Santa Clara County Sued Over Sales Tax

In placing the recent five-eighths of a cent sales tax on the ballot, Santa Clara County supervisors evoked an emergency declaration that allowed them to circumvent certain noticing requirements. If an emergency had not been declared, the tax would have had to be on a regular ballot, such as the November 2026 ballot, instead of being allowed on the special ballot for a new county assessor.

A group of four residents, some of whom are affiliated with the Libertarian Party of Silicon Valley, are suing, claiming there was no clear emergency. Their argument is essentially that the budget cuts the county faces are part of a normal legislative process, albeit at the federal level, and are something the county should or could plan for during the budget process. Beyond that, they mention a true emergency would also have seen corresponding action from the governor or other counties also declaring a similar emergency.

A response to the filing is anticipated before the Nov. 4 election.

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Source: San Jose Spotlight

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