Eyman, appearing at the state elections division just minutes before closing time, said he and allies had collected 105,103 signatures. That's fewer than the 112,440 minimum required and considerably less than the 130,000 that is suggested in order to cover duplicate or invalid signatures.

The announcement marked one of the few times that Eyman has failed to qualify a measure for the ballot - and particularly one with as much seeming appeal to social and religious conservatives.

"It was obviously an extremely challenging issue," Eyman said. "We went into it with our eyes wide open. But we did feel it was very important for the voters to have the final say on the issue."

Referendum 65 would have asked voters whether they want to keep the anti-discrimination law passed this year by the Legislature. The law adds "sexual orientation" to a state law that bans discrimination in housing, employment, insurance and credit.

State Rep. Ed Murray, one of four openly gay state lawmakers and prime sponsor of the legislation, said he was relieved.

"This means people do not believe in discrimination," he said. "They may not feel good about gay and lesbian people, but they don't like discrimination."

Opponents of the law argue that it gives gays and lesbians preferential treatment, encourages quotas, and could lead to same-sex marriage - an issue the state Supreme Court is expected to make a ruling on any week now.

"This is a flagrant attempt to force values upon others," said Rick Forcier, state director of the Christian Coalition.

The announcement came a day after Eyman arrived at the state elections division building dressed as Darth Vader and wielding a plastic light saber.

While Eyman had made an appointment with the secretary of state's office to turn in petitions full of signatures on Monday, he instead used the camera time to make a final push for signatures on the referendum, as well as touting his initiative on state taxes on cars.

Tuesday, a more reserved Eyman arrived without the light saber, instead wearing a blue "Let the Voters Decide" T-shirt.

"At the end of the day we don't get a hit every time, but at least we're swinging the bat," he said. "With controversial issues like this one, I think a lot of people kind of shied away because they didn't want to get into the middle of it."

Many liberal churches had joined a coalition of gay-rights backers who planned to run a vigorous campaign to uphold the Legislature's new law. Conservative churches had lined up to help Eyman's effort and held "Referendum Sundays" in a push for signatures.

Gary Randall, president of the Faith & Freedom Network, estimated his group collected between 30,000 and 40,000 Referendum 65 signatures.

"It's hard for me to reconcile the number I heard with the effort I saw across the state," he said.

Randall said the conservative religious community would still try to repeal the law, but was discussing what options were available, including a possible initiative to the Legislature next session.

"It'll be much harder now," he said, though he said any effort would be done without Eyman.

"I'm not going to say he failed, and we didn't," said Randall, who said he was left in the dark about where the signature-gathering stood. But "we'll probably be doing this different next time."

With the referendum deadline past, the new law takes effect on Wednesday. It makes Washington the 17th state with laws protecting gays and lesbians, and the seventh to protect transgender people.

"The failure of Eyman and the fundamentalist networks to collect enough signatures after three months of trying is a credit to the people of Washington state," said Anne Levinson, chairwoman of the Washington Won't Discriminate Campaign, the group leading the fight to keep the anti-discrimination law.

Gov. Chris Gregoire said that Wednesday "will be a proud day in Washington."

"In January, Washington took an affirmative stand to say to gay and lesbian individuals, moms and dads, sons and daughters, neighbors, co-workers and friends that, like all other people, they are free to work in an environment absent discrimination," she said in written remarks. "Tomorrow our words become law."

Gay rights supporters said discrimination will not end with this new law.

"But it sends a very strong message that discrimination against gay people is wrong and illegal," said Matt Foreman, executive director the National Gay and Lesbian Task Force in Washington, D.C. "And it sends a strong message to potential victims that you don't have to take it anymore."