DeMaio Files Brief with Supreme Court Defending CA Taxpayer Protection Initiative

Reform California and Carl DeMaio this week filed an Amicus Brief with the California Supreme Court arguing that Governor Gavin Newsom is illegally attempting to block a vote on the California Taxpayer Protection Initiative.  

DeMaio argues that any court ruling that deprives citizens of a right to vote on a duly-qualified initiative would violate citizens’ constitutional rights and destroy California’s initiative process.

“California citizens have the clear and simple right to place this powerful tax reform measure on the ballot because the state constitution gives them the right to impose initiatives on politicians using the citizens’ initiative process,” DeMaio explained.

“By seeking removal of a duly-qualified citizens initiative, Governor Gavin Newsom and state Democrat politicians are seeking to strip voters of their rights plain and simple,” DeMaio warned the court.

Governor Gavin Newsom is seeking an emergency injunction from the liberal-dominated court to prohibit voters from even voting on the California Taxpayer Protection Initiative in the November 2024 election – despite the fact that citizens collected the required 1 million signatures to force the issue onto the ballot.

Newsom laughably argues to the court that the CTPI contains so many powerful reforms and changes that it constitutes an unlawful “revision” to the state constitution – or makes too many changes to state government that it would require a constitutional convention to approve.  Newsom also laughably argues that limiting politicians’ ability to easily raise taxes would “impair essential government functions.”

In the brief he filed with the court, DeMaio systematically refutes Newsom’s arguments.

Pointing to Prop 13 in 1978, Prop 218 in 1988, and Prop 26 in 2010, DeMaio argues to the court that “In recent decades, numerous citizen initiatives have made changes similar in nature and reach to the state constitution and were not deemed to be revisions of the state constitution.”

DeMaio further argues that the CTPI “is not a ‘revision’ measure because it simply seeks to refine and clarify the requirements of existing state constitutional provisions related to taxation that were similarly imposed by previous citizen initiatives.”

In response to Newsom’s argument that politicians would run out of money if they can’t raise taxes, DeMaio offered this response in his brief:

“The reality is state and local governments in California have more than enough money to fulfill their duties for providing essential government functions. In fact, state and local government in California has gone far beyond ‘essential government functions’ to create unnecessary government programs for functions that should be private matters, not government obligations.”

DeMaio concludes with this warning: Newsom “claims to be concerned about harm to the integrity of the state constitution if the TPA Citizens’ Initiative passes…to the contrary, the only harm that can come to the state constitution is if the Court grants (his) Petition.”

The state Supreme Court is expected to rule before June 30, 2024 – the deadline for placing items on the November 2024 ballot.

To contribute to Reform California’s efforts to pass the California Taxpayer Protection Initiative, use the secure link below.