Washington income tax repeal trails in early returns

By the numbers: Early vote counts saw 58% of Washington voters rejecting I-645 on Tuesday, with about 42% of voters approving it, according to the secretary of state's office.

• More ballots in the vote-by-mail election will be counted in the coming days.

Catch up quick: Washington has long been one of nine states that don't tax earned income.

• But this year, the Democratic-controlled Legislature passed an income tax targeting the state's wealthiest households.
• The 9.9% tax, which supporters have dubbed the "millionaires tax," is set to take effect in 2028.
• It will affect individuals and couples who make more than $1 million per year — an estimated 25,000 taxpayers.

The tax will apply only to the portion of annual income that exceeds $1 million, a threshold that is set to rise with inflation.

State of play: Should the tax survive at the ballot box, it faces another test in the courts.

• Tax opponents have filed a lawsuit seeking to overturn it, arguing it violates the state constitution.
• A 1933 state Supreme Court ruling found that income is property, which Washington's constitution says must be taxed at a uniform rate.
• Democratic legislative leaders who backed the income tax law have been counting on the court revisiting that 1933 ruling — and possibly overturning it.

What's next: Election officials are scheduled to release updated results Wednesday afternoon.

Editor's note: This is a developing story and will be updated.