By @Mustafa Hessabi
Last week, CSDA joined a coalition of eleven local government associations and others to file an amicus brief in support of the Legislature and Governor's legal challenge to a ballot measure that could disrupt the ability of the state as well as special districts and other agencies to provide essential services and infrastructure.
The purported "Taxpayers Protection and Government Accountability Act", sponsored by the California Business Roundtable (CBRT), is slated to be on the November 2024 ballot and would impose draconian, retroactive restrictions on all local revenues, from special taxes to fees and fines.
Last fall, Governor Gavin Newsom, joined by the State Legislature and former State Senate President Pro Tem John Burton, filed an emergency petition to the California Supreme Court for a pre-election challenge to the ballot measure, arguing that the measure is unlawful because it improperly revises the state constitution via initiative, and would impair essential government services. CSDA promptly joined a coalition to file a letter to the Supreme Court in favor of granting pre-election review, given the anticipated adverse impact to special districts finances if the measure passes.
On November 29, the California Supreme Court issued an order to show cause why the measure should not be removed from the ballot and established a schedule for briefing the court. The amicus brief filed last week by CSDA argues that the measure is an unlawful revision of the state constitution because of the ways the measure would redistribute power between state and local governments, the measure would undermine essential functions of local governments, and because the ballot measure is so poorly drafted that it raises many interpretive issues that will not be simply resolved without requiring extensive litigation after passage. The brief urges the Court to act before the measure is placed on the ballot for the November election because planning impacts are being felt now and could impair essential government services.
The California Supreme Court is likely to rule on the pre-election challenge before the end of June, when the Secretary of State is anticipated to formally qualify the measure for the November 2024 ballot.
To learn more about the ballot measure, known as Initiative 1935 or formerly known as Initiative 21-0042A1, visit csda.net/VoterLimitations.
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