Thursday, March 28, 2024
Hawai'i Free Press

Current Articles | Archives

Sunday, September 23, 2018
Say It’s a Tax!
By Tom Yamachika @ 5:00 AM :: 5209 Views :: Education K-12, Ethics, Taxes

Say It’s a Tax!

by Tom Yamachika, President, Tax Foundation Hawaii

The news recently mentioned a lawsuit that the City and County of Honolulu, now joined by the other three counties, has leveled against our state government regarding the HSTA-sponsored constitutional amendment.  The counties, obviously not overjoyed at the prospect of the State slapping a surcharge on their primary source of revenue, want the courts to void the ballot question. They list several reasons, including that the ballot question is misleading; that “investment property,” the subject of the new tax/surcharge, is hopelessly vague; and that Senate Bill 2922, which contains the amendment, was improperly adopted. 

We at the Foundation decided we couldn’t sit still while all of this was going on.  We sought to jump into the action with a “friend of the court” filing. Rather than dispersing our energies among all the arguments that the counties are making, we decided to weigh in on one issue only. 

The issue is this.  The ballot question that the voters will see is, “Shall the legislature be authorized to establish, as provided by law, a surcharge on investment real property to be used to support public education?”  This “surcharge” is going on top of the real property tax.  Yet the ballot question doesn’t say anything at all about tax.  Does that make the ballot question misleading or deceptive?  

We think it does. 

To make it clear, the Foundation is not taking a position on whether the public should vote “Yes” or “No.”  But we think the public should know that they are voting on a tax. 

As support, we found an Arkansas case from 1936.  That case, Walton v. McDonald, 192 Ark. 1155, 97 S.W.2d 81 (1936), involved a proposed law, which their ballot described as, “An Act to provide for the assistance of aged and/or blind persons and funds therefor, the administration and distribution of same, penalties for the violation of Act, and for other purposes.”  But it proposed a permanent 2% general sales tax to provide that assistance.  As here, there was no mention of “tax,” and the court was bothered enough to void the act even though the voters passed it.

Whatever you may think of Arkansas or Bill Clinton country, the Arkansas Supreme Court has a point.  We need people to know what they are voting on.  The court said:

The proposed ballot title fails to disclose the vital portion of this act, which is, not whether some provision shall be made for the aged and the blind, but how that provision is to be made. We do not hold that it is essential that the ballot title should have disclosed what the provisions for the aged and blind should be, or the amount thereof. But we do hold that the manner of making this provision is of the essence of the act. It is an essential fact which should be disclosed to the elector, and could have been done by the addition of only a few more words and without recitation of details. Every one knows the general operation of a sales tax. The undisclosed fact is that such a law will be put in operation. The ballot title does not, therefore, meet the test that it shall be free from any misleading tendency, whether of amplification or of omission, and we, therefore, hold it insufficient.

In other words, mentioning “tax” is necessary for voters to understand what is going to happen if they vote “Yes.”

Stay turned for further updates as this case makes its way through the court system.

Links

TEXT "follow HawaiiFreePress" to 40404

Register to Vote

2aHawaii

808 Silent Majority

Aloha Pregnancy Care Center

AntiPlanner

Antonio Gramsci Reading List

A Place for Women in Waipio

Ballotpedia Hawaii

Broken Trust

Build More Hawaiian Homes Working Group

Christian Homeschoolers of Hawaii

Cliff Slater's Second Opinion

DVids Hawaii

FIRE

Fix Oahu!

Frontline: The Fixers

Genetic Literacy Project

Grassroot Institute

Habele.org

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii ConCon Info

Hawaii Debt Clock

Hawaii Defense Foundation

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii Legal News

Hawaii Legal Short-Term Rental Alliance

Hawaii Matters

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

HIEC.Coop

HiFiCo

Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Moms for Liberty

Honolulu Navy League

Honolulu Traffic

House Minority Blog

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

July 4 in Hawaii

Kakaako Cares

Keep Hawaii's Heroes

Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

MentalIllnessPolicy.org

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

NAMI Hawaii

Natatorium.org

National Christian Foundation Hawaii

National Parents Org Hawaii

NFIB Hawaii News

No GMO Means No Aloha

Not Dead Yet, Hawaii

NRA-ILA Hawaii

Oahu Alternative Transport

Obookiah

OHA Lies

Opt Out Today

OurFutureHawaii.com

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Practical Policy Institute of Hawaii

Pritchett Cartoons

Pro-GMO Hawaii

P.U.E.O.

RailRipoff.com

Rental by Owner Awareness Assn

ReRoute the Rail

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

School Choice in Hawaii

SenatorFong.com

Sink the Jones Act

Statehood for Guam

Talking Tax

Tax Foundation of Hawaii

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

UCC Truths

US Tax Foundation Hawaii Info

VAREP Honolulu

Waagey.org

West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii

Yes2TMT