In California, most elections are decided by simple majority, including those for governor, mayor and statewide referendum proposals. But the state Constitution requires a supermajority (two-thirds of the vote) to approve a local tax or bond to fund a specific program, such as building a water treatment plant or housing for homeless people, if that tax was placed on the ballot by a city council or other elected body.
That gives too much power to a minority of voters, who can block what a majority, or more, of their fellow voters support. It is undemocratic.
Proposition 5, which will be voted on Nov. 5, would bring California closer to majority rule by lowering the threshold for approving local bond measures to 55 percent instead of 66.7 percent. We believe this is a fairer way to make decisions about spending and taxes. The Times editorial board recommends a yes vote on this constitutional amendment. Fortunately, a supermajority is not needed to pass it.
Proposition 5 would apply to bond proposals placed on the ballot by a city, county, or special district to fund affordable housing or public infrastructure. The definition of The infrastructure is extensiveincluding projects addressing water quality, sea level rise, broadband expansion, street improvements, park facilities and natural disaster recovery. State lawmakers, who voted to put this on the ballot, also considered lowering the threshold for passing certain special taxes, but kept the amendment narrowly focused on local bond measures.
With local bonds, the public borrows money up front and pays off the debt over time with higher property taxes. That's why anti-tax and business groups are the main opponents of Proposition 5. They argue that ought It would be very difficult to raise local taxes.
Proposition 5's 55% requirement remains a high threshold that local governments must meet in order to sell bonds and raise taxes. In 2000, voters approved Proposition 39 lowering the supermajority requirement to 55% to pass school construction and renovation bonds. But it didn't make school bond passage a sure bet: In the March primary, Voters rejected 40% of school vouchers on their local ballots.
Still, 55% is a more realistic representation of public opinion than 66.7%. Requiring supermajority support to pass a bond measure gives disproportionate power to opponents to decide the appropriate level of taxes and spending. Why should one-third of voters have the right to set the priorities of an entire community?
Some cities have managed to meet the two-thirds threshold. Los Angeles voters approved a $1.2 billion homeless housing bond measure in 2016, and San Francisco voters backed a $300 million affordable housing bond in March. But the hurdle is often too high. Housing bonds failed in Berkeley in 2022 and in San Diego in 2020. In recent elections like many as 50% more The local bond issuance measures would have been approved if the threshold was 55% instead of 66.7%, according to the Legislative Analyst's office.
Many localities don’t even attempt to put bond measures on the ballot, knowing they are unlikely to achieve supermajority support. The result is a lack of investment in public facilities or community needs. Fire and police stations are not modernized. Water recycling plants are not expanded. There is little to no investment in affordable or senior housing. State and federal grants often require local governments to contribute or provide matching funds. Without a local revenue stream, these communities often go without grants.
Proposition 5 would require local governments to tell voters what projects would be funded by the bond measure. Local agencies would also have to appoint a citizen oversight committee to ensure the money is spent as promised, with annual financial and performance audits. These are common-sense requirements to maintain public trust. In fact, even if Proposition 5 passes and it becomes easier to pass local bond measures, public trust will still be essential to gaining 55% support from the electorate.
It's time for tax and spending decisions to reflect more of the will of the majority. Vote yes on Prop 5.
