Interesting development:
A ballot measure that would put new restrictions on the sale of semi-automatic rifles qualified for the November ballot Friday, but also faced a new court challenge.
Secretary of State Kim Wyman certified that supporters of Initiative 1639 gathered enough signatures to be on the general election ballot. The campaign turned in about 378,000 signatures, more than 100,000 above the minimum required.
The initiative raises the age for the purchase of a semi-automatic rifle to 21, requires a more extensive background check for handgun purchases and requires firearms owners to store weapons securely.
In announcing that the initiative had enough signatures, Wyman said there are “concerns” whether the petition sheets complied with legal requirements, but the initiative did not run afoul of any legal requirements that are under her authority.
Previously the courts said
…the court doesn’t have the legal authority to tell Wyman to reject an initiative
…
Wyman has the legal authority to reject initiative petitions that she determines are deficient, but otherwise would have to file them. Judicial review can only occur if she refuses to accept them, and then only if the initiative’s sponsors go to court.
Wyman is the Secretary of State. At that time Wyman said:
On Tuesday afternoon, Wyman issued a statement saying she will follow the law in evaluating “fairly and impartially” whether to accept initiatives, which include whether the petitions contain all the language required.
“State law clearly defines the authority my office has for accepting or rejecting petitions,” she said.
Then on Friday:
Secretary of State Kim Wyman certified that supporters of Initiative 1639 gathered enough signatures to be on the general election ballot. The campaign turned in about 378,000 signatures, more than 100,000 above the minimum required.
…
In announcing that the initiative had enough signatures, Wyman said there are “concerns” whether the petition sheets complied with legal requirements, but the initiative did not run afoul of any legal requirements that are under her authority.
So, the courts say it is up to the Secretary of State to make sure the petition is in compliance with the law (they aren’t). The SoS says she doesn’t have the authority to reject them even though they are not in compliance. Hence the initiative will be on the ballot this fall where it is expected to pass.
So, what I want to know, is the State of Washington going then claim they don’t have the authority to enforce a law that was illegally passed?
I don’t think so.
NRA-ILA and Alan Gottlieb have both filed lawsuits to stop this fraud.
Like this:
Like Loading...