Proposition 43: Close the Two-Thirds Loophole
Oct 13, 2026 01:31PM ● By Josh Cook
Proposition 43 would restore the two-thirds voter threshold for every local special tax in California—no matter who puts it on the ballot.
Starting January 1, 2027, cities, counties, school districts, community colleges, and special districts could not impose, extend, or increase an earmarked tax without that supermajority. It would also bar new value-based property taxes except Proposition 13's 1 percent rate and voter-approved bonds. Taxes already passed by simple majority would stand.
California has two kinds of local taxes. A general tax goes into the general fund and needs only a majority. A special tax is earmarked for a specific purpose—schools, parks, fire protection, transit, or other programs—and traditionally requires two-thirds voter approval. That higher bar was intentional: voters should reach broad consensus before imposing a tax dedicated to a particular purpose.
Today, however, a special tax can be placed on the ballot through a citizen-initiative process, allowing it to pass with a simple majority. The purpose remains special, but the voting threshold can be reduced to 50 percent plus one. Public-employee unions and other organized interests have used this approach to advance earmarked taxes that otherwise would face the two-thirds requirement.
In San Francisco, for example, a district and teachers' union drafted a parcel tax and used individual residents as the formal proponents, allowing the measure to avoid the higher threshold. At a time when so many families are struggling to make ends meet, wouldn't it be better to be upfront with them and say, "We need two-thirds of you to do this," instead of finding some sneaky way to add some other tax on top of all the other taxes that have sneakily been added over the years?
At some point, those in government should consider what happens when you erode people's trust that the government is transparent, honest, upfront, and forthright. Special interests that drive these mechanisms to keep getting more money may find they run out of goodwill if voters always feel like they're being played at the ballot box.
Prop. 43 responds to a nonstop carousel of mechanisms that people in Sacramento have used for the last 20 years to do nothing but grow government faster than the population. If it passes, it will send a message to the people planning the next 22 ballot measures designed to fund the thing they love.













