Explore The NRA Universe Of Websites

NRA Challenges I-1639 “Bait and Switch”

Friday, August 3, 2018

NRA Challenges I-1639 “Bait and Switch”

Proving that money can’t buy everything, Washington State’s most recent anti-gun ballot initiative may end up being derailed over a failure to comply with mandatory legal requirements, despite seven-figure funding through hefty donations from local billionaires and other big donors.    

Under state law, the sponsors of a ballot initiative must collect signatures using a prescribed petition format and process. The State constitution requires that every petition must “include the full text of the measure so proposed,” which is echoed in a state law that mandates all petitions circulated for signatures must have “a readable, full, true, and correct copy of the proposed measure printed on the reverse side of the petition.” This guarantees that every voter being asked to sign the petition has an opportunity, beforehand, to review the complete text of the measure, so as to reduce misinformation, deception, or fraud regarding what is actually being proposed and supported by the signer. The Secretary of State’s Handbook on initiative laws confirms that the “Office of the Secretary of State must ascertain that the signer, at the time of signing the petition, had the opportunity to read the complete text of the measure. Otherwise, the Office of the Secretary of State cannot verify the signatures on that petition.”

The group behind Initiative I-1639, the Alliance for Gun Responsibility (AGR), has turned gun-control initiatives in Washington State into a cottage industry, with two previous ballot initiative campaigns. According to the AGR, I-1639 represents its “most comprehensive” initiative in Washington State to date. The Initiative document itself consists of 30 pages of wide-ranging and extensive changes to the state’s firearms laws on rifle sales and transfers, “assault rifles,” training requirements, gun dealer compliance, age to purchase or possess restrictions, new purchase and transfer fees, new firearm storage crimes, and more. This shows changes to the existing law in the traditional legislative manner, with underlining for additions and strikeouts for deletions.   

Each petition sheet circulated to the signing public reads that the “undersigned citizens and legal voters…direct that the proposed measure known as Initiative Measure No. 1639… a full, true, and correct copy of which is printed on the reverse side of this petition, be submitted to the legal voters…” Not only were 30 pages of changes (now reduced to teeny text) crammed onto the back of each petition page but – unlike the original Initiative document – the petition pages lacked any indications, by way of strikeout or underlined text, to show the actual amendments being proposed to existing state law.

Concerned citizens initially raised these compliance issues in June. In their application seeking a court injunction to prohibit Washington’s Secretary of State from accepting the signed petition, the court declined to intervene, concluding that court review was “authorized only if the Secretary [of State] refuses to file the petition.” In the meantime, I-1639’s sponsor continued to use the same petition pages to collect signatures.

The Secretary of State acknowledged that “significant” constitutional concerns had been raised regarding I-1639’s petition format and confirmed that the “petition sheets presented a text of the measure that lacked underlining and strikethroughs to explain its changes to existing law,” but Initiative 1639 was, regardless, certified for inclusion on the November 2018 ballot.   

Early this month, the NRA and Alan Gottleib of the Second Amendment Foundation filed two separate lawsuits against the Secretary of State, seeking to enjoin the certification under state law.  By incorrectly labeling the petition information as the actual text of I-1639, the Initiative sponsor violated the explicit, mandatory statutory direction that a “readable, full, true, and correct” copy of the Initiative be included with the petition pages. More significantly, this was also false, misleading, and unfair to voters. Under this “I-1639 bait-and-switch,” not only were voters asked to sign a petition containing a copy of the proposed measure that was almost impossible to read, the text made it impossible to distinguish between current law and the changes being proposed. “None of the voters who signed the Submitted Petition had a copy of the actual text of I-1639 on the petition that they signed, and there is no proof that any of the voters who signed the Submitted Petition had an opportunity to review the text of the initiative to be placed on the ballot.”

These failures, according to the lawsuits, invalidate the petition and the signatures, and the Secretary of State should have rejected the signatures and withheld certification. The lawsuits ask the court to apply the constitutional and statutory requirements and suspend or deny certification.

In addition to the defective, incorrect text and print so voluminous and small that voters could scarcely be expected to read it, the lawsuit also raises claims of “misleading signage [and] untruthful signature gatherers” – one source contends that “paid signature gatherers were caught on film telling voters the initiative had nothing to do with gun control.”

A hearing date has been set for August 17. The NRA will continue to update readers on developments in this litigation.

TRENDING NOW
Arizona: Anti-Gun Lawmakers Waste No Time Taking Aim at Second Amendment Rights

Friday, November 6, 2026

Arizona: Anti-Gun Lawmakers Waste No Time Taking Aim at Second Amendment Rights

Just hours after Election Day, anti-gun lawmakers in Arizona are already signaling plans to pursue gun control in 2027, leaving law-abiding Arizonans to face the harsh reality that a consequential legislative session lies ahead.  

The Election is Over: Now the Real Work Begins

News  

Wednesday, November 4, 2026

The Election is Over: Now the Real Work Begins

While the complete picture from the 2026 midterm elections is still emerging, the results, to say the least, were not what gun owners wanted. Anti-gun forces took control of the U.S. Senate and House of ...

U.S. House Passes Repeal of Social Security Administration Gun Grab, Begins Rolling Back Obama Era Executive Gun Control

News  

Friday, February 3, 2017

U.S. House Passes Repeal of Social Security Administration Gun Grab, Begins Rolling Back Obama Era Executive Gun Control

On Thursday, the U.S. House of Representatives issued a strong statement in support of the Second Amendment by passing H.J. Res. 40, which would repeal Barack Obama’s scandalous attempt to grab guns from thousands of vulnerable, ...

Article by NRA-ILA Litigation Director Joseph Greenlee and Professor George Mocsary Published in Yale Law Journal Forum

News  

Monday, November 2, 2026

Article by NRA-ILA Litigation Director Joseph Greenlee and Professor George Mocsary Published in Yale Law Journal Forum

A new Essay authored by NRA-ILA Litigation Director Joseph Greenlee and University of Wyoming College of Law Professor George Mocsary has been published in the Yale Law Journal Forum.

New York:  Gov. Kathy Hochul Signs Gun Ban in State Budget Process

Wednesday, May 27, 2026

New York: Gov. Kathy Hochul Signs Gun Ban in State Budget Process

On Wednesday, May 27, Gov. Kathy Hochul signed S.9005C, which “enacts into law major components” of the state’s public protection and general government budget.

Trump’s Gun Rights Policies Making America Safe Again

News  

Monday, November 2, 2026

Trump’s Gun Rights Policies Making America Safe Again

“Crime’s way down thanks to Trump — Dems will fight to send it back up,” warns an editorial in the N.Y. Post. “Law-and-order works. Immigration enforcement works. And — like it or not — Trump’s ...

The Hunting Vote: What’s at Stake in 2026 and Beyond

News  

Monday, November 2, 2026

The Hunting Vote: What’s at Stake in 2026 and Beyond

As votes are now being cast nationwide, one influential voting bloc is drawing renewed attention: America's hunters, sportsmen, and sportswomen.

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

News  

Monday, October 12, 2026

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

As we announced separately this week, ATF has determined that it will use its executive discretion to uniformly suspend enforcement of large portions of the National Firearms Act (NFA).

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

News  

Wednesday, September 23, 2026

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

On September 17, the Department of Justice’s Office of Legal Counsel (OLC) issued a memorandum opinion to answer the question “whether restricting young adults from buying firearms comports with the Second Amendment as the Supreme ...

NRA Files Lawsuit Challenging Pennsylvania’s Carry Restrictions for Adults Under 21

Friday, October 30, 2026

NRA Files Lawsuit Challenging Pennsylvania’s Carry Restrictions for Adults Under 21

Today, the National Rifle Association, Firearms Policy Coalition, and an individual, Daniel Maines, filed a lawsuit challenging Pennsylvania’s carry restrictions for adults under 21.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.