Lawsuit filed to block ballot question on school property tax spending caps

A lawsuit was filed Monday that seeks to prohibit the state from asking voters in the next two general elections whether they want to cap the amount their local school district can raise through property taxes.

The suit filed in Merrimack County Superior Court on behalf of two voters alleges the lengthy ballot question, which was approved by the N.H. Legislature and Gov. Kelly Ayotte, is unconstitutionally confusing and misleading, in part because it doesn’t tell voters the practical consequences of voting yes or no.

“The options for budget cuts would be limited, such as cutting staff positions, increasing class size, reducing course offerings, reducing co-curricular activities, limiting purchases of equipment and supplies, and deferring building repairs,” the lawsuit states.

The lawsuit asks for an emergency preliminary injunction to stop the Nov. 3 ballot from containing the question. It notes that the general election ballots will likely be printed shortly after the results of the Sept. 8 primary are confirmed.

The lawsuit contends the wording of the question is complex and likely to confuse voters.

The question that is to appear on the ballot reads:

“Shall the [name of municipality] limit property tax growth for [name(s) of school district(s)] under RSA 32:5-i? If adopted for a two-year period: (1) the local property tax levy may not grow beyond the prior year’s amount, adjusted for inflation and new construction; (2) SAU central office spending may not exceed 6 percent of total school district appropriations; and (3) bonded capital costs are excluded from both limits. These caps apply only to administrative operations of the SAU central office and do not affect classroom instruction, school-based services, or other municipal expenditures. These limits may be overridden as provided in RSA 32:5-i. Adoption requires a three-fifths (3/5) majority vote.”

In an earlier Sentinel story, Deb Howes, president of the American Federation of Teachers-NH, pinpointed the third to last sentence as particularly problematic.

“We feel it’s really misleading,” she said in an interview Wednesday. “The question that you have to put on the ballot makes it sound like if you limit your property taxes, it’s not going to limit what students get in the classroom.

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“There’s just no way that’s going to happen. If you limit your property taxes going to the schools, there’s no way you’re going to cut enough just in administrative overhead that it’s not going to affect elective offerings, or after-school programs, or the number of paraprofessionals you have to have for kids who are struggling, or the number of teachers you have.”

State Sen. Dan Innis, R-Bradford, a co-sponsor of House Bill 1300, contacted for the same article, said the sentence beginning, “These caps apply only to administrative operations …,” did not pertain to the entire ballot question but only to the part concerning school administrative unit central offices.

But he wasn’t 100% sure.

Many Republicans in the Legislature who back the ballot question lay the problem of high property taxes on what they contend is overly high public school spending decided on the local level.

Democrats generally contend that a system of public school funding that relies too heavily on property taxes is the cause of the problem, not over-spending.

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

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