Santa Clara County Local Transportation Authority v. Guardino

Opinion

MOSK, J.

A local agency proposed a sales tax to fund certain transportation projects, and the tax was approved by a majority but less than two-thirds *227of the electors voting on it. The agency filed this original proceeding in the Court of Appeal for a writ of mandate to validate the tax, contending the tax does not violate either (1) the requirement of a two-thirds voter approval imposed by Government Code section 53722, a provision of Proposition 62, a statutory initiative adopted at the 1986 General Election, or (2) the requirement of a two-thirds voter approval imposed by section 4 of…