Court of Appeal Affirms Two-Thirds Majority Not Required for Voter-Led Special Tax Initiatives

The California First District Court of Appeal has upheld a lower court ruling that special taxes do not require a two-thirds majority to pass when they’ve been placed on the ballot through a voter’s initiative.

The original decision was handed down last year by the Court of Appeal in San Francisco. In City and County of San Francisco v. All Persons Interested in the Matter of Proposition C, the court held that a two-thirds voting majority is only necessary for special tax initiatives put forth by governments. In the case of a special tax measure proposed by voters, a simple majority will suffice.

This is the third time an appellate court has held that special taxes brought by a voter’s initiative require a simple majority. Cities, counties, and other jurisdictions are likely to see an increase in voter-led special tax initiatives as a result.


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