Lawsuit Challenges School Tax Cap Ballot Question in New Hampshire

The case argues that the language approved by the N.H. Legislature and Gov. Kelly Ayotte is too long and confusing to be fair to voters.

A Merrimack County Superior Court lawsuit filed Monday is aiming to stop state election officials from placing a school property tax spending-cap question on the next two general election ballots.

The case was brought on behalf of two voters and argues that the language approved by the N.H. Legislature and Gov. Kelly Ayotte is too long and confusing to be fair to voters. The filing says the ballot wording fails to explain what would happen in practice if voters support or reject the proposal.

The lawsuit seeks an emergency preliminary injunction to keep the question off the Nov. 3 ballot. It also points out that general election ballots are expected to be printed soon after the Sept. 8 primary results are certified.

At the center of the dispute is a proposed question that would ask whether a municipality should limit property tax growth for local school districts under RSA 32:5-i. The ballot language says that, if approved for two years, levy growth could not rise above the prior year’s amount except for inflation and new construction, SAU central office costs would be capped at 6 percent of total district appropriations, and bonded capital costs would be left out of both limits. It also says the cap would affect only administrative operations at the SAU central office, would not touch classroom instruction or school-based services, and could be overridden under RSA 32:5-i with a three-fifths majority.

The complaint says that wording is likely to mislead voters because it is dense and does not plainly describe the effects of a yes or no vote. It also argues that people are not being told what kinds of spending cuts might follow, including staffing reductions, larger class sizes, fewer course choices, trimmed co-curricular activities, lower equipment and supply purchases, and postponed building repairs.

Deb Howes, president of the American Federation of Teachers-NH, previously told The Sentinel that the section describing school-related limits was especially troubling. She said the measure gives the impression that schools could avoid classroom harm while restraining property taxes, which she said is not realistic because major cuts would still affect electives, after-school programs, support staff and teachers.

State Sen. Dan Innis, R-Bradford, one of the sponsors of House Bill 1300, said in the same earlier report that the disputed language was intended to apply only to the school administrative unit central office portion of the measure, though he said he was not completely certain.

Supporters in the Republican-led Legislature have linked high property taxes to what they describe as excessive local school spending. Democrats, by contrast, say the deeper problem is the state’s dependence on property taxes to finance public education.