Santa Clara County tax measure wins lawsuit, stays on ballot

Santa Clara County’s 11th hour sales tax measure is moving forward — but the fate of its public hospitals might come down to several words.

A judge has ordered county officials to strike President Donald Trump’s name from the ballot language as a reason for approving a five-eighths cent sales tax hike for the county hospital system. Superior Court Judge Carol Overton’s Friday ruling also requires other edits to language that taxpayer advocates challenged as misleading and biased.

For instance, county leaders agreed to revise a line originally framing the tax as “protecting” against unprecedented Trump administration funding cuts. It will now say the tax would “address” those cuts. The ballot language’s mention of Trump will be replaced with “the President.”

County leaders are lauding the ruling and argue the new ballot language will look “substantively identical” to the one approved by the Board of Supervisors.

“Let me put it this way — everyone knows who the President of the United States is and who the president is who signed the law that has cut almost a trillion dollars from Medicaid,” County Executive James Williams told San José Spotlight. “The fact that it says the president instead of President Trump — I don’t think anyone will be confused about what’s going on and why we’re in the situation we’re in.”

Yet over the last three days both sides have been splitting hairs over phrasing — in some cases over single words — balancing the need to explain the tax measure’s purpose with concerns about prejudicing voters.

“It sort of boggles the mind,” Overton said in court Wednesday. “I know there are very educated and diligent people in this county … but in our profession we wordsmith all the time. Is that the way most of the public sees things?”

Chris Robell is a co-plaintiff in the lawsuit who has sued to stop various tax and bond measures across the Bay Area. He said the revisions are a step in the right direction, but the language is still biased.

“The ballot question is argumentative and full of reasons to vote ‘Yes.’ What they’re putting on the question is too similar to what is on their argument in favor,” Robell told San José Spotlight. “I believe this thing should state very simply, ‘Shall the taxpayers of Santa Clara County adopt a .625% sales tax increase measure for general fund purposes?'”

Robell said he wouldn’t have as much of an issue with the measure, known as Measure A, if it was a special tax.

“It’s a general tax. Is health care really the nature of the measure?” Robell said. “They can and probably will spend the money on other things, such as unfunded pension liabilities and raises.”

County elections officials will implement the ordered changes and proceed with ballot printing, translation and proofreading.

“Since we have not yet gone to print on ballots, voter guides or related materials, there is no need to reprint as long as any court ordered changes are timely,” Michael Borja, spokesperson for the Santa Clara County Registrar of Voters, told San José Spotlight.

The county is looking at $1.5 billion in health care and social safety net program losses over the next few years after Congress passed H.R. 1, otherwise known as Trump’s “One Big Beautiful Bill.” Meanwhile, the costs of the county’s public hospital system – California’s second largest – continue to grow. County leaders have said this is not a loss they can budget through, and higher taxes alone won’t solve the issue.

But a lawsuit from leaders of the Silicon Valley Taxpayers Association and Libertarian Party said the county unlawfully placed the measure on the ballot. They argue the federal cuts don’t constitute an emergency allowing for a sales tax vote on a non-general election year.

Overton’s ruling disagreed — though all sides in court acknowledged a lack of legislative clarity in California on the definition of an “emergency.” 
Opponents say the measure reads as if the tax revenue is restricted to the county health care system. In reality, the proposed tax is a general tax which requires a lower approval threshold — a simple majority — and is easier to pass. It also gives the county more spending discretion. A special tax, which would restrict the spending of revenue, requires a higher approval threshold or a two-thirds supermajority.

Michael Elliott, executive director of nonprofit Valley Health Foundation, which was set up to fundraise and lobby for the county health care system, is chairing the campaign committee in support of the county ballot measure. He said the ruling doesn’t change Measure A’s objective.

“Trump supporters and defenders of the so-called ‘Big Beautiful Bill’ fought to remove Trump’s name from the ballot question because they know Santa Clara County voters reject the Trump agenda and strongly support public health,” Elliott said in a statement in reaction to the ruling. “We will not let the Big Beautiful Bill — or those who defend it — stand in the way of public health and the care our community relies on.”

Original story published Aug. 29 at 6:03 p.m.

Contact Brandon Pho at [email protected] or @brandonphooo on X.

Editor’s note: A past version of this story incorrectly said Chris Robell was a San Mateo County resident.