Limits Voters’ Ability to Raise Revenues for Local Government Services. Legislative Constitutional Amendment.

“Prop. 43 closes these loopholes and restores the two-thirds vote requirement to pass local special taxes.”

Seen in: Official Voter Information Guide, argument in favor of Proposition 43

The Analyst says local special taxes currently need a two-thirds vote, that recent court decisions have allowed special taxes proposed by voters to pass by majority, and that beginning January 1, 2027 Proposition 43 would require two-thirds for any new, increased, or extended local special taxes proposed by voters. "Loopholes" is a characterization.

“Prop. 43 undermines the voice of voters and the majority vote by letting just one-third of voters (33.4%) block local voter decisions”

Seen in: Official Voter Information Guide, argument against Proposition 43

With a two-thirds threshold, a bit over one-third voting no defeats a measure, which matches the claim's arithmetic. The Analyst says the new threshold applies to local special taxes proposed by voters, beginning January 1, 2027, not to every local decision.

“Local governments have imposed over 2,000 new or higher taxes in the past decade, including higher sales, property and utility taxes—using the loopholes courts created in Prop. 13 to impose some of the most costly and damaging tax increases Californians face today.”

Seen in: Official Voter Information Guide, argument in favor of Proposition 43

The guide does not document the count. Local tax and bond measure results compiled by CaliforniaCityFinance.com cover local tax and bond measures, including school bonds and measures placed on the ballot by local governments, one election at a time: 355 of 430 passed in November 2016, 313 of 386 in November 2018, and 208 of 302 in November 2022. They do not give a ten-year total and do not separate tax increases from bonds. No source for a total of more than 2,000 was found. The Analyst says the court decisions the argument calls loopholes affect only special taxes proposed by voters through signature gathering, which are a subset of local tax measures; local governments already needed a two-thirds vote for the special taxes they place on the ballot themselves.

“Even if 66% of voters say yes, Prop. 43 would prevent us from funding desperately needed local services.”

Seen in: Official Voter Information Guide, argument against Proposition 43

Two-thirds is about 66.7 percent, so a voter-proposed local special tax with 66 percent yes votes would fail under Proposition 43 and pass today by majority vote. The Analyst says the new threshold applies to local special taxes proposed by voters beginning January 1, 2027.