Parts of the ballot language backing a tax on second homes in San Diego are misleading and must be amended, a judge ruled Thursday.
The order stems from a legal challenge filed by former San Diego City Councilmember Scott Sherman, who argued that the title, description and analysis submitted by the city of San Diego about Measure A for inclusion on the June ballot contain “false and/or misleading statements, all of which should be stricken.”
San Diego Superior Court Judge Blaine Bowman agreed with some of those arguments, particularly the measure’s description and title of the proposed Empty Homes Tax, which is now to be called the City of San Diego Non-Primary Homes Tax on the ballot.
The court ordered other changes. Throughout the summary and analysis of the proposed ordinance that will be printed on the ballot, “non-primary” must replace the word “empty.” Second, the judge said the language of the question must be modified in a way that also reflects this update — leaving out empty and using “non-primary” instead. The ballot question’s language was also narrowed by the judge, who ordered the that the phrase “like housing and infrastructure” be trimmed from a description of where the tax revenue could be used.
For this measure to be included on June’s ballot, the city must make these edits and resubmit the ballot by the end of Friday.
“The judge’s decision to use a different word for the extra homes kept out of reach from San Diego families is a technical decision,” said Councilmember Sean Elo-Rivera, who authored the proposal that evolved into this ballot measure. “The fact remains that Measure A is needed to make more homes available for hardworking San Diegans. In a housing crisis, corporations and wealthy investors that hoard homes must choose: put them on the market or pay a tax to offset the impact of keeping them out of reach. Now it is up to the voters to decide.”
Shane Harris, the spokesperson for the No on Measure A Campaign, called the ruling a win for transparency and for voters.
“No matter where you stand on this measure, voters deserve clear, honest, and unbiased information when making their decision,” Harris wrote in a statement.
This is the updated ballot question for Measure A:
“Shall a measure to preserve homes for San Diego residents, by taxing non-primary homes (residential properties vacant more than 182 days per year), excludingowner-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?”