A San Diego judge ruled Thursday that portions of the ballot materials for Measure A, a proposed tax on second homes, are misleading and require changes before the June ballot. The decision followed a legal challenge from former San Diego City Councilmember Scott Sherman.
Ballot Language Amended
Judge Blaine Bowman agreed with Sherman’s arguments that the ballot question, description, and analysis contained inaccuracies. Specifically, the judge ordered that the measure’s title be changed from “Empty Homes Tax” to “City of San Diego Non-Primary Homes Tax.”
Further changes mandated by the court include replacing the word “empty” with “non-primary” throughout the ballot summary, and analysis. The judge also narrowed the language regarding the employ of potential tax revenue, removing the phrase “like housing and infrastructure.” The city submitted the revised ballot language on Friday.
Councilmember Sean Elo-Rivera, who authored the proposal, characterized the changes as “technical,” but maintained that Measure A remains necessary to address the housing crisis. He stated that the measure would require corporations and investors to either put homes on the market or pay a tax.
Shane Harris, a spokesperson for the No on Measure A campaign, welcomed the ruling as a victory for transparency and voters’ rights to clear information.
The updated ballot question now reads: “Shall a measure to preserve homes for San Diego residents, by taxing non-primary homes (residential properties vacant more than 182 days per year), excluding owner-occupied primary residences and long-term rentals, at $8,000 in 2027 and $10,000 in subsequent years with annual inflation adjustments, with higher rates for corporate owned properties, generating up to $24 million annually for city services, with annual independent audits, until ended by voters, be adopted?”
Frequently Asked Questions
What prompted the legal challenge to Measure A?
Former San Diego City Councilmember Scott Sherman argued that the ballot materials contained “false and/or misleading statements.”
What specific changes were ordered by the judge?
The judge ordered the title changed to “City of San Diego Non-Primary Homes Tax,” the replacement of “empty” with “non-primary” in the summary and analysis, and the removal of the phrase “like housing and infrastructure” from the description of revenue use.
What is the potential revenue from Measure A?
The measure could generate up to $24 million annually for city services.
As San Diego voters prepare to consider Measure A, the outcome of the June election remains uncertain. The revised ballot language may influence voter perceptions, and the debate over the tax’s potential impact on housing availability and city revenue is likely to continue.
Related reading
