Judge rules school tax cap question can stay on NH ballot

A Merrimack County Superior Court judge ruled Wednesday against an attempt to keep a school tax cap question off the state's Nov. 3 general election ballot.

Judge Dan St. Hilaire denied a request from two voters who sought a preliminary injunction to keep the question off the ballot, finding in part, "plaintiffs have not shown that they are likely to succeed on the merits of their claim."

Plaintiffs in the case had claimed that the question is confusing and misleading, but the judge said in his ruling that any confusion could be addressed "via appropriate publications, radio addresses, and public hearing commentary."

The question asks voters whether property taxes for their local school district should be capped, with adjustments allowed for inflation and new construction. Also, spending by the school administrative unit would be prohibited from exceeding 6 percent of total school district appropriations. Adoption would require a three-fifths majority vote.

The state question, approved by the N.H. Legislature and Gov. Kelly Ayotte, could have millions of dollars in impact to school budgets and property tax bills statewide.

The lawsuit noted that the question did not disclose the impact of property tax caps. New Hampshire’s system of funding public education relies mainly on property taxes.

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Opponents of the ballot question say this system, not school district overspending, is what causes the state to have some of the highest property tax rates in the country. They contend that the caps could reduce money available for classroom instruction, noting that some school costs rise faster than inflation.

Proponents of the caps say they would limit growth in property taxes and make sure local school districts are not overspending. They note that school spending is often decided in low-turnout local elections and that by putting this question on the general election ballot, more people will have an opportunity to weigh in.

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Rick Green can be reached at 603-352-1234, ext. 1435, or rgreen@keenesentinel.com.

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