Sudduth v. Chapman

(dissenting) — The Secretary of State refused to certify Initiative 322 for the ballot, because the initiative lacked sufficient signatures (117,804) to comply with amendment 30 to the State Constitution as implemented by RCW 29.79 as amended, particularly RCW 29.79.200; RCW 29.07.090 and RCW 29.07.130.

The trial court, after taking evidence upholding the action of the Secretary of State, entered findings, conclusions, and judgment. Petitioner appealed the trial court's judgment to this court and this court by a vote of 5 to 4 reversed.

The majority opinion relies on three grounds for reversal,…