Ballot 2016

Rob McKenna makes his recommendations:

Governor: Bill Bryant
The Seattle PI just posted a piece on Jay Inslee’s failed governorship. Bill is highly capable and focused on the right issues, like transportation, the state budget and education reform. He would serve all of us very well.

Lieutenant Governor: Marty McClendon
He’s facing Sen. Cyrus Habib, who once supported charter public schools but flip-flopped on the issue to win the WEA’s endorsement. No principles, no endorsement here.

Secretary of State: Kim Wyman
Every newspaper has endorsed her re-election, and most Democratic county auditors have joined their GOP counterparts in supporting her; none of them wants to politicize the state’s election office, but her opponent does.

State Treasurer: Michael Waite
Michael is a finance professional who will actively oppose a state income tax, work to reduce the state’s very high debt, and be a leader statewide for the GOP. He is one of the brightest stars to emerge in the GOP firmament, which may be why his opponent has drawn most of the big labor union endorsements. Michael will be much harder for them to beat when he runs for re-election in 2020.

Comissioner of Public Lands: Steve McLaughlin
A retired U.S. Navy Captain and expert on emergency management, Steve is just what the Department of Natural Resources needs. His opponent specializes in filing lawsuits to stop logging and other active management of state natural resources, which our public schools depend on for school construction.

State Auditor: Mark Miloscia
Mark is a bulldog and ardent defender of taxpayer interests. He knows how important it is to have a fearless, aggressive taxpayer advocate in the Auditor’s office. The Democrats would rather have us forget that their previous nominee – our current Auditor – was charged with federal felonies.

Superintendent of Public Instruction: Erin Jones
Erin is more likely to bring an independent approach to this non-partisan office, which our school kids need and deserve.

Supreme Court: Dave Larsen, David DeWolf, Greg Zempel
We need change on the Supreme Court. Now.

Superior Court:
David Keenan, Eric Newman (King County)
Two strong candidates who are smart, have a law enforcement background, and for many other reasons as well are extremely well prepared to serve as trial court judges.
Joe Burrowes (Benton-Franklin)
Judge Burrows is a District Court judge who is supported by law enforcement throughout the Tri-Cities area. He is superb. His opponent is not, although he is fond of claiming that being a District Court judge is not good preparation for the Superior Court, while his own lack of judicial experience makes him better qualified. Huh? Just saying something so nonsensical is all the evidence voters need to vote for Burrowes, even if he weren’t so well qualified.

Court of Appeals, Div. 3: Patrick McBurney
Patrick will bring conservative common sense and deep experience as a trial attorney to a court that needs both.

State Legislature:
I’ve largely focused my endorsements on close races, races for open seats, and on some incumbents who have been particularly fearless in bucking their own party from time to time, or just plain earn re-election with their hard work and common sense. In the interest of relative brevity, this is not an exhaustive list of incumbent legislators whom I admire.

1st LD Senate: Mindie Wirth
5th LD Senate: Chad Magendanz
5th LD House (P2): Paul Graves
12th LD Senate: Jon Wyss
17th LD Senate: Lynda Wilson
25th LD House (P2): Joyce McDonald
26th LD House (P1): Jesse Young
26th LD House (P2): Michelle Caldier
28th LD Senate: Steve O’Ban
30th LD House (P1): Linda Kochmar
30th LD House (P2): Teri Hickel
31st LD House (P2): Phil Fortunato
37th LD House (P2): Eric Pettigrew
39th LD House (P2): John Koster
41st LD Senate: Steve Litzow
44th LD House (P1): Janice Huxford
44th LD House (P2): Mark Harmsworth
45th LD House (P1): Ramiro Valderrama
45th LD House (P2): Larry Springer

Pierce County Executive: Bruce Dammeier
One of the most talented, effective elected officials in our state. Full stop.

President:
You don’t need my advice on this one. [Its not a state level election, but Impolite believes Mrs Clinton is far too secretive to be fit to serve as president.]

U.S. Senate: Chris Vance
Hats off to Chris for running to bring attention to our spiraling national debt, and to the incumbent’s failure to do anything about it.

U.S. House:
Vote GOP unless you live in CD 10, where it should be Rep. Denny Heck. In CD 4, Rep. Dan Newhouse has proven himself to be a conservative leader in his freshman term and has earned re-election.

Ballot Measures:
I-1501 “Consumer Fraud” – NO.
This is a ballot scam brought to you by SEIU to exempt its home care membership roster from public records requests, so their members cannot be contacted and informed that they don’t have to belong to the union to hold their jobs as home care workers. It’s this initiative that’s the fraud.

I-1491 “Extreme Risk Protection” – YES.
I’m with a large majority of law enforcement officials who support this measure to help keep firearms out of the hands of the violent and unstable. If the law is ever misused by opponents to lawful gun ownership, it can be amended like any statute. [Impolite disagrees with Mr McKenna's reasoning.  No law should be enacted which could be used to abridge someone's right]

I-1433 “Statewide Minimum Wage Hike” – NO.
I agree with Bill Bryant. This one-size-fits-all approach is bad for areas of our state with a lower cost of living where small businesses will react to a $13 minimum wage with layoffs or by not creating new jobs at all; they simply cannot absorb such a large increase, on top of what is already one of the highest statewide minimum wages in America.

I-735 “Campaign Spending” – NO.
This measure is merely symbolic, calling on Congress to take action. It is motivated by the Citizens United Supreme Court decision, which the Left hates.

I-732 “Carbon Tax” – YES.
Any ballot measure that the Sierra Club despises is worth considering. Conservatives who want to reduce carbon emissions know that a revenue-neutral approach that raises the cost of carbon use but lowers other taxes is the only sensible way to go. The Left opposes it because raising gobs of new state tax revenue is their Holy Grail, and this measure doesn’t do that.  [Impolite disagrees:  Hoping a new tax will be used to offset an existing tax is fantasy.  Old taxes might go away if they are repealed.]           

I-1464 “Campaign Finance” – NO.
Over $270 million in tax increases and taxpayer financing for politicians’ campaigns. The rest of the initiative is just a distraction; notice that the proponents’ TV ads don’t mention the taxpayer campaign financing provisions. What they don’t say, says it all.

Governor debates about minmum wage

Gov. Jay Inslee and challenger Bill Bryant were on stage together Wednesday [August 17] for their first debate. Too often the “debates” we see between public officials are the accusations they trade back and forth in TV ads. That’s why real debates are so important. There’s no substitute for putting candidates in the same room, pinning their positions down with sharp questions, and letting them directly challenge each other.

Not surprisingly, the issue of a higher minimum wage came up. With an initiative on this fall’s ballot, you’ll be hearing a lot more on this topic. Inslee said something striking on that stage. Asked about those who might lose their jobs if the initiative passes, he said to look at Seattle’s new minimum wage law: “The evidence has shown no loss of employment, no loss of profitability, no loss of net businesses.”

Only trouble is, that’s not true. The true “evidence” shows much more of a mixed bag. Of course there are some job losses for some low-wage workers, even as others have benefited.

Just ask Felix Ngoussou. The Seattle restaurant owner attended a “media availability” Tuesday of business owners backing the statewide minimum wage initiative. He said he supports the initiative but also said, going off the organizers’ script, “he had to cut staff in the wake of the [Seattle city's] minimum wage hike. ‘I used to have four. I now have two.’ He was asked again for clarification. You reduced employee numbers? ‘Yes.’ Because of the minimum wage? ‘Yes.’ Campaign sponsors scattered in a panic.”

That’s another kind of unvarnished truth that you won’t see in a campaign TV commercial.
-Rob McKenna

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The minimum wage debate is based on the idea that if people are forced to pay more for a thing, they will still buy the same amount.  This is absurd on its face.  Obviously if the wage goes up, employers will look for ways to use less labor.

People have gotten confused by the apparent success of unions.  But they overlook the fact that unions represent skilled workers, and further, that unions often certify the skill level of the union members they send out to a job. 

Minimum wage is usually thought to apply only to the beginning worker.  The beginner is usually unskilled and not accustomed to working.  If you remember your first job, you remember it takes a lot of self-discipline to get going to work.

Minimum wage only creates more dependency on government handouts for the unemployed.

Washington State Supreme Court

We are in the midst of a unique political season. There may not be a consensus regarding candidates at the national level, but we all can join together to make a HUGE difference in our state. Greg Zempel, the popular six-term prosecutor from Kittitas County, is running for Washington State Supreme Court Justice (Position 5). We all need him on our state’s highest court.

As you know, I am a close observer of the state Supreme Court and I can tell you, this court has lost the respect of many, as long established precedents in criminal law are replaced with result-oriented, unworkable decisions. This means that our police, prosecutors and trial judges are uncertain about how to proceed in many cases. There is a public safety cost to this uncertainty, as some criminals go free who should remain incarcerated.

The Court’s overreach is unmistakable. As you likely have heard, the justices are holding the legislature in contempt because of funding choices they don’t agree with. They are fining “the state” (i.e., all of us) $100,000 a day, raising serious questions about the separation of powers between the legislative and judicial branches of our state government.

Voter-approved charter schools were also nearly closed by the Supreme Court, threatening some of the most at-risk and deserving children in our state with the loss of schools they love just a day before the new school year was to begin.

Another voter-approved initiative, I-1053, was also overturned by the Court even though the voters have made it clear again and again that they want to require a 2/3 legislative majority for raising taxes.

Greg Zempel was elected in 1994 as the Kittitas County Prosecutor and has been re-elected five times. He has practiced at every court level in our system, from district court to the Washington State Supreme Court, and tried well over 100 jury trials as a defense attorney (his former career) and prosecutor.

Zempel was instrumental in creating the Sexual Assault Interagency Coalition, and Protecting Our Children, a community organization that educates parents on protecting their children from predators. Zempel also assisted in creating the Kittitas County Drug Court which functions to change the lives of drug addicts whose criminal conduct impacts our communities.

Prosecutor Zempel is committed to strengthening public safety according to the rule of law and the rights and freedoms protected in our state constitution.

-- Rob McKenna

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Washington State Impolite endorses Greg Zempel, Judge Dave Larson, and David DeWolf for Supreme Cour.

Corruption in the auditor's office

Embattled State Auditor Troy Kelley was back in the news yesterday. Last week a jury found him not guilty of lying to the IRS and deadlocked on the other charges.

The prosecution’s contention, however, is still true: Kelley’s actions to move and conceal millions of dollars were not the actions of someone who was convinced he was innocent.

With the trial over, Kelley apparently thinks that it’s now time to settle scores. He forced two Auditor employees to resign this week and is requiring another to do no work until his retirement later this month.

Kelley's motive seems to be punishing those he deems insufficiently loyal to him during the awkward time during his indictment and trial, when Auditor’s Office employees had to muddle through as best they could.

Deputy Auditor Jan Jutte, who ran the office admirably during Kelley’s absence, told the News Tribune, “I don't know what's going on. I have a lot of staff who are living in fear, asking what they should do, and I don't have any advice for them.” It’s just one more example of how Washington will be better off without Troy Kelley in office.

-Rob McKenna

Washignton state 2015 measures election results

The People decided the following initiatives (The results are not final at this time):

The People approved Initiative 1366 concerning state taxes and fees. This measure would decrease the sales tax rate unless the legislature refers to voters a constitutional amendment requiring two-thirds legislative approval or voter approval to raise taxes, and legislative approval for fee increases. 

The People approved Initiative 1401 concerning trafficking of animal species threatened with extinction. This measure would make selling, purchasing, trading, or distributing certain animal species threatened with extinction, and products containing such species, a gross misdemeanor or class-C felony, with exemptions for certain types of transfers. (My 100 year old Steinway piano, which has keys made from elephant ivory, cannot be sold legally anymore.)

The People were also asked to advise the legislature on four matters.

Advisory Vote No. 10 Engrossed Substitute House Bill 1449, oil spill response and administration taxes, should be repealed.

Advisory Vote No. 11 Second Substitute Senate Bill 5052, marijuana excise tax on medical marijuana sales, should be maintained.

Advisory Vote No. 12 Second Engrossed Substitute Senate Bill 5987, additional taxes on motor vehicle and special fuels, should be repealed.

Advisory Vote No. 13 Engrossed Substitute Senate Bill 6138m, increased business and occupation tax revenues and excluded certain software manufacturers from a retail sales tax exemption, should be repealed.

There were two legislative positions decided:  You can find them here.

Three judgeships were decided.  You can see the results here.

Legislative interim update, Oct. 7

Much of the interim news has been focused on education. The Washington State Supreme Court has issued a second controversial ruling. The most recent being that the state's voter-approved charter-schools are unconstitutional. The state Supreme Court ruled charter schools don't qualify as "common" schools under our state constitution and cannot receive state funding.

The court's ruling affects about 1,200 students and their families, and may impact other educational programs such as Running Start and skill centers that provide career and technical education for high school students. Traditional, public schools aren't the answer for all students. Our charter schools provide greater flexibility in order to respond to students’ needs.

The timing of their latest ruling was unsettling. The state Supreme Court decided to issue its ruling on the Friday before a Labor Day weekend with many schools already in session. They had the case for more than a year, yet chose to issue a ruling at a time that may be the most disruptive, and not when the Legislature could possibly address the Court's concerns.

The Legislature is looking at options. There is support for charter schools from both Republicans and Democrats. We will be looking at a legislative fix when we return to Olympia in January.

There is still a chance this may get resolved before the Legislature needs to act. Washington State Attorney General Bob Ferguson has also urged the state Supreme Court to reconsider its decision.

McCleary update K-12 funding increases

In my last email update I touched on the  latest McCleary ruling from Aug. 13. You will recall the state Supreme Court wants to fine the Legislature $100,000 per day for violating the court's McCleary decision on funding education. They are also demanding the Legislature return to Olympia for another special session.

With recent teacher strikes around the state, along with the latest McCleary ruling, it is worth reiterating a few points regarding the Legislature's work and the Court’s order.

• Our state remains on track for full compliance of the 2012 McCleary order by the original 2018 deadline.
• By directing appropriations under McCleary the court is trying to do the job of the Legislature, which is outside of its constitutional powers. Only the Legislature has the constitutional vested power to appropriate public monies.
• The operating budget provided historic increases in K-12 education (see chart) and was one of the greatest bipartisan budgets in decades.
• The spending plan included cost-of-living increases for teachers, made major investments in early learning and expands all-day kindergarten, reduces class sizes in grades K-3.
• The capital budget included $200 million for classroom construction.

My colleagues continue to advocate for a "Fund Education First" solution which would require the Legislature to pass a separate K-12 education budget before any other state appropriation. This would ensure we are putting education and our children first when it comes down to the budgeting process.

Wildfire update

I want to commend our first responders for their efforts during the devastating wildfires this year. Without their efforts, things could have been much worse. I spent a lot of time on the front lines of the fires in Chelan and Okanogan counties and they should be commended.

That said, I expect us to look at further improvements with our state agencies and collaborative efforts with the federal government to manage and fight wildfires. All of us have a vested interest in preserving our environment and protecting our natural resources.

The unfortunate realities of the current drought and wildfire season remind us of the need for efficient management. We must continue to focus on long-term solutions such as clearing our forests of debris and undergrowth, and disease management.

Cary Condotta

Washington state Supreme Court fines legislature?

The Washington state Supreme Court earned a lot of attention this week for its ruling on sanctions against the Legislature, which the Court previously found in contempt of court. The Court’s fine of $100,000 a day is eye-popping, but from a practical standpoint is actually small potatoes compared to the billions our state spends every year on K-12 schools.

Curiously, the Court backtracked this week on a central tenet of the original McCleary ruling (for an explanation on this and other issues, see “Supreme Court ruling on education is a head-scratcher”). In the original 2012 ruling, the Court said that K-12 funding needs to be “ample”, “uniform”, and “stable”. Now the Court seems focused only on “ample provision” and said it has “no opinion” on whether levy reform is needed to make school funding uniform around the state.

The News Tribune is as confused by this as many others, writing: “The justices might have helped the cause of levy reform by re-emphasizing what they said in 2012. Failing that, they might have at least said nothing. Instead their inexplicable ‘no opinion’ will actively undermine efforts to fix the greatest inequity in Washington public education.” In its role as a clarifier, the Court failed this week. It only made the Legislature’s remaining job more confusing.

-Rob McKenna

Olympia approved a $38 billion operating budget.

On Friday, July 10, after 176 days of session, the Washington State Legislature finally adjourned after completing its official business. The Legislature approved a $38 billion operating budget.


Operating budget - the good
As with any budget compromise, there is going to be good and bad. In the end, I decided to vote for the operating budget because of the historic nature of the spending plan - largest education budget in state history, first-ever tuition reduction, and important funding for our mentally ill. And, when you look at the final product many felt it had a Republican feel to it. Not easy to do when you have a Democratic governor and a Democrat majority in the House led by Frank Chopp, the longest sitting speaker in state history. Here are some budget highlights:

• invests an additional $1.3 billion in K-12 basic education to meet the McCleary court decision;
• reduces class size in grades K-3;
• provides a cost-of-living raise for teachers and state employees;
• reduces the cost of tuition at the state’s four-year colleges and universities and two-year community colleges, a huge win for students and middle-class families;
• makes significant investments in treatment and capacity for our mentally ill and preserves our health and human services safety net;
• increases funding for state parks; and
• accomplishes these things with NO major taxes increases - capital gains, carbon, cap and trade, bottled water and most B&O tax proposals were taken off the table.

The bad
Some of the aspects of the budget I am concerned with and hope will be addressed in future budget negotiations:

• takes money out of the state Public Works Trust Fund - the account our local governments rely on for infrastructure and construction projects;
• it establishes a click through nexus for purposes of collecting B&O and retail sales taxes on internet businesses; and
• it increases spending more than necessary.

The ugly

I am disappointed the Legislature passed a $16 billion transportation gas tax revenue package. Taxpayers in Washington state will pay about $13.60 in state and federal gas taxes every time they pull up to the gas pump for 20 gallons of gas. It will be the second highest gas tax in the nation when it is fully implemented. It isn't just the gas tax either - we will see weight and license fee increases, and this plan falls disproportionately on the residents in rural areas who commute long distances.
I do not believe the state Department of Transportation has proven efficient enough to warrant this level of spending and debt. We are working on alternative finance options for next year.

Session politics
There was a great deal of frustration from constituents, as well as us legislators, on how long we were in session. However, some things are worth fighting for and it was important we hold the line. Remember in December Gov. Inslee and House Democrats were proposing tax increases of up to $1.5 billion. Instead we got a budget with no major tax increases.

That said, political gamesmanship did rear its ugly head in the last couple weeks. After a budget agreement had been reached, leaders from both parties and chambers stood with the governor to announce that agreement. That agreement should have been honored. I am pleased to see the actions by the Senate Democrats did not go unnoticed by the press:
The Columbian editorial: Senate Dems’ action stinks (July 5, 2015)

• “As Senate Democrats last week blew a $2 billion hole in the just-approved state operating budget, they exposed the seamy underbelly of political gamesmanship, eschewing compromise and negotiation in favor of extortion. The result is a steaming mess for taxpayers.”
• “Nobody wins from further delaying the process, save for Democrats who wish to pander to the Washington Education Association, which supports I-1351.”

The Seattle Times editorial: Senate budget breakdown over 1-1351: Get back to work (July 3, 2015)

• “The whole state has to wait for the Senate Democratic leadership to line up. Disappointingly, that group, led by Minority Leader Sharon Nelson of Maury Island and Deputy Leader Andy Billig of Spokane, reneged on a hard-won budget deal contingent on delaying the implementation of Initiative 1351. Confoundingly, both stood by the governor and their House and Senate counterparts at a June 27 news conference to announce a deal — before working to undermine it.”

The Wenatchee World editorial: A state budget worth the wait (July 5, 2015)

• “Undermining significant bipartisan accomplishments on the operating budget, using the impossible Initiative 1351 as leverage, only discredits the Senate Democrats.”
• “The holdouts say they only want attention for a bill to revamp mandatory testing and high school graduation requirements. If so, they choose a tantrum with consequences way out of proportion to their goal. They stand in the way of a budget that is in most ways an important accomplishment for the state and its people. They should step aside.”

- Cary Condotta

$15 per hour - Climbing the ladder to unemployment

by 12th District Representative Cary Condotta

Some lawmakers in Olympia this session want to change the minimum wage law. Unfortunately, they can no more change this law, than the laws of physics or economics. In short, the market will prevail and supply and demand will not be manipulated in the long term even if it sounds good on paper.

Those that support increasing the minimum wage do so under the false pretense that people will make more money, therefore spend more money and stimulate the economy in the process. They tell you it will lead to no change in employment numbers and may actually increase jobs. And last but not least, proponents claim this will decrease the disparity between rich and poor. Once again this flies in the face of economic law that has stood the test of time and will likely continue to do so indefinitely, or until we invent the perpetual motion machine.

The facts are these - unemployment, especially youth unemployment will rise. We already have one of the highest youth unemployment rates in the country.

You won’t see any increase in economic activity because no new money is created. For every dollar you add here it has to be removed from somewhere else. And once again, if you increase the cost of something the demand generally decreases. If we raise the price of gasoline by 30 to 40 percent do we buy more?

As far as closing the gap between the rich and the poor, Washington state is a perfect example. We have the highest minimum wage already but our state is not even in the top fifteen states in the nation in addressing income inequality. If a high minimum wage really addressed this issue wouldn’t our state be ranked higher?

Don’t forget an increase in the minimum wage would push all wages up not just the bottom wages. So, if the current minimum wage is about $9.50 and someone is making $11.50, what happens when the $9.50 goes to $12 an hour? To be fair, it would follow that the $11.50 would have to go to $14. This continues up the so-called “ladder” indefinitely creating an instant inflationary effect. In this case, the product most inflated is food products since it is a wage intensive industry. How does this help our fixed income folks?

This also effects the cost of government, specifically labor costs. As the wage ladder ripples through government labor costs it could mean huge tax increases will have to be levied to pay for it. With the most regressive tax system in the United States, those tax increases will hit lower income folks at four to five times harder than the high-income earners.

The result of an increase in the minimum wage is and has been higher costs, lower employment and more wage disparity. We are our own best example. Are there beneficiaries to this policy? Yes, large corporations and conglomerates that can spread the cost and afford mechanization forcing their smaller competitors out of business. So, it is great for the rich and their corporations, but bad for most people in general and small businesses. With an increase in the minimum wage small employers will likely postpone hiring, cut benefits, look to automation, raise the price of their product to cover labor costs or possibly close their doors. So, perhaps it is best we put the “wage ladder” away before we fall from it.

Washington Educational Association lies (& more)

• WEA's claim: State Senate Republicans voted to "shortchange" pay and benefits for teachers and school staff.
  • FACT: The Senate operating budget would bring teacher COLAs to voter-approved levels.
• WEA's claim: State Senate Republicans voted to increase class sizes - even for kids in high-poverty schools.
  • FACT: The bipartisan Senate capital budget would build 2,100 more classrooms to reduce K-3 class sizes.
• WEA's claim: The Senate Republicans are likely getting an 11 percent pay increase.
  • FACT: The Washington Citizens' Commission on Salaries for Elected Officials determines lawmaker salaries and raises, NOT the Legislature. If the commission decides lawmakers will receive a raise, all lawmakers will receive a raise, not just Senate Republicans.

It is worth noting the Senate budget proposal this year gives K-12 the biggest share of spending seen in 30 years. They propose spending $2.7 billion more for K-12 than was spent two years ago. That is about an 18 percent increase.

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The whole squabble over funding in fact is about raising taxes. Governor Inslee has proposed a monster tax increase in the name of ineffective carbon cap and tax.  His pet is named SB 6121.  This bill would increase taxes by a total of $ 14,126,118,203 over the next 10 years.

Its worth noting that Washington state citizens already produce 36% less carbon per person than the national average.  Mr Inslee is interested in taking the money, not doing anything for the environment.

Because carbon taxes will fall hardest on the middle class and the poor  --  the rich don't spend the bulk of their income on travel or other carbon uses -- this tax increase will further the elitist/leftist war on the middle class.