California Proposition 218 (1996)

Proposition 218 was an adopted initiative constitutional amendment in the state of California on the November 5, 1996 statewide election ballot. Proposition 218 revolutionized local and regional government finance in California. Called the “Right to Vote on Taxes Act,” Proposition 218 was sponsored by the Howard Jarvis Taxpayers Association as a constitutional follow-up to the historic Proposition 13 property tax revolt initiative constitutional amendment approved by California voters on June 6, 1978. Proposition 218 was drafted and masterminded by constitutional attorneys Jonathan Coupal and Jack Cohen.

Proposition 218 amended the California Constitution by adding Article XIII C and Article XIII D. Article XIII C relates to voter approval requirements for local government taxes. This includes a major provision relating to use of the local initiative power by voters to reduce or repeal any local government tax, assessment, fee or charge. Article XIII D relates to assessment and property-related fee reforms applicable to local governments. This includes numerous requirements for special assessments on real property as well as numerous requirements for property-related fees and charges such as utility fees and charges imposed by local governments.

Proposition 218 was the first successful initiative constitutional amendment in California history to add more than one article to the California Constitution. Proposition 218 was also the first successful initiative constitutional amendment in California history to alter the scope of the constitutional initiative power. Proposition 218 has been part of the California Constitution for 20 years, 4 months, and 22 days.

Proposition 218 had an official legal title used primarily for official election purposes and an initiative text title generally used for all other reference purposes.

The official legal title prepared by the California Attorney General was: “Voter Approval for Local Government Taxes. Limitations on Fees, Assessments, and Charges. Initiative Constitutional Amendment.” The official legal title appeared on the petitions signed by voters to qualify Proposition 218 for the ballot, in the statewide ballot pamphlet sent to voters, on the official ballot used by California voters to cast their votes, and in reporting the official election results.

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