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Proposition 5 is a California ballot proposition that was voted on as part of the 2024 California elections on November 5. It failed, with 55.0% of voters voting "no." [1] If passed, the proposition would have amended the California Constitution to reduce the supermajority requirement from two-thirds of the vote to 55% for local bond measures to fund affordable housing and some types of public infrastructure. [2]
Most city and county bonds require voter approval in California, needing the support of at least two-thirds of voters to pass. [3] This requirement was put in place by Proposition 13 which was passed in 1978 and reduced property taxes. [4]
In 2000, Proposition 39 reduced the supermajority to 55% to approve taxes for local school bonds. [4] According to the California Policy Center, a conservative think tank, since Proposition 39 was passed, voters in California have decided on almost 1,150 school bond measures and have approved 911 of them. [5]
Proposition 5 was placed on the ballot via legislative referral. [4] The legislation, called ACA 1, was authored by Cecilia Aguiar-Curry, Marc Berman, Matt Haney, Alex Lee, and Buffy Wicks. [6] It passed the California State Assembly on September 6, 2023 by 55 votes to 12, with 13 members not voting. [7] It passed the California State Senate on September 14, 2023 by 29 votes to 10, with one senator (Josh Newman) not voting. [7]
Proposition 5 would have allowed a city, county or special district in California to issue bonds with 55% voter approval, so long as the bonds were to fund affordable housing, permanent supportive housing, or public infrastructure. [7] The proposition would have gone into effect immediately if it had passed, meaning local bonds voted on at the November elections would only have needed 55% approval to pass. [8]
Politico suggested that a lower supermajority would mean more bond measures would pass, but also that more local governments would put them on the ballot to begin with. [2]
The proposition's ballot label was challenged by the Howard Jarvis Taxpayers Association who argued that it lacked important information that the proposition would reduce the supermajority rather than raising it. [9] [10] Sacramento County Superior Court judge Shelleyanne W. L. Chang agreed and ordered the state government to rewrite the label. [11] The Third District Court of Appeal reversed Chang's ruling, finding that the ballot label was "factually accurate" and would not mislead voters. [4]
Supporters of the proposition said that it gave local voters the power to address challenges facing their communities. [12] They suggested that Proposition 5 would make it easier for cities to fund their projects, such as affordable housing, safer streets initiatives, or additional fire stations. [8]
Supporters also argued that allowing just a third of voters to block measures is undemocratic. [3] [13]
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Those opposing the proposition argued that the proposition would make it easier for bond debt to increase, leading to higher property taxes. [12] It was also argued that Proposition 5 was an attempt by Democrats to dodge property tax restrictions under Proposition 13. [3]
They additionally highlighted that the proposition's wording, which they argued allowed a wide interpretation of what is an infrastructure project. [8]
Poll source | Date(s) administered | Sample size [note 2] | Margin of error | Yes | No | Undecided |
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Public Policy Institute of California | October 7–15, 2024 | 1137 (LV) | ± 3.7% | 48% | 50% | 3% |
Public Policy Institute of California | August 29–September 9, 2024 | 1071 (LV) | ± 3.7% | 49% | 50% | 1% |
The proposition failed, with 8,129,819 voters (55.0%) voting "no" and 6,640,122 voters (44.0%) voting "yes". [1] [18] The Associated Press projected that Proposition 5 had failed on 8 November. [19]