Government officials and special interests are utilizing a court-created loophole that allows voter initiatives requiring only a simple majority to pass, as they struggle to achieve supermajority support for tax hikes. California's Constitution mandates a two-thirds majority for local special taxes. However, a 2017 ruling reduced this requirement to 50% for initiatives. This loophole has applied to various tax measures in different counties, indicating a trend where well-funded interests, rather than grassroots efforts, are often the ones promoting these initiatives, leading to concerns about the implications for California’s tax policy.
Frustrated by the 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, defined as a tax for specific purposes like combating homelessness or supporting transit.
The 2017 ruling in California Cannabis Coalition v. City of Upland lowered the threshold to 50% if the special tax is placed on the ballot by a voter initiative.
Ballot measures are more commonly proposed by corporations and other well-funded special interests, showing a disconnect between direct democracy and its actual proponents.
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