Acalanes School Tax Measure Must Be Changed, Judge Orders

LAMORINDA, CA — A judge this week ordered the Contra Costa County registrar of voters and Acalanes Union High School District to alter the title, analysis and ballot question language of a proposed parcel tax going before voters in a May 6 mail-in special election.

Measure T asks voters in the Lafayette-based district to increase parcel taxes to help fund advanced academic courses, attract and retain highly qualified teachers, prepare students for college and careers, and maintain manageable class sizes. The measure needs two-thirds approval to pass.

The Acalanes school board approved a special election for the measure at its Jan. 27 meeting.

A complaint was filed by Marc Joffe, president of the Contra Costa Taxpayers Association, and Adrian Malagon, chair of the California Libertarian Party. Both are registered voters within the Acalanes district.

The Contra Costa Taxpayers Association has come out against the ballot measure, mostly because of the decision to call what it said is a "costly" special election instead of waiting until the next general election. Joffe wrote the opposition ballot argument.

The complaint named Contra Costa County Clerk-Recorder and Registrar of Voters Kristin Connelly and Contra Costa County Counsel Thomas Geiger as respondents.

Joffe said Thursday in a statement the ballot materials were deceptive.

"The impartial analysis gave the false impression that Measure T would raise district parcel taxes from $112 to $130, when, in fact, they will increase from a current total of $301 to $431, followed by annual inflation increases," Joffe said. "The ballot question tried to confuse voters by calling these inflationary increases 'adjustments.'"

Contra Costa County Superior Court Judge Edward Weil said in his order that the plaintiffs sought 10 specific changes to the language of the ballot measure, two of which he granted outright. He ordered minor changes to two others and outright denied six others.

The plaintiffs also wanted six changes to the analysis of the ballot measure written by Geiger. Weil granted three and denied three.

One of the changes Weil granted was to ask the respondents to amend "The district currently levies an annual parcel tax of $112 a year on each parcel of taxable real property within the district."

Weil ordered the respondents to either change $112 to $301 or delete the entire sentence, which they did.

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