Opponents Ask Court to Allow Referendum on Washington 'Millionaires' Tax'

Conservative group seeks to overturn new state income tax on high earners

Apr. 4, 2026 at 3:04am

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A dimly lit office desk with a laptop, coffee mug, and scattered papers, creating a sense of solitude and contemplation around the political and legal debates surrounding the new tax.The legal and political battle over Washington's new 'millionaires' tax' casts a long shadow over the state's economic future.Olympia Today

Opponents of Washington's new 9.9% income tax on household wage income above $1 million have asked the state Supreme Court to allow them to pursue a referendum, in hopes of giving voters a chance to repeal the controversial law in November. The secretary of state's office has already rejected the referendum filing, citing a 'necessity clause' in the legislation that exempts it from the referendum process.

Why it matters

The 'millionaires' tax' has been a major political flashpoint in Washington, with conservatives arguing it will drive high-earners out of the state and Democrats defending it as a way to fund critical public services. A successful referendum could deal a major blow to the new tax, while opponents are also pursuing a separate legal challenge arguing the law is unconstitutional.

The details

Brian Heywood, founder of the conservative political committee Let's Go Washington, filed an emergency petition asking the state Supreme Court to direct the secretary of state to process the referendum paperwork submitted on Monday. If the referendum qualifies for the ballot, Heywood's group would need to gather 154,455 valid voter signatures by June 10. However, the secretary of state's office has already rejected the referendum filing, citing language in the tax law that declares it 'necessary for the support of the state government and its existing public institutions.'

  • The new 'millionaires' tax' was signed into law by Gov. Bob Ferguson in April 2026.
  • Opponents filed a referendum on the tax law on Monday, April 3, 2026.
  • The secretary of state's office rejected the referendum filing on Tuesday, April 4, 2026.
  • Opponents have until June 10, 2026 to gather 154,455 signatures to qualify the referendum for the November 2026 ballot.

The players

Brian Heywood

Founder of the conservative political committee Let's Go Washington, which filed the emergency petition seeking a referendum on the 'millionaires' tax.'

Steve Hobbs

Washington Secretary of State, who declined to process the referendum paperwork filed by Let's Go Washington.

Bob Ferguson

Governor of Washington, who signed the 'millionaires' tax' into law in April 2026.

Citizen Action Defense Fund

A group planning to file a lawsuit arguing the 'millionaires' tax' is unconstitutional, with former state Attorney General Rob McKenna leading the litigation.

Rob McKenna

Former Washington state Attorney General and 2012 Republican candidate for governor, who will lead the Citizen Action Defense Fund's lawsuit challenging the constitutionality of the 'millionaires' tax.'

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What they’re saying

“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”

— Brian Heywood, Founder, Let's Go Washington

“Our response to the referendum filed by Let's Go Washington was based on decades of the Washington State Supreme Court's interpretation of the Washington State Constitution”

— Secretary of State's Office

What’s next

If the state Supreme Court does not grant Heywood's petition, his group plans to pursue an initiative to repeal the 'millionaires' tax' either this year or next. The Citizen Action Defense Fund also intends to file a lawsuit arguing the tax is unconstitutional.

The takeaway

The battle over Washington's new 'millionaires' tax' is heating up, with opponents pursuing multiple avenues - a potential referendum, an initiative, and a legal challenge - to try and overturn the controversial law. The outcome could have major implications for the state's fiscal future and the ongoing debate over taxing the wealthy.