San Diego Measure A Ballot Materials Deemed Misleading

A judge ruled last week that certain portions of the ballot materials related to Measure A, which will be on the June 2 ballot, are misleading and require revisions. The decision stems from a legal challenge brought forth by former San Diego City Councilman Scott Sherman.

Legal Challenge and Key Arguments

Sherman argued that voters were being presented with inaccurate information regarding the effects of Measure A. If approved, the measure would impose a tax on homes unoccupied for more than half the year. He specifically contested the ballot question, ballot argument, and official impartial analysis.

Concerns Over Descriptor and Revenue Allocation

Sherman claimed the materials falsely suggested guaranteed outcomes, such as increased housing availability and millions in revenue for affordable housing and homelessness prevention. Superior Court Judge Blaine Bowman largely agreed with these arguments, focusing particularly on the measure’s label as the “Empty Homes Tax.”

Judge Bowman stated the term “empty” could mislead voters into thinking of dilapidated, abandoned buildings, and suggested using “Non-Primary” instead. He also found that the materials implied revenue would be dedicated to specific projects when, in reality, it would go into the city’s General Fund without restrictions.

Impact on Voters and Campaign Response

The judge declined to order changes to the measure’s ballot argument, citing free speech protections. Shane Harris, spokesperson for the No on Measure A campaign, released a statement following the ruling:

“This is a win for transparency and for the voters of San Diego. No matter where you stand on this measure, voters deserve clear, honest, and unbiased information when making their decision.”

Resident Concerns Highlighted

“Plenty of retirees like me have second homes to be near doctors, family, grandchildren,” one resident stated. “A $10,000 annual tax on top of the property taxes I already pay would be an insurmountable burden.”