An appeals court ruled today that ballot pamphlet language for Proposition 25 can say the majority budget vote measure "retains two‐thirds vote requirement (for) taxes."
The decision overturns the ruling of a Sacramento Superior Court judge, who ordered last week that the reference to the tax vote requirement be removed to avoid misleading voters that they must support the initiative to keep the vote threshold for increasing taxes at its current level.
Proposition 25 opponents had sued to take the language out of the ballot label and title and summary prepared by the attorney general, arguing that, contrary to proponents' claims, the initiative would allow lawmakers to raise taxes on a majority vote.
Today's ruling from the appeals court delivers a blow to that argument, saying the measure's intent language declaring it would not change the legislative vote requirement on taxes is enough to assess the measure's impact.
"(W)e find nothing in the substantive provisions of Proposition 25 that would allow the Legislature to circumvent the existing constitutional requirement of a two-thirds vote to raise taxes," the ruling reads.
The campaign opposing the measure issued a release calling the ruling "unfortunate and disappointing because millions of voters won't receive a true and accurate title and summary or ballot label description of Prop. 25 contained in the official voter pamphlet," pointing out that their ballot arguments about opening the door to raising taxes on a majority vote were not challenged by proponents.
This post was updated at 7:06 p.m. with comments from the Prop 25 opponents.
Latest posts:
About Comments
Reader comments on Sacbee.com are the opinions of the writer, not The Sacramento Bee. If you see an objectionable comment, click the "report abuse" button below it. We will delete comments containing inappropriate links, obscenities, hate speech, and personal attacks. Flagrant or repeat violators will be banned. See more about comments here.