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Supreme Court Opinion on Initiative 1935 Will be Filed Thursday, June 20

By Vanessa Gonzales posted 06-18-2024 06:46 AM

  

By @Kyle Packham

The California Supreme Court announced it will file its opinion Thursday, June 20 in the case of Legislature of the State of California et. al. v. Weber. The Court’s opinion will come just one week shy of the June 27 deadline for Secretary of State Shirley Weber to finalize the November 5, 2024 General Election ballot and could determine the fate of Initiative 1935, known by opponents as the Taxpayer Deception Act.

June 27 is also the deadline should proponents wish to withdraw the measure from consideration. With opposition mounting, as expressed in a recently released Public Policy Institute of California (PPIC) survey and nearly 400 local agencies approving resolutions in opposition to Initiative 1935, all eyes will be on the Supreme Court Thursday. Pending the outcome, attention then may shift immediately to the State Legislature and Initiative proponents.

CSDA joined together with 10 other local government associations in submitting an amicus brief petitioning the court remove Initiative 1935 from the ballot as an illegal revision to the State Constitution that would disrupt essential functions of government.

The California Supreme Court’s Notice of Forthcoming Filing can be found here.

Mounting Opposition

June 14, PPIC released a statewide survey indicating majorities of Democrats, Republicans, and Independents respectively oppose the initiative known by opponents as the Taxpayer Deception Act.

According to PPIC, when read the title and summary for Initiative 1935, 32 percent would vote yes, 63 percent would vote no, and 5 percent don’t know; with majorities saying no across partisan and demographic groups and across regions.

Survey results from the PPIC correspond with mounting opposition from hundreds of local agencies and other stakeholders from all regions throughout the state, now including 141 special districts, 249 cities, and 8 counties. With resolutions being taken up on a weekly basis, the coalition will likely surpass 400 by the end of this week.

To learn more about Initiative 1935 and download a sample resolution for consideration by your district board, visit csda.net/VoterLimitations.

CSDA members may also view a 60-minute on-demand webinar to learn about the impacts of the initiative on special districts and what special district officials can and cannot do related to a ballot measure. If you have questions and would like to request a meeting or presentation in-person or virtually for you, your staff, or your board, please contact your CSDA Public Affairs Field Coordinator.

PPIC Survey Details

The PPIC poll noted above interviewed 1,677 California adult residents in English and Spanish between May 23-June 3, 2024. It had a margin of error of +/-3.1 percent at 95 percent confidence level over the total sample. Interviewers read likely voters the official circulating title and summary of Initiative 1935:

“A November eligible statewide ballot measure is titled, “Limits Ability of Voters and State and Local Governments to Raise Revenues for Government Services. Initiative Constitutional Amendment.” For new and increased taxes currently enacted by two-thirds vote of legislature, also requires statewide election and majority voter approval. Limits voters’ ability to pass voter-proposed local special taxes by raising vote requirement to two-thirds. Eliminates voters’ ability to advise how to spend revenues from proposed general tax on the same ballot as proposed tax. Expands definition of taxes to include certain regulatory fees, broadening application of tax approval requirements. Requires legislature or local governing body to set certain other fees. Summary of estimate of fiscal impact: lower annual state and local revenues. If the election were held today, would you vote yes or no?”

PPIC is a nonprofit, nonpartisan think tank whose mission is to inform and improve public policy in California through independent, objective, nonpartisan research. The complete survey results can be found here:

PPIC Statewide Survey: Californians and Their Government - Public Policy Institute of California


Building image for Initiative 1935 saying limits ability of voters and state and local governments


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