(The Center Square) – In a court battle between two political action committees over a proposed ballot measure to repeal a Whatcom County property tax levy, a superior court judge ruled in favor of the committee working to remove the voter-backed measure.

Washingtonians For a Sound Economy successfully gathered enough signatures to place Initiative 2024-01 on the November ballot. The initiative was created in direct response to Proposition 5’s passage in 2022, which funds programs that support child care efforts through a tax levy.

Proposition 5 passed by only 20 votes.

The measure increased the regular property tax levy by 19 cents per $1,000 of assessed value through 2032. It is expected to generate roughly $100 million over the lifespan of the levy.

An owner of a median-valued home in Whatcom County would pay approximately $127 a year to the Healthy Children’s Fund.

Protect Whatcom Kids filed an injunction to keep Initiative 2024-01 off of the upcoming ballot. The political action committee said the removal of the tax levy puts child care programs at risk of shutting down.

According to Washingtonians For a Sound Economy, the levy imposes a 25.33% increase in county property taxes. However, Protect Whatcom Kids argues the levy only increases property taxes by 2% to 3%.

On Sept. 3, Whatcom Superior Court Judge Lee Grochmal ruled that Initiative 2024-01 was illegitimate and removed it from the November ballot. In response, Washingtonians For a Sound Economy Committee Chair Timothy Koetje called the ruling “an assault on the democratic process and the rights of the people to govern through initiatives.”

"This ruling is a blatant attack on the fourth branch of government—the people themselves,” Koetje said in a news release. "It is clear that the local government, in collaboration with the judiciary, is engaging in lawfare to silence voters and protect their illegal programs. We will not allow them to get away with this."

Last month, Whatcom County approved a $60,000 contract with Pacifica Law Group to conduct a pre-election review of Initiative 2024-01.

Prior to the contract approval, Whatcom County Councilmember Mark Stremler voiced concerns that the council was conducting a review of the ballot measure after Protect Whatcom Kids asked for a judge to determine the validity of Initiative 2024-01 in an attempt to dismantle the Healthy Children’s Fund.

“I am thinking that it would appear that the county council is attempting to do the bidding for this campaign based on this agenda item,” Stremler said at a county council meeting on Aug. 15.

Fellow County Councilmember Jon Scanlon countered that Stremler proposed legislation that aligned with another ballot signature campaign.

Scanlon also noted that since the signature threshold changed, there can be more measures placed on ballots and the council can provide the public a service by looking into each initiative.

The motion was approved with Stremler and Whatcom County Councilmember Ben Elenbaas voting in opposition.

The Center Square reached out to Stremler and Elenbaas for comment, but did not receive a response.

Washingtonians For a Sound Economy is now urging Whatcom County residents to demand accountability from their local elected officials.

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