Judge rules Prop. 5 ballot language will not denote changes in threshold changes for tax hikes

An effort to require certain language regarding Proposition 5 has been halted by an appellate judge.

Certain ballot language regarding Proposition 5 will remain as is despite an effort from the Howard Jarvis Taxpayers Association to change it. 

A judge ruled Tuesday that the ballot label for Proposition 5 can appear on the ballot in November as written. 

Flashback: The Howard Jarvis Taxpayers Association filed a lawsuit to require the ballot label to state that Proposition 5 would lower the voter approval requirement for certain taxes from two-thirds to 55 percent. 

  • Last week a Sacramento County judge agreed with the Howard Jarvis Taxpayers Association, finding that the ballot label lacks the necessary information and needs to be rewritten. 

The big picture: An appellate court judge reversed the lower court’s ruling on Tuesday. 

  • That means the following ballot label will remain: “Fiscal Impact: Increased local borrowing to fund affordable housing, supportive housing, and public infrastructure. The amount would depend on decisions by local governments and voters. Borrowing would be repaid with higher property taxes.” 
  • However, other language on the ballot will state that the tax threshold would be reduced to a 55 percent vote. 
  • Part of the yes/no statement on the ballot states: “A YES vote on this measure means: Certain local bonds and related property taxes could be approved with a 55 percent vote of the local electorate, rather than the current two-thirds approval requirement. These bonds would have to fund affordable housing, supportive housing, or public infrastructure.” 

What they’re saying: Jon Coupal, the President of the Howard Jarvis Taxpayers Association, spoke out against the ruling. 

  • Coupal said on X that the association “will do all we can to educate voters despite this horrible anti-transparency decision.” 

The backstory: Proposition 5 is a Legislative Constitutional Amendment written by Asm. Cecilia Aguiar-Curry (D–Winters). 

  • Democrats and local governments have lined up in support of Proposition 5 just a few months ahead of the election, while business groups, including the California Chamber of Commerce, oppose it. 
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