on December 11th. “We do you think you should not play on a high school girls volleyball team and should stay the heck out of their changing rooms.”

Brian, if you feel the need to publicly say things like: “To be very honest we have zero interest in what is in your pants,” then you have a problem. A huge problem. It’s a fact that IL26-638 says what’s excerpted above, and credible analysis of that provision suggests it will increase the risk of sexual abuse for girls participating in sports. That’s horrifying.

Fortunately, we can prevent Heywood’s invasive genital exams by rejecting IL26-638 next November. To help Permanent Defense defeat this awful measure, you can make a donation here.

Brian Heywood’s initiative factory is active again: Mega-millionaire will circulate petitions for two measures to sabotage youth and LGBTQ+ rights

Statements & AdvisoriesThreat Analysis

Washington voters sent right wing mega-millionaire Brian Heywood a powerful message last November when they rejected most of his slate of destructive initiatives that sought to roll back major laws the Legislature had passed by historic margins. But Heywood, who been a witness to the Washington State Republican Party’s mounting electoral losses, has said several times since then that he’s not ready to give up on trying to get deceptive and divisive initiatives past the voters.

After mostly laying low this summer, Heywood has now disclosed plans to try to qualify two measures to the 2026 Washington State Legislature. One attempts to overturn the landmark student rights and parental involvement law that the Legislature passed back in the spring, which superseded one of the three Heywood-backed initiatives that did not go to the ballot in 2024. The other cruelly targets transgender youth, seeking to bar transgender girls from participating in girls’ sports.

Each measure faces a signature collection deadline of January 2, 2026. Heywood will need to amass 386,000 signatures for each to secure a random sample check.

Given Heywood’s wealth, we expect each measure to qualify.

Neither measure will appear on this year’s odd-year ballot; Heywood has chosen the initiative to the Legislature route. That means each of the two measures will be sent to the House and Senate first.

It would be a huge mistake for legislators to adopt either to keep them off the ballot — we need to defeat them to demonstrate to Heywood that voters don’t like his awful ideas and won’t vote for them, regardless of subject. We’ve proven that voters won’t go for Heywood’s plots to defund our common wealth; now, we must unite Washingtonians in defense of our cherished values of diversity, equity, and inclusion and show Heywood that his culture war schemes aren’t wanted either.

If you see signature gatherers hawking petitions for IL26-001 and IL26-638, decline to sign.

The petitions look like this:

Heywood's 2025 initiatives
A graphic created by Let’s Go Washington that depicts the two measures Heywood wants to qualify for 2026

The statements of subject, concise descriptions, and summaries for these measures are as follows:

IL26-001

Ballot Title
Initiative Measure No. IL26-001 concerns parental rights relating to their children in public school.

This measure would repeal amendments to a statute listing certain rights of parents and guardians of public-school children and re-enact the law as it was originally enacted by Initiative to the Legislature 2081.

Should this measure be enacted into law? Yes [ ] No [ ]

Ballot Measure Summary
This measure would re-enact RCW 28A.605.005 as it was originally enacted in Initiative to the Legislature 2081. The re-enacted law would list certain rights of parents and guardians of public-school children, including rights to review materials and student records, receive certain notifications and opt students out of certain activities. It would repeal amendments to the statute, which modified school obligations and access to certain student records and added certain parental rights.

IL26-638

Ballot Title
Initiative Measure No. IL26-638 concerns participation in athletics at K-12 schools.

This measure would prohibit students it defines as “biologically male” from competing in certain school athletic activities intended for female students only. It would require verification of biological sex by students’ healthcare providers.

Should this measure be enacted into law? Yes [ ] No [ ]

Ballot Measure Summary
This measure would require policies prohibiting students it defines as “biologically male” from competing with or against female students in certain interschool athletic activities that are intended for female students only. Students who choose to participate in such activities must provide a statement from the student’s healthcare provider verifying the student’s biological sex, based on reproductive anatomy, genetic makeup, or normal endogenously produced testosterone levels. These requirements would apply to individual or team athletic competitions.

NPI’s Permanent Defense is working with Washington Families For Freedom — a coalition of parents, teachers, students and community members working to stand up for every student’s right to fair, safe, and equal schools — to defeat these two measures.

To learn more about WFF, please visit the coalition’s website.

NPI thanks Judge Sandra Widlan for striking down the BIAW and Brian Heywood’s unconstitutional I-2066

In the Courts

Today, Judge Sandra Widlan issued a comprehensive, thorough ruling striking down the Building Industry Association of Washington and Brian Heywood’s deceitful measure seeking to keep Washington wedded to methane gas, a dirty and dangerous fossil fuel that the state has begun transitioning away from in favor of clean energy alternatives.

Judge Widlan found that the BIAW and Heywood’s Initiative 2066 violates Article II, Section 19 and Article II, Section 37 of the Washington State Constitution, granting a nonprofit-led coalition of plaintiffs represented by Pacifica Law Group summary judgment against the measure.

While Widlan’s decision is certain to be appealed to the Washington State Supreme Court, it is nevertheless a huge initial victory in the case, and increases the likelihood that I-2066 will be relegated to the dustbin of history, perhaps by year’s end.

NPI founder and executive director Andrew Villeneuve, who was present in the courtroom for oral argument and the ruling on the organization’s behalf, thanked Judge Widlan for delivering a verdict that upholds the Constitution and respects Supreme Court precedent.

“The Washington State Constitution is the supreme law of the land,” said Villeneuve. “It’s the plan of government for our republic. It protects majority rule with minority rights. It defines our core freedoms and bars their infringement. And, importantly, it prohibits deceitful and manipulate legislating practices like logrolling. All laws — whether they originate in the Legislature or from the people by citizen petition — must follow the Constitution.”

“The Building Industry Association of Washington failed to do that when they wrote Initiative 2066. They concocted a scheme to sabotage the work we’ve undertaken as a state to move away from dirty, dangerous fossil fuels like methane gas, and peddled it to voters using fabrications, including the false claim that it was needed to stop a gas ban, when in reality, there is no gas ban.”

“Now, they are realizing the consequences of writing a deceptive, malicious initiative and attempting to mask its harms. Our system of checks and balances worked today: it’s the responsibility of our judiciary to uphold the Constitution and say what the law is.”

“Judge Widlan fulfilled her oath. She read the briefs, studied the case law, heard all parties, and came back with a thorough verdict firmly rooted in precedent. Her well-reasoned decision ought to hold up on appeal when the Supreme Court gets the case.”

“This decision is a big victory for Washington’s communities. It’s worth celebrating, especially at a time when our U.S. Constitution is being trampled on by two of our federal government’s three branches, and sometimes disregarded by the third.”

NPI thanks Washingtonians for rejecting three of four Brian Heywood initiatives

Election Postmortem

Initial election results in the November 2024 general election show that Washingtonians have rejected three measures sponsored by Republican State Party Chair Jim Walsh and funded by right wing multimillionaire Brian Heywood that would have repealed or sabotaged landmark laws to strengthen education funding, fight pollution, and improve access to long-term care.

A fourth measure spearheaded by Heywood and Walsh’s political machine to disrupt Washington’s transition to a clean energy future was too close to call.

The four Heywood and Walsh measures attempted to:

  • Disrupt Washington’s transition to a clean energy future by making it more difficult for Puget Sound Energy to keep gas prices stable for customers who aren’t yet ready to electrify and prevent local communities from incentivizing a transition away from petroleum gas (Initiative 2066);
  • Repeal the capital gains tax on the wealthy that helped make Washington’s tax code more equitable and provided long overdue revenue for education, early learning, childcare, and school construction (Initiative 2109);
  • Dismantle Washington State’s landmark Climate Commitment Act, which we need to accelerate our transition to a clean energy future (Initiative 2117);
  • Sabotage the Washington Cares Fund, which the Legislature created to ensure Washingtonians would be able to access funding for long term care when they need it (Initiative 2124).

“Our thanks to the people of Washington for voting down Initiatives 2109, 2117, and 2124,” said NPI founder Andrew Villeneuve. “For over a year, our team at NPI has been working with the Defend Washington coalition to secure the Evergreen State’s future and stop greed. The early results are a testament to the success of our movement’s organizing and mobilizing work. We have saved the Education Legacy Trust, the Climate Commitment Act, and the WA Cares Fund… and that feels really, really great.”

“In this election, the public investment impact disclosure (PIID) law we worked so hard on saw its first application,with PIIDs written for I-2109, I-2117, and I-2124. Our team heard from many voters that the PIIDs made it easier to vote on the initiatives and understand their ramifications. According to our research, more than eight in ten Washingtonians support this vital transparency law, including majorities of Republican voters. We’re delighted that it worked as intended and look forward to proposing and championing more reforms that will strengthen the initiative process.”

“Initiative 2066 remains too close to call. We’ll see what happens with the late ballots. The result may be close. If the measure is not defeated, our movement will confer on options for preventing its harmful provisions from going into effect, or mitigating them.”

Please visit StopGreed.org for more information, including a FAQ about the initiatives.

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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 Brian Heywood's initiative factory. Learn more.

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