SACRAMENTO, Calif. —Within the next several months, the California Supreme Court will decide whether to strip a measure from the state's 2024 ballot that would make it harder for local and state governments to raise taxes.

The "Taxpayer Protection and Government Accountability Act" attempts to give voters more power in the process when state and local leaders raise taxes and fees. The measure requires voters to have final approval on future taxes and fees imposed by state and local governments and would also cancel new taxes and fees imposed starting in 2022 unless approved by voters within a year of the act going into effect.

The measure, which is backed by business and taxpayer advocacy groups, gathered enough signatures and became eligible for the 2024 ballot early last year. According to the Secretary of State's office, the measure gathered 1,075,585 valid signatures.

The state's highest court agreed to make the consideration after the governor and Democratic legislative leaders in September urged the court to immediately remove it from the ballot before voters have a chance to decide. They argued it could hamper state and local government's ability to pay for key services provided to taxpayers, from trash collection to public safety.

"As we said when the case was filed, this radical effort led by wealthy business interests impermissibly seeks to completely restructure our system of government in a way that will hobble the state’s ability to respond to future crises," said a spokesperson for Gov. Gavin Newsom's office. "We are pleased the Court decided to hear this important case."

"Over and over again, California taxpayers have made it abundantly clear they want control over their government and how much they are taxed," said Jon Coupal, a key supporter of the measure and President of the Howard Jarvis Taxpayers Association. "I think all of these attacks are reflective of one thing and one thing only, is that if the Taxpayer Protection Act is on the ballot, it will pass. It's extraordinarily popular."

The California Legislature is named as a primary petitioner in the case, even though all 120 lawmakers did not vote or agree to be part of the lawsuit. The Legislature does not have a formal process to determine when it gets involved in litigation. Its involvement in the lawsuit required Democratic legislative leaders to hire outside attorneys using taxpayer dollars. Legislative leaders could not say on Monday how much it would cost to pay the attorneys for this case.

The Office of the Senate Pro Tem told KCRA 3 it does not vote on litigation issues, that it isn't the practice, nor is it feasibly or legally required. It's an issue that has been raised by the Assembly's Republican Minority Leader, James Gallagher.

"They don't believe in democracy," Gallagher said. "They think that 'We are the Legislature.' Regardless of whether there's been a vote or actually if there's been representatives having the opportunity to weigh in on this, they are moving forward with this because they said so."

"We are glad to see that this unlawful effort to revise our state constitution will be heard by the Court," said Assembly Speaker Robert and Senate Pro Tem Toni Atkins in a joint statement. "As we said when we filed the petition, the amount of harm this measure could cause is vast and would hamper local government and our state's ability to function, no matter how urgent the need."

As the court decides whether to take the measure off the ballot, it wants to know two things: First, would the measure change the state constitution, which ballot initiatives are not allowed to do? And second, would it impair essential government functions?

"It's a fascinating case," said McGeorge School of Law Professor Chris Micheli. "It really does boil down to this question: What's the extent of the power of the people and what's the extent of the legislative power?"

Experts noted the court will likely hear arguments in March and make a decision by late June before ballot initiatives are expected to be finalized.

https://www.kcra.com/article/california-legislature-against-tax-raise-measure/46033282