Judge blocks Healthy Children’s Fund repeal

A ballot initiative to repeal the Healthy Children’s Fund, a voter-backed childcare and early development property tax, will not be on November ballots after a Whatcom County Superior Court judge ruled it violated the state Constitution on September 3.

Judge Lee Grochmal ruled that a property tax voted by the public may not be repealed via initiative, and found the initiative “substantially invalid,” according to court documents.

“Unlike a statewide measure, the local initiative process has a very limited scope and measures that exceed that scope cannot proceed to the ballot,” Grochmal wrote in her ruling, granting an injunction sought by Protect Whatcom Kids, a political group formed to combat the repeal initiative.

Whatcom County voters passed the Healthy Children’s Fund in the November 2022 general election by just 20 votes, and it is set to raise $100 million for early childhood learning and care. The tax is $0.16.75 per $1,000 in assessed property value.

A Lynden-based political action committee, Washingtonians for a Sound Economy, began gathering signatures to support a repeal of the tax in the November 2024 general election, and collected enough to introduce the initiative to ballots by early June.

The initiative was mulled over by county council for multiple meetings throughout the summer, and was ultimately allowed to be placed on ballots before Grochmal’s decision.

Whatcom County has already granted millions of dollars in funding to support parents, doula programs, resources for at-risk families, and has plans for $7 million more toward childcare facilities and additional services across the county. The tax will raise $10 million annually.

Correction: The original version of this story stated the Healthy Children's Fund tax rate was 19 cents per $1,000 in assessed home value. The current tax rate is 16.75 cents per $1,000. The Northern Light regrets the error.