Posted by Jon Coupal at 12:29 am on Jul 05, 2016 Comments Off on “Right to Vote on Taxes” Case Now Before California Supreme Court
Last week the California Supreme Court agreed to hear a case
that could determine whether the right to vote on local taxes,
which is constitutionally guaranteed by both Propositions 13 and
218, will cease to exist.
The case, California Cannabis Coalition v. City of Upland, at
first glance seems limited to a narrow technical question: When a
local initiative seeks to impose a new tax, does the issue need to
be put to the voters at the next general election or can the
proponents, relying on other laws, force a special election? But in
answering that question, the lower court ruled that taxes proposed
by initiative are exempt from the taxpayer protections contained in
the state constitution, such as the provision dictating the timing
of the election.
The Howard Jarvis Taxpayers Association (HJTA), which filed the
petition seeking Supreme Court review, was alarmed because the
constitution’s taxpayer protections include the right to vote on
taxes. If local initiatives are exempt from those protections, then
public agencies could easily deny taxpayers their right to vote on
taxes by colluding with outside interests to propose taxes in the
form of an initiative,… Read More