California's Proposition 43: How the 2026 Ballot Measure Would Reshape Local Tax Rules
Proposition 43 asks California voters to decide whether citizen-initiated local special taxes should require a two-thirds supermajority to pass, closing a 2017 legal loophole.
By Tiago Sousa
- Taxpayer Protection Advocates
- Argues that all special taxes should require a broad consensus to protect residents from excessive financial burdens.
- Local Service Advocates
- Argues that supermajority requirements allow a small minority to block essential public investments.
- Neutral Legal & Policy Analysts
- Focuses on the mechanics of the law, the history of the compromise, and the structural impact on municipal finance.
California's Proposition 43, on the November 2026 ballot, asks voters to decide how hard it should be to raise local taxes for specific services. If passed, it will require a two-thirds supermajority—rather than a simple 50-percent-plus-one majority—to approve any citizen-initiated local "special tax."[1][7]
A special tax is money legally earmarked for a specific purpose, like funding a new library, expanding public transit, or building affordable housing. Currently, if a city council proposes one of these taxes, it needs a two-thirds vote. But if citizens put it on the ballot via a signature drive, it only needs a simple majority.[3][4]
Proposition 43 would close that gap, applying the two-thirds rule across the board starting January 1, 2027. For voters, the measure is a fundamental question of civic mechanics: should a dedicated tax require broad consensus to protect property owners, or should a simple majority be able to fund the services they want?[5][6]
The mechanism behind the measure traces back to California's long-running debate over property and taxation. In 1978 and 1996, voters passed Propositions 13 and 218, which established the two-thirds threshold for local governments trying to pass special taxes.[1][3]
For decades, that supermajority rule applied to everything. But in 2017, the California Supreme Court ruled in California Cannabis Coalition v. City of Upland that the two-thirds requirement only applied to taxes proposed by local governments, not those proposed by citizens through the initiative process.[1][5]
That ruling created a dual-track system. If a mayor and city council wanted to fund a new fire station, they needed 67 percent of voters to agree. If a community group gathered enough signatures to put the exact same funding measure on the ballot, they only needed 51 percent.[3][5]
Since that 2017 decision, citizen-initiated tax measures have become a primary tool for funding local infrastructure. Transit advocates, housing groups, and public sector unions have successfully used the simple-majority threshold to pass funding packages that would have failed under the stricter two-thirds rule.[4]
Since that 2017 decision, citizen-initiated tax measures have become a primary tool for funding local infrastructure.
Business groups and taxpayer advocates viewed this as a loophole that undermined the state's historic tax protections. In response, the Howard Jarvis Taxpayers Association and the California Business Roundtable drafted a sweeping ballot measure for 2026 that would have not only required a two-thirds vote for citizen initiatives but also retroactively canceled taxes passed since 2022.[3][4]
That sweeping measure triggered a high-stakes legislative standoff. In June 2026, just hours before the deadline to finalize the November ballot, state lawmakers and the business coalition reached a compromise.[3][5]
The business groups agreed to pull their retroactive measure. In exchange, the Democratic-led legislature passed Assembly Constitutional Amendment 22 (ACA 22), which placed Proposition 43 on the ballot.[1][3]
Because it is a compromise, Proposition 43 is strictly prospective. It does not invalidate any taxes approved before January 1, 2027. If a city recently passed a transit tax with 55 percent of the vote, that funding remains secure.[5]
The debate now centers on the balance of power in local elections. Proponents argue that special taxes are a unique burden on residents and businesses, and therefore should require a broad consensus. They maintain that the 2017 court ruling subverted the clear intent of California voters to keep taxes in check.[3]
Opponents, including the California Democratic Party and various civic organizations, argue that a two-thirds threshold is fundamentally undemocratic, allowing a 34 percent minority to veto public investments that a clear majority of residents want.[3][4]
Polling indicates a divided electorate. An August 2026 survey by the Public Policy Institute of California found that voters are sharply split along partisan lines regarding local tax limitations, reflecting broader tensions over the cost of living and the quality of public services.[2]
For local governments and civic groups, the stakes are immediate. If Proposition 43 passes, the era of using citizen initiatives to bypass the supermajority requirement will end. Cities and advocates are already evaluating their future revenue plans, knowing that any new dedicated funding will require a much broader coalition of support.[4][5]
What to know
- Proposition 43 would require a two-thirds supermajority vote to pass any citizen-initiated local special tax in California.
- The measure aims to close a 2017 legal loophole that allowed citizen-proposed special taxes to pass with a simple majority.
- It was placed on the ballot as a legislative compromise to prevent a more sweeping, retroactive tax limitation measure.
- If passed, the new rules will take effect on January 1, 2027, and will not invalidate previously approved taxes.
- Supporters argue it protects taxpayers, while opponents say it allows a small minority to block essential public services.
Key terms
- Special Tax
- A tax whose revenues are legally earmarked for a specific, designated purpose rather than going into a government's general fund.
- Citizen Initiative
- A process that allows residents to bypass their local elected officials and place a proposed law or tax directly on the ballot by collecting a required number of signatures.
- Supermajority
- A requirement that a proposal receive more than a simple majority (50 percent plus one) to pass; in this case, a two-thirds (66.67 percent) vote.
- General Tax
- A tax whose revenues are placed into a general fund to be used for any legitimate government purpose, which typically only requires a simple majority vote.
Sources
[1]BallotpediaNeutral Legal & Policy AnalystsCalifornia 2026 ballot measures
Read on Ballotpedia →
[2]Public Policy Institute of CaliforniaNeutral Legal & Policy AnalystsCalifornians and the 2026 Ballot Measures
Read on Public Policy Institute of California →
[3]San Diego Voice & ViewpointTaxpayer Protection AdvocatesProp 43 Would Make It Harder to Pass Local Special Taxes
Read on San Diego Voice & Viewpoint →
[4]Seamless Bay AreaLocal Service AdvocatesProp 43 will make it harder to fund transit
Read on Seamless Bay Area →
[5]Aleshire & Wynder, LLPNeutral Legal & Policy AnalystsCalifornia Proposition 43 (ACA 22)
Read on Aleshire & Wynder, LLP →
[6]MultiStateTaxpayer Protection Advocates2026 Ballot Measures
Read on MultiState →
[7]KCRA 3Neutral Legal & Policy AnalystsCalifornia voters will decide in November whether to approve Proposition 43
Read on KCRA 3 →
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