Local Taxpayer Organizations File Amicus Opposing Lawsuit to Block Californians from Voting on Taxpayer Protection Act

Democrats shout that Republicans are killing democracy.  Yet, it is the California Democrats that do not want the people to vote on saving a major portion of Prop. 13.

“A coalition of local taxpayer organizations filed an amicus letter with the California Supreme Court, opposing an undemocratic lawsuit from the governor and Legislature to remove the duly qualified Taxpayer Protection and Government Accountability Act (TPA) from the 2024 ballot. 

Their amicus letter states that California’s Constitution expressly provides that all political power is inherent in voters. They argue the governor and Legislature’s lawsuit is wrong to claim that allowing voters to approve all state taxes would be an illegal revision of the Constitution, given that the courts have upheld previous measures like Proposition 13.” 

A legal victory for the Democrats will mean an end to citizen ballot measures.  That is the end of democracy in California—and, of course, Gavin Newsom supports ending democracy in California—he closed churches, schools and businesses.  Need more proof?

Local Taxpayer Organizations File Amicus Opposing Lawsuit to Block Californians from Voting on Taxpayer Protection Act

Californians for Taxpayer Protection and Government Accountability, 11/10/23 

A coalition of local taxpayer organizations filed an amicus letter with the California Supreme Court, opposing an undemocratic lawsuit from the governor and Legislature to remove the duly qualified Taxpayer Protection and Government Accountability Act (TPA) from the 2024 ballot. 

Their amicus letter states that California’s Constitution expressly provides that all political power is inherent in voters. They argue the governor and Legislature’s lawsuit is wrong to claim that allowing voters to approve all state taxes would be an illegal revision of the Constitution, given that the courts have upheld previous measures like Proposition 13. 

The letter also argues that local governments supporting the lawsuit are greatly exaggerating their assertion that it will decimate local government services—pointing out that local governments had no issue winning voter approval on special local taxes before the Upland case opened the door to making it easier for citizen initiative special local taxes to pass.  

Read highlights from the amicus letter below:

“This Court’s potential intervention to preemptively exclude TPA from the 2024 ballot would constitute an extraordinary intrusion into the democratic process. The Legislature and governor are improperly asking this Court to cancel an election on a duly qualified initiative based on novel arguments and rampant speculation about future events should TPA pass in November.

“For more than 100 years, this Court has repeatedly practiced caution and deference when it comes to the voters’ right of initiative and, in all but the most extreme circumstances where a legal defect is absolutely clear and unmistakable, has declined invitations for pre-election review.

“The Petition incorrectly argues that TPA is a revision of the state’s constitution that cannot be proposed via a citizen’s ballot initiative. However, Proposition 13 created a far more expansive change to California’s Constitution, only to be upheld in post-election legal challenges as a properly enacted constitutional amendment. There should be nothing controversial about allowing voters to approve state and local taxes. 

“Voters not only serve as the foundation of the government’s authority in any democracy, but the California Constitution is expressly built on the bedrock principle that ‘[a]ll political power is inherent in the people.’

“Furthermore, TPA addresses a long-standing policy issue by addressing the fallout of the California Cannabis Coalition v. City of Upland case. Although that case did not address or decide the issue, it has been used to allow certain special local taxes to be approved with a simple majority vote.

“Indeed, before the Upland decision, citizen initiatives imposing special local taxes were successfully enacted with a two-thirds majority vote requirement. Local governments have also long operated under this provision, and they will continue to be able to do so should voters approve the Taxpayer Protection Act. Before the Upland decision, 68% of all local tax measures were approved in 2014, and 74% were approved by voters in the 2016 election cycle.

“Contrary to Petitioners’ bald assertions, it is evident that TPA will not create a fiscal emergency for local governments nor create an insurmountable obstacle to winning approval on taxes—making this Court’s pre-election intervention highly inappropriate and unnecessary.”

 You can learn more about the Taxpayer Protection and Government Accountability Act at TaxpayerProtection.com.

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