Capitol Alert: Judge: Prop 25 language can't say it retains two-thirds tax vote

A Sacramento Superior Court judge ruled today that ballot language for the majority-vote budget initiative cannot claim the measure retains the two-thirds vote requirement for raising taxes.

Proposition 25 supporters say the sole aim of the November ballot measure is to lower the legislative vote requirement for passing a budget from two-thirds to a majority vote.

The title and summary prepared for the initiative by the attorney general's office reinforced that claim, saying the measure "retains two-thirds vote requirement for taxes."

But opponents, who argue the initiative language would also allow lawmakers to raise taxes with a majority vote, sued to remove the reference to the tax vote. They cite a fiscal analysis by the Legislative Analyst's Office that says the initiative language does not "specifically address the legislative vote requirement for increasing state tax revenues."

Judge Patrick Marlette sided with the opponents that the language should be removed, but not because he agreed with opponents' arguments about the initiative's effect. Marlette, who ruled from the bench, said the language could misleadingly send the message to voters that they must support the initiative to keep the tax vote requirement as is, according to both proponents and opponents of the initiative.

California Chamber of Commerce President and CEO Allan Zaremberg, who filed the lawsuit, said the decision will give voters a clearer picture of what the initiative would do.

"We've said for weeks that Prop. 25 is riddled with flaws, chief among them the ability of the Legislature to pass majority vote tax increases, and the title and summary perpetrated that deception. Now the court has exposed that deception and agreed that the title and summary would mislead voters," Zaremberg said in a statement.

But Proposition 25 supporters said they plan to immediately appeal the decision.

"The judge's conclusion that voters might be mislead into believing they must vote for Prop 25 to retain the two-thirds vote for taxes is simply wrong," Proposition 25 proponent Kenneth Burt said in a statement. "Voters will be well served to understand precisely what Prop 25 does and does not do. We strongly feel that clearly informing voters of what the judge affirmed -- that it does NOT eliminate the two-thirds vote requirement for taxes -- is clearly the just thing to do."

All court-ordered changes to ballot initiatives must be finalized by Aug 9.

PHOTO CREDIT: Sacramento Superior Court Judge Patrick Marlette questions the attorneys before issuing his ruling that Gov. Arnold Schwarzenegger can furlough state workers inside his court room. Photo taken Thursday, Jan. 29, 2009. Sacramento Bee file photo/ Brian Baer