Tag Archives: IL26-638

IL26-638 is an initiative to the 2025 Washington State Legislature sponsored by right wing mega-millionaire Brian Heywood. It effectively requires young people who want to participate in girls’ sports to prove they have vulvar anatomy. Families of young girls who haven’t paid for genetic or blood tests would have to submit to invasive genital exams. Boys are exempt.

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

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. 

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NPI's Permanent Defense project is a member of the coalition working to defeat Brian Heywood's latest crop of dangerous 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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