California Two-Thirds Vote Requirement for Special Taxes and Charter City Real Estate Transfer Tax Prohibition Initiative (2026)
| California Two-Thirds Vote Requirement for Special Taxes and Charter City Real Estate Transfer Tax Prohibition Initiative | |
|---|---|
| Election date |
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| Topic Ballot measure supermajority requirements |
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| Status Signatures submitted |
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| Type Initiated constitutional amendment |
Origin |
The California Two-Thirds Vote Requirement for Special Taxes and Charter City Real Estate Transfer Tax Prohibition Initiative (#25-0006A1) may appear on the ballot in California as an initiated constitutional amendment on November 3, 2026.
The initiative would require a two-thirds vote by the electorate to enact special local taxes through citizen initiatives. It would also prohibit cities from imposing real estate transfer taxes above the 0.11% cap set by Proposition 13 (1978).[1]
Measure design
- See also: Text of measure
Click on the following sections for summaries of the different provisions of the ballot measure.
Text of measure
Ballot title
The ballot title is as follows:[4]
| “ | Limits ability of voters to raise revenues for local government services. Initiative constitutional amendment.[5] | ” |
Petition summary
The summary provided for inclusion on signature petition sheets is as follows:[4]
| “ | Limits voters’ ability to pass voter-proposed local special taxes by raising the vote approval threshold requirement for such ballot measures from a simple majority (over 50%) to two-thirds. In charter cities, prohibits voters from approving real estate transfer taxes other than the existing 0.11% transfer tax authorized by Revenue and Taxation Code section 11911. Overturns all existing voter-approved property-related taxes, including real estate sales and transfer taxes, that do not comply with these requirements two years after the measure is enacted.[5] | ” |
Full text
The full text of the initiative can be read here.
Support
Protect Prop. 13 and Californians to Restore Local Taxpayers' Right to Vote on Taxes are leading the campaign in support of the initiative.[6][7]
Supporters
Organizations
- Apartment Association of Greater Los Angeles
- California Business Roundtable
- Howard Jarvis Taxpayers Association
- Reform California
Arguments
Opposition
Ballotpedia did not locate a campaign in opposition to the ballot measure.
Arguments
You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org.
Campaign finance
Protect Prop. 13 and Californians to Restore Local Taxpayers' Right to Vote on Taxes registered in support of the initiative. Together, the committees reported over $5.7 million in contributions.[8]
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $5,730,515.40 | $0.00 | $5,730,515.40 | $5,747,406.49 | $5,747,406.49 |
| Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
| Total | $5,730,515.40 | $0.00 | $0.00 | $5,747,406.49 | $5,747,406.49 |
Support
The following table includes contribution and expenditure totals for the committees in support of the ballot measure.[8]
| Committees in support of Two-Thirds Vote Requirement for Special Taxes and Charter City Real Estate Transfer Tax Prohibition Initiative | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Californians to Restore Local Taxpayers' Right to Vote on Taxes | $4,887,750.00 | $0.00 | $4,887,750.00 | $4,869,878.19 | $4,869,878.19 |
| Protect Prop. 13, A Project of the Howard Jarvis Taxpayers Association | $842,765.40 | $0.00 | $842,765.40 | $877,528.30 | $877,528.30 |
| Total | $5,730,515.40 | $0.00 | $5,730,515.40 | $5,747,406.49 | $5,747,406.49 |
Donors
The following table shows the top donors to the committees registered in support of the ballot measure.[8]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| California Business Roundtable Issues PAC | $3,525,000.00 | $0.00 | $3,525,000.00 |
| Douglas Emmett Properties, LP | $500,000.00 | $0.00 | $500,000.00 |
| Kilroy Realty, LP | $500,000.00 | $0.00 | $500,000.00 |
| Jerry A. Greenberg | $250,000.00 | $0.00 | $250,000.00 |
| California Business Roundtable Issues PAC | $25,000.00 | $0.00 | $25,000.00 |
| Issues PAC of Apartment Association of Greater Los Angeles | $10,000.00 | $0.00 | $10,000.00 |
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Background
California Proposition 218, Voter Approval Requirement for Local Tax Increases Initiative (1996)
- See also: California Proposition 218 (1996)
In 1996, California voters approved Proposition 218 by a vote of 56.5% to 43.5%. Proposition 218 required local governments to refer ordinances to impose taxes or property-related assessments, fees, and charges to the ballot for voter consideration. It also required that elections for general taxes be held at regulation elections and required a two-thirds supermajority vote of approval for special taxes.
Lawsuits regarding Proposition 218 vote requirements
An August 2017 California Supreme Court decision raised questions about how to interpret the constitutional voting requirements for special taxes proposed through citizen initiatives.
California voters approved Proposition 218 in 1996, adding Article XII C Voter Approval For Local Tax Levies to the California Constitution. The article includes the requirement that local governments may only enact, extend, or increase a special tax with a two-thirds (66.67%) vote of the electorate.[9][10] Following the passage of Proposition 218, the two-thirds supermajority vote requirement was applied to legislative referrals, referendums, and citizen initiatives.
In August 2017, however, the California Supreme Court ruled in California Cannabis Coalition v. City of Upland that one requirement contained in Article XIII C—that general taxes must be put on the ballot during general elections—did not apply to citizen initiatives. The court categorized taxes imposed by citizen initiatives as separate from taxes imposed by local governments. This ruling brought the two-thirds (66.67%) vote requirement into question for special taxes proposed through citizen initiatives.
City and county officials in San Francisco argued that the court's 2017 decision meant that a simple majority—not a two-thirds supermajority—was required for the approval of local citizen initiatives, including tax measures that designate funds for specific purposes. Based on those arguments, the city certified the measures as approved. The Howard Jarvis Taxpayers Association filed a lawsuit against the city and county in August 2018, stating that the Proposition C, a commercial rent tax for childcare initiative, did not receive sufficient votes because it needed a two-thirds supermajority vote.[11]
On January 27, 2021, the First District Court of Appeal ruled that the supermajority requirement did not apply to Proposition C and only applied to measures placed on the ballot by the city council, board of supervisors, or school board.[12]
California Proposition 13, Tax Limitations Initiative (June 1978)
In 1978, California voters approved Proposition 13 by a margin of 65% to 35%. The initiated constitutional amendment required local governments to refer special taxes to the ballot and required a two-thirds vote of electors. The amendment also:[13]
- required that properties be taxed at no more than 1% of their full cash value shown on the 1975-1976 assessment rolls;
- limited annual increases of assessed (taxable) value to the inflation rate or 2%, whichever was less;
- allowed properties to be reassessed at 1% of their sale price upon property transfer and reset the limit on annual increases of assessed value;
- prohibited the state legislature from enacting new taxes on the value or sale of properties;
- require a two-thirds vote of the state legislature to increase non-property taxes; and
- make the state government responsible for distributing property tax revenue among local governments.
Howard Jarvis, the founder of the Howard Jarvis Taxpayers Association, and Paul Gann, who developed the Gann Limit, were proponents of the initiative.[14][15]
California Two-Thirds Legislative Vote and Voter Approval for New or Increased Taxes Initiative (2024)
In 2024, the Howard Jarvis Taxpayers Association and California Business Roundtable qualified an initiative that would have amended the state constitution to define all state and local levies, charges, and fees as taxes and to require new state taxes proposed by the state legislature to be enacted via a two-thirds legislative vote and voter approval and new local taxes to be enacted via a two-thirds vote of the electorate.[16]
During the 2024 election cycle, the California State Legislature voted to refer a constitutional amendment (Assembly Constitutional Amendment 13) to the 2024 ballot, designed to require citizen-initiated constitutional amendments that propose a higher vote threshold for future state or local ballot measures to meet the same higher threshold to pass. For example, an initiative proposing a two-thirds vote requirement would need to be approved by two-thirds of voters.[17]
Jon Coupal, president of the Howard Jarvis Taxpayers Association, said, "[T]he real target of ACA 13 is the Taxpayer Protection and Government Accountability Act. If approved by voters in November 2024, TPA will restore the original intent of several voter-approved taxpayer protection initiatives, including Prop. 13, Prop. 218, and Prop. 26, all of which have been weakened by a tax-hungry legislature and a hostile judiciary."[18]
In June 2024, prior to the finalization of statewide ballots, the California Supreme Court unanimously ruled that the2024 initiative amounted to a revision of the state constitution and was therefore unconstitutional and could not go before voters in November.[19]
In July 2024, the state legislature passed Assembly Bill 440 to move ACA 13 from the November 5, 2024, ballot to the November 3, 2026, ballot.[20]
Path to the ballot
An initiated constitutional amendment is a citizen-initiated ballot measure that amends a state's constitution. Eighteen (18) states allow citizens to initiate constitutional amendments.
In California, the number of signatures required for an initiated constitutional amendment is equal to 8% of the votes cast in the last gubernatorial election. A simple majority vote is required for voter approval. The requirements to get initiated constitutional amendments certified for the 2026 ballot:
- Signatures: 874,641 valid signatures are required.
- Deadline: The deadline for signature verification is June 25, 2026. However, the secretary of state suggested deadlines for turning in signatures of January 12, 2026, for initiatives needing a full check of signatures and April 17, 2026, for initiatives needing a random sample of signatures verified.
Initiative #25-0004, #25-0005, and #25-0006
- May 12, 2025: The initiative was filed by Jon Coupal.[21]
- June 16, 2025: Two new versions of the initiative were filed by Jon Coupal.
- June 25, 2025: A third version of the initiative was filed.
- July 16, 2025: Versions #25-0004 and #25-0005 were cleared for signature gathering.[22]
- July 30, 2025: A new version of #25-0006 was filed.
- December 9, 2026: The secretary of state reported that the petition for #25-0006 had collected at least 25% of the signatures needed to qualify for the ballot.[4]
- January 12, 2026: The circulation deadline passed for initiatives #25-0004 and #25-0005. Each submitted raw signatures for verification.
- January 26, 2026: The secretary of state reported that initiatives #25-0004 and #25-0005 did not qualify for the ballot.
- February 25, 2026: The campaign reported submitting 1,346,614 signatures for veritification for Initiative #25-0006.[23][24]
See also
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External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 California Attorney General, "Full text #25-0006," accessed December 10, 2025
- ↑ Legislative Analyst's Office, "Local taxes," accessed March 4, 2026
- ↑ 3.0 3.1 California State Legislature, "Section 11911 of the California Revenue and Taxation Code," accessed March 4, 2026
- ↑ 4.0 4.1 4.2 California Secretary of State, "Initiatives and Referenda Cleared for Circulation," accessed January 24, 2025
- ↑ 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Howard Jarvis Taxpayers Association, "LOCAL TAXPAYER PROTECTION ACT TO $AVE PROP 13," accessed March 4, 2026
- ↑ California Secretary of State, "Official top funders," accessed March 4, 2026
- ↑ 8.0 8.1 8.2 Cal-Access, "Protect Prop 13," accessed February 2, 2026
- ↑ Article XII C of the California Constitution defines a special tax as “any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund.”
- ↑ California Legislative Information, “California Constitution, Article XIII C, Voter Approval For Local Tax Levies,” accessed December 8, 2021
- ↑ The San Francisco Chronicle, "Judge says SF correct in passing two tax measures on simple majority vote," July 5, 2019
- ↑ San Francisco Chronicle, "Calif. appeals court upholds S.F.'s commercial rent tax to pay for children's services," accessed February 11, 2021
- ↑ California Tax Data, "What is Proposition 13?" accessed December 21, 2017
- ↑ Time, "How California's Fiscal Woes Began: A Crisis 30 Years in the Making," July 1, 2009
- ↑ New York Times, "The California Ballot Measure That Inspired a Tax Revolt," October 16, 2016
- ↑ California Attorney General, "Initiative 21-0042," November 30, 2021
- ↑ California State Legislature, "ACA 13 Text," accessed August 21, 2023
- ↑ OC Register, "ACA 13 attacks both Proposition 13 and direct democracy in California," accessed January 11, 2024
- ↑ Cal Matters, "High court blocks anti-tax measure from California ballot," June 20, 2024
- ↑ California State Legislature, "Assembly Bill 440," accessed July 8, 2024
- ↑ California Attorney General, "Initiatives Pending Review," accessed November 26, 2024
- ↑ California Secretary of State, "Initiatives and Referenda Cleared for Circulation," accessed July 17, 2025
- ↑ X, "Susan Shelley post," accessed February 26, 2026
- ↑ California Secretary of State, "Random sample count," accessed March 10, 2026