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
Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

M14s Added to CMP Roster

News  

Monday, August 3, 2026

M14s Added to CMP Roster

Since 1903, the Civilian Marksmanship Program (CMP) has served a critical role in promoting America’s continued excellence in marksmanship and firearms safety by providing firearms education, training, and competitions nationwide

NRA Submits Comments on Several ATF Rulemakings; the Deadline for Your Input is Aug. 4!

News  

Monday, August 3, 2026

NRA Submits Comments on Several ATF Rulemakings; the Deadline for Your Input is Aug. 4!

This week, NRA submitted comments on several important ATF rulemakings.

Oregon’s Anti-Hunting Initiative Fails to Meet Signature Threshold

News  

Monday, August 3, 2026

Oregon’s Anti-Hunting Initiative Fails to Meet Signature Threshold

Recently, we alerted our members about an extreme ballot initiative in Oregon, which had the potential to put an end to not just hunting, fishing, and trapping, but traditional ranching and farming practices as well.

Supplemental Brief Filed in NRA-Supported Duncan v. Bonta Highlights Circuit Split Created by NRA’s Victory in ANJRPC v. Attorney General of New Jersey

Friday, August 7, 2026

Supplemental Brief Filed in NRA-Supported Duncan v. Bonta Highlights Circuit Split Created by NRA’s Victory in ANJRPC v. Attorney General of New Jersey

The Petitioners in Duncan v. Bonta, an NRA-supported challenge to California’s ban on magazines capable of holding more than ten rounds, have filed a Supplemental Brief urging the U.S. Supreme Court to grant review and ...

Punishing Imagination and Childish Impulses Won’t Keep Schools Safe

News  

Monday, August 3, 2026

Punishing Imagination and Childish Impulses Won’t Keep Schools Safe

As the calendar turns to August, many parents are starting the annual check of school supply lists, bus routes, and lunch packing routines.  

New Jersey: Third Circuit Grants Stay in AWB/Mag Ban Case

Tuesday, August 4, 2026

New Jersey: Third Circuit Grants Stay in AWB/Mag Ban Case

Today, the Court of Appeals for the Third Circuit granted the state's request for a stay pending its appeal to the US Supreme Court.

Court Stays NRA Challenge to Virginia’s “Assault Firearm” and Magazine Bans, Keeping Statewide Injunction in Place Until Supreme Court Rules on “Assault Weapon” Bans

Wednesday, July 29, 2026

Court Stays NRA Challenge to Virginia’s “Assault Firearm” and Magazine Bans, Keeping Statewide Injunction in Place Until Supreme Court Rules on “Assault Weapon” Bans

In the NRA’s challenge to Virginia’s “assault firearm” and magazine bans, Santolla v. Katz, the court today entered an order memorializing the parties’ agreement to stay the case until after the U.S. Supreme Court issues ...

DOJ Withdraws Appeal in Challenge to Post Office Firearms Ban

News  

Monday, July 27, 2026

DOJ Withdraws Appeal in Challenge to Post Office Firearms Ban

Another significant victory has emerged in the ongoing effort to roll back unconstitutional restrictions on the right to bear arms in places that millions of law-abiding Americans visit every day in every state in towns ...

NRA Files Amicus Brief Urging Indiana Supreme Court to Protect Associational Standing

Tuesday, July 28, 2026

NRA Files Amicus Brief Urging Indiana Supreme Court to Protect Associational Standing

The National Rifle Association joined a coalition of 23 nonprofit organizations, led by the ACLU of Indiana, in filing an amicus brief urging the Indiana Supreme Court to recognize the doctrine of associational standing. 

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.