A judge ruled Thursday that portions of the ballot materials for an upcoming San Diego ballot measure are misleading and should be changed.
Measure A, which will impose a tax on homes that are unoccupied for more than half the year, faced a challenge from former San Diego City Councilman Scott Sherman, who alleged that voters were being presented with inaccurate information regarding its effects.
Sherman claimed that the ballot question, argument and official impartial analysis connected to the measure falsely suggest it will confer certain guaranteed results such as increased housing availability and millions in annual revenue that will go toward affordable housing, homelessness prevention and other city services.
Superior Court Judge Blaine Bowman agreed with many of those arguments, particularly the measure’s descriptor as the “Empty Homes Tax.” Bowman said Thursday that the word “empty” would be misleading to voters, who he said were likely to envision dilapidated, abandoned buildings. He suggested the term “non-primary” should be used instead.
The judge also agreed with Sherman’s contentions that the ballot materials suggest revenue will go toward housing and infrastructure projects, when revenue will go into the General Fund.
Bowman declined, though, to order requested changes to the measure’s ballot argument because he said the statements contained in that document are protected free speech.
The City Council voted 8-1 this month to place the measure on the June 2 ballot.
Officials from the city did not respond to a request for comment on the decision.
Shane Harris, spokesperson for the No on Measure A campaign, said in a statement. “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.”
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