Strumwasser & Woocher

Everything We Thought We Knew About the Two-Thirds Voter Requirement Could Change if New Ruling Holds

Fred Woocher is one of California’s premier elections attorneys.

Woocher said we were right to read a recent decision by the state Fourth District Court of Appeal to have massive implications statewide on the future of politics and public affairs. It effectively means that the long-held assumption that you need to get approval from two-thirds of voters to increase special taxes is wrong — at least if you put the increase on the ballot through a citizens’ initiative.

Woocher says it really is that big of a deal.

He also says the decision is terrible.

“I’m not a big fan of all these requirements for votes on taxes and super-majority thresholds, but I just think this decision is wrong and not going to last,” Woocher said Thursday.

Woocher said the judges could reconsider it, or the state Supreme Court could throw it out. Either way, he said, it’s a deeply flawed decision.

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