Three grassroots groups have filed a lawsuit against the Texas Secretary of State in a challenge to the recently passed Texas Proposition 2.
The lawsuit, brought forward by Texans Uniting for Reform and Freedom (TURF), Grassroots America - We the People, and True Texas Project (TTP), alleges that Proposition 2 failed to comply with common law requirements and asserts the ballot language used for Proposition 2 was “substantially misleading” due to the removal of the phrase “ad valorem tax increases.”
State law requires that a proposition placed on the ballot be described with “such definiteness and certainty that voters are not mislead.” The lawsuit is seeking the remedy of Governor Greg Abbott declaring the election on Proposition 2 void.
The item, which was passed by Texas voters on Election Day by a margin of 63-37 percent, allows counties to issue new debt to finance infrastructure and transportation projects in “blighted” areas of the counties. The debt would be financed through property tax increases passed down to local taxpayers in the individual counties issuing the debt. Several conservative groups opposed the item, including formal statements in opposition by the Republican Party of Texas and the House Freedom Caucus.
According to a press release issued by the entities in the lawsuit, a nearly identical proposition was defeated by Texas voters when it was placed on the ballot in 2011. That ballot proposition did include the term “ad valorem tax increases,” however, informing voters of how the debt would be paid back.
“The legislature intentionally chose to mislead voters in order to get it passed this time around,” said Terri Hall, founder and director of TURF in a statement. “Former House Transportation Committee Chair Joe Picket even stated as much when Prop 4 failed in 2011. He cited the phrase ‘ad valorem tax increases’ as the problem for voters. So instead of abiding by what the voters decided, they chose to deceive voters, keeping them in the dark as to the tax impact.”
The full lawsuit against the Texas Secretary of State can be read here.