Not So Fast, Olympia: Why the Income Tax Signature is Just the Opening Salvo in a New Legal Battle

With the signature of Governor Bob Ferguson, Washington has broken its century-long streak of rejecting a state income tax. But for those who value constitutional limits and taxpayer protections, the message is clear: the governor’s signature is not the final word, and the end result is very much yet to be decided.

The 2026 legislative session in Olympia was defined by a rush to upend Washington’s tax structure despite overwhelming public opposition and clear legal precedent. Now that the bill has been signed into law, the battleground shifts from the steps of the Capitol to the courtroom.

The Citizen Action Defense Fund (CADF) and former Washington State Attorney General Rob McKenna have already announced they are preparing a major legal challenge to this unconstitutional overreach. Their argument is rooted firmly in the Washington State Constitution, which has long been interpreted by the courts to prohibit a graduated income tax.

As McKenna and CADF have noted, this is a direct assault on the constitutional rights of Washingtonians. The challenge focuses on the fundamental legal truth that income is property, and under our constitution, property taxes must be uniform. By targeting specific brackets, the new law ignores a century of settled law in a transparent attempt to open the door for a permanent, expansive income tax system.

This follows a familiar playbook in Olympia. Just as we saw with the capital gains tax—which proponents insisted was an “excise tax” despite it looking and acting like an income tax—majority lawmakers are betting they can bypass the state constitution.

But Washingtonians aren’t fooled. History shows that these taxes, while initially marketed as a “tax on millionaires,” some small business owners are included—and it will inevitably expand to capture the middle class to fund ever-growing government spending.

While the lawyers head to court, the most important work continues in our communities. To support this effort, Future 42 has launched a dedicated resource hub and Substack specifically designed to provide the tools you need to stay informed and take action.

This site serves as the central hub for the movement to stop the income tax, offering a deep dive into what this tax will actually do to our state’s economy and how it will impact your family’s bottom line.

You can visit IncomeTaxWashington.com to track the progress of the legal battle and learn more about the roadmap to victory. You can also sign up to get involved in the statewide effort to repeal this tax and protect our state’s future.

The Governor may have signed the paper, but the final word belongs to the Constitution—and to the people of Washington. Join the effort to ensure Washington remains a place where families and businesses can prosper without the burden of an unconstitutional income tax.