Riverside Resident Sues to Change 'Misleading' Measure Z Ballot Language
A resident argues the "City of Riverside Services Renewal Measure" title misleads voters about how the revenue can be spent.
Government
Riverside Resident Sues to Change 'Misleading' Measure Z Ballot Language
A resident argues the "City of Riverside Services Renewal Measure" title misleads voters about how the revenue can be spent.
3 min read
A Riverside resident filed a lawsuit challenging the wording of a June ballot measure that would increase and extend the city's Measure Z tax, arguing that the measure uses misleading language.
On March 13, resident Jason Hunter filed a petition for a writ of mandate asking a judge to order changes to both the ballot title and question for the measure, which the council voted to place on the ballot earlier this month.
Riverside voters first approved Measure Z in 2016, adopting a 1 percent local transactions sales tax set to expire in 2036 to fund key city services like fire, police and emergency responders.
The ballot measure to go before Riversiders on June 2 asks voters whether the city should increase Measure Z tax from 1 percent to 1.25 percent and extend the tax indefinitely beyond its original 2036 sunset date.
However, Hunter argues that the official ballot title, "City of Riverside Services Renewal Measure," violates state election laws that require ballot titles to be "true and impartial."
Measure Z is structured as a general tax – not a special tax – meaning the tax money goes into the city's general fund, and not a special fund for emergency services.
Hunter said because of this structure, much of Measure Z tax revenue has gone toward pension bonds and pay raises for city employees since 2016, and not toward emergency services as advertised.
"Much of Measure Z was not used to fund [emergency] services in the first place or any services at all," the lawsuit stated. "Moreover, it is misleading to list a variety of services that will be funded by the new tax when there is no guarantee that the tax will be used for that purpose or any other service."
Hunter suggested the title be changed to, "City of Riverside Sales Tax Extension and Increase."
"Very simple, because that's exactly what it is. It's not a service renewal measure... It's a tax extension and a tax increase," he told the Gazette.
The lawsuit also targets the full question on the ballot, which says the tax is needed to "continue maintaining general local city services such as 911, fire, police response; preparing for wildfires; recruiting/retaining well-trained firefighters/paramedics; preventing crime; keeping public areas safe/clean; addressing homelessness; repairing potholes/roads…"
Hunter claimed the question also violates election codes requiring a "true and impartial" synopsis, because it implies the listed services will end without the approval of the measure, and because there is still no guarantee that the additional Measure Z revenue will be spent on those services.
"I'd like it to say that it could be spent on anything legally that a city can spend money on, because that's exactly what it will be used for," Hunter said. "This whole thing that it's going to…address homelessness and prevent crime, prevent wildfires... that's just there to sell people. That's just advertising. Not one penny has to go to any of those things that are in that summary."
A city spokesperson said the ballot language is consistent with the language used in past ballot measures and was analyzed for impartiality by the city attorney's office.
"The ballot measure language is designed to educate the voters on what will be before them on the June 2 ballot," the spokesperson said in a statement to the Gazette. "It is consistent with language used in past ballot measures, none of which have been found in error by the Fair Political Practices Commission. The city attorney's office drafted the impartial analysis for the ballot measure."
Measure Z currently generates more than $80 million per year – nearly twice its initial projections. However, current Measure Z funds are already fully committed through 2028. According to the ballot measure, the proposed increase would increase Measure Z revenue to $106 million annually.
The lawsuit asked a judge to issue an order to change the measure's language by April so that the Registrar of Voters has enough time to make the changes before the June 2 election.
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