A new lawsuit seeks to keep a local school tax cap question off the November ballot, arguing its phrasing is confusing and misleading.
Gov. Kelly Ayotte signed legislation in July that requires the tax cap question to appear on the ballot in every city and town in the state, saying it would “protect local taxpayers.”
A Campton school board member and a Warner resident are challenging the law in a lawsuit filed Monday in Merrimack County Superior Court. They’ve asked for an emergency court hearing because the state will begin printing the November ballots shortly after the Sept. 8 state primary election.
The lawsuit argues the structure of the question, which was crafted and pushed by Republican lawmakers, is unconstitutional.
The question reads: “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.”
It goes on to say that the tax cap would apply only to district administrative costs and “not affect classroom instruction, school-based services, or other municipal expenditures.”
In their lawsuit, Kelly Wieser, of Campton, and David Bates, of Warner, say the ballot question does not make clear whether voters are being asked to limit school taxes, cap administrative costs, or both. And voters won’t have the chance to ask for clarity once they step into the voting booth, the lawsuit said.
Wieser and Bates also dispute the law's claims that a tax cap would not affect students' instruction and school services. They said that’s impossible to guarantee.
The bill passed both chambers of the New Hampshire Legislature without Democratic support earlier this year.
