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California Supreme Court will weigh removal of Taxpayer Protection Act from ballot. Here's why

Nicole Nixon, The Sacramento Bee on

Published in News & Features

The state’s Supreme Court will hear arguments in a case this week that could determine whether Californians are allowed to weigh in on an expansive ballot measure that would put virtually all tax increases before voters.

It’s part of a rare case in which the court will consider removing a proposition from the ballot before an election. At issue is whether the sweeping ballot measure, known by its supporters as the “Taxpayer Protection and Government Accountability Act,” is a constitutional amendment or a constitutional revision.

The business-backed initiative would mandate that voters sign off on all new tax increases, both at the state and local level. If approved by voters, the initiative would also reclassify many government fees as taxes and require any tax increase enacted since 2022 to comply with the new requirements.

A heavy-hitting coalition of Democratic officials and public labor leaders – from Gov. Gavin Newsom to teacher and firefighter unions – is asking the state’s highest court to remove the measure from the November ballot. They argue the ballot initiative is too broad to be considered a constitutional amendment, but is instead a constitutional revision.

While voters can propose amendments to state law and the constitution through ballot measures, only the legislature can propose broader constitutional revisions.

Business and taxpayer advocates submitted more than 1 million signatures in late 2022 to place the measure on the ballot.

 

Its backers say the measure is an attempt to rein in what they describe as runaway spending by California’s Democratic leaders and make the state more business-friendly.

“California is the highest-cost state in the country and every employer knows it,” said Robert Lapsley, president of the California Business Roundtable, a lead proponent of the initiative. “It’s our job to try and create balance in those policies or try and change those policies in a major way by appealing directly to voters.”

What the Taxpayer Protection Act would do

At its core, the Taxpayer Protection Act is designed to make it harder to raise taxes in California.

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