Court rules against group of anti-tax advocates to allow sales
tax to stay
Morgan Hill – An effort to keep the Measure A sales tax off the June ballot was denied Thursday by a Santa Clara County Superior Court judge.
Last week, a group of anti-tax advocates sued to block Measure A, claiming it violates the state election code, which requires tax measures to appear on general election ballots. Typically, general elections are in November, though state law also allows other elections to be considered general elections.
“The judge threw this frivolous lawsuit out of court,” Santa Clara County Counsel Ann Ravel said. “The June 6 election complies with state law, and it will proceed.”
The state constitution requires a general tax measure to be held in a general election in which members of the governing body are facing re-election. The law is the result of Proposition 218, which passed in 1996.
But the state elections code has many definitions of general, including any statewide June election held in an evenly-numbered year. Supervisor Don Gage is up for election in June, as is the seat currently held by Supervisor Jim Beall, who is termed out.
Thursday’s ruling by Superior Court Judge Kevin McKenney is the third in the past week regarding the June ballot. Last Friday, a judge forced Supervisor Pete McHugh to delete portions of his ballot argument in his race against incumbent Assessor Larry Stone, and another judge oversaw an agreement to delete or amend four arguments against Measure A.
Measure A is 30-year half-cent sales tax that would raise about $160 million a year to fund county services, including housing, healthcare and transportation.
Doug McNea, of the Santa Clara County Taxpayers’ Association, said he was disappointed by the ruling but will continue to fight Measure A.
“I’m not really happy about the outcome,” McNea said.
