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
En Banc Third Circuit Strikes Down New Jersey’s “Assault Firearm” and “Large Capacity Magazine” Bans in NRA Case

Friday, July 17, 2026

En Banc Third Circuit Strikes Down New Jersey’s “Assault Firearm” and “Large Capacity Magazine” Bans in NRA Case

In a landmark victory for the Second Amendment and the National Rifle Association, the U.S. Court of Appeals for the Third Circuit today held that New Jersey’s bans on commonly owned semiautomatic rifles and magazines ...

New Hampshire: Governor Ayotte Signs Pro-Gun Reforms Into Law

Tuesday, July 21, 2026

New Hampshire: Governor Ayotte Signs Pro-Gun Reforms Into Law

On July 15, Governor Kelly Ayotte signed two pro-gun bills into law. 

Happy Trails: NRA Submits Comment on ATF’s FOPA Transportation Rulemaking

News  

Tuesday, July 21, 2026

Happy Trails: NRA Submits Comment on ATF’s FOPA Transportation Rulemaking

Since the U.S. Congress enacted the Firearm Owners’ Protection Act of 1986, an American has enjoyed the right to travel with firearms “from any place where he may lawfully possess and carry such firearm to ...

“Property Rights” Critique of Wolford Misleads on Facts and Law

News  

Tuesday, July 21, 2026

“Property Rights” Critique of Wolford Misleads on Facts and Law

On June 25, the U.S. Supreme Court decided Wolford v. Lopez. The case involved a Hawaii law that presumptively banned carry permit holders from carrying their arms onto publicly accessible private property, unless the carrier ...

NRA Files Amicus Brief in Case Challenging Maryland’s Refusal to Recognize Out-of-State Carry Permits

Friday, July 24, 2026

NRA Files Amicus Brief in Case Challenging Maryland’s Refusal to Recognize Out-of-State Carry Permits

The National Rifle Association joined the Second Amendment Foundation, Maryland Shall Issue, California Rifle & Pistol Association, Minnesota Gun Owners Caucus, Second Amendment Law Center, Citizens Committee for the Right to Keep and Bear Arms, ...

Lott Op-Ed Lends Additional Support to National Right-to-Carry Effort

News  

Tuesday, July 21, 2026

Lott Op-Ed Lends Additional Support to National Right-to-Carry Effort

National Right-to-Carry Reciprocity has been a popular topic lately.  President Donald Trump brought it up during an appearance at a Mack Trucks facility in Macungie, Pa., on June 23, proclaiming, “National Right-to-Carry, we’re working on it.” 

Legislation Introduced to Protect Second Amendment Rights on Federal Lands

News  

Thursday, July 16, 2026

Legislation Introduced to Protect Second Amendment Rights on Federal Lands

On July 16, 2026, Representatives Rudy Yakym (R-IN-02) and Pat Fallon (R-TX-04) introduced H.R. 9719, the Federal Lands Lawful Carry Act. This legislation would clarify that law-abiding Americans can carry firearms on federal land and ...

U.S. House Passes Legislation to Block Credit Card Gun Registry

News  

Tuesday, July 14, 2026

U.S. House Passes Legislation to Block Credit Card Gun Registry

On July 14, 2026, the U.S. House passed H.R. 1181, the Protecting Privacy in Purchases Act. This important legislation, sponsored by Representative Riley Moore (R-WV-02), would prohibit credit card companies from tracking the purchases of ...

Judge Rules Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans Secured by NRA Applies Statewide

Wednesday, July 8, 2026

Judge Rules Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans Secured by NRA Applies Statewide

In the NRA’s challenge to Virginia’s “assault firearm” and magazine bans, Santolla v. Katz, Judge Jeffrey L. Campbell of the Washington County Circuit Court issued a letter opinion yesterday making clear that the preliminary injunction ...

Maine: NRA Puts the State on Notice of Intent to Sue over Conservation Funding Deficiencies

Thursday, July 23, 2026

Maine: NRA Puts the State on Notice of Intent to Sue over Conservation Funding Deficiencies

The NRA, along with our partners including the Sportsman’s Alliance of Maine and Safari Club International have put the State of Maine on notice that, on behalf of all of our members, the Association intends ...

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.