Government officials and special interests are targeting a court-created loophole to pass tax measures with only a simple majority, rather than the required two-thirds vote. This approach has gained traction in California following a 2017 ruling allowing voter initiatives to propose special taxes with a 50% threshold. Cases in counties like San Bernardino and San Francisco have applied this precedent to various taxes. Despite the citizen initiative being seen as grassroots democracy, these measures are often driven by wealthy interests, raising concerns about transparency and representation in taxpayer decisions.
Frustrated by their inability to gain supermajority voter support for tax hikes, government officials and special interests are turning to a new court-created loophole: voter initiatives that require only a simple majority to pass.
Under the California Constitution, local governments may only impose a special tax "approved by a two-thirds vote." However, a 2017 ruling allowed for a 50% threshold if the tax is proposed by a voter initiative.
The Upland decision has been applied to various tax measures including commercial rent and sales tax in multiple counties, affirming a significant shift in how tax measures can be placed on ballots.
While "a citizen's initiative" suggests grassroots participation, in practice, these ballot measures are often proposed by corporations and well-funded special interests.
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