Washington state judge says governor overstepped on transportation issue

July 6, 2020

Keith Goble

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A judge in the Washington state has sided with legislators in a lawsuit brought against the governor over transportation budget vetoes.

Thurston County Superior Court Judge Carol Murphy has ruled the vetoes by Gov. Jay Inslee of six single-sentence provisions in the two-year budget were outside the Democratic governor’s constitutional authority.

The Democratic-led state Legislature protested the action taken by the governor one year ago to veto provisions of the budget that covered grant funding for transit services. Specifically, Inslee removed references in the budget that fuel type could not be a factor in grant selection process.

Veto authority questioned

The Washington state Constitution authorizes a governor to veto sections of legislation while signing the bill into law.

State House and Senate lawmakers filed a lawsuit claiming Inslee overstepped his constitutional powers when he acted to remove sentences within sections of the budget. Republican lawmakers in both statehouse chambers joined their counterparts in the lawsuit.

The provisions affected in the budget address nearly $200 million in grant funding for transit services. The provisions in HB1160 clarify that “fuel type may not be a factor in the grant selection process.”

During his term as the state’s top executive, Inslee has enacted laws to mandate a transition from fuel-powered vehicles to zero-emission vehicles. Washington state law lists energy efficiency standards as one criteria in the grant selection process.

“The language was vetoed because it indirectly amends an existing statute through the transportation budget,” Inslee said at the time of the veto. “Our Constitution does not allow laws to be changed indirectly.”

The judge disagreed.

Full section veto

Murphy said although governors are authorized to veto entire bills, complete sections of bills and individual appropriation items, they cannot veto less than a full section. The only exception would be if the Legislature acted purposely to circumvent their authority.

The judge said the Legislature did not act to circumvent their authority.

Statehouse Republicans are pleased with the outcome.

“Gov. Inslee’s actions were clearly and blatantly wrong, and this ruling hopefully will send a strong message to him and future Washington governors that they can’t overstep their constitutional authority on this separation of powers issue,” Sen. Republican Leader Mark Schoesler said in prepared remarks.

Curtis King is the Republican leader on the Senate Transportation Committee. He added the state’s Constitution is clear about line-item vetoes being unconstitutional.

“The governor’s use of line-item vetoes was just his attempt to expand his power and push his environmental agenda,” King said.

The governor’s office can decide to appeal the ruling.

More Land Line coverage of news from Washington state is available.