CaliforniaPeople.org

Proposition

42Bans new state taxes on owning personal property (stocks, accounts, etc.) and certain retroactive taxes

Our readToss-up: a permanent call

Bans state wealth taxes in the Constitution for good. Backed by $128M, mostly from billionaires, plus Newsom and building trades.

MarkdownUse with AI agents
Type
Initiative constitutional amendment
Sponsor
Opponents of Prop 40 (Building a Better California coalition)
Campaign money
$128M yes$22.7M no
Your pick

Key findings

  • $128.0M for Yes, one of the biggest Yes campaigns on the ballot (more than Prop 3's $74.8M or Prop 38's $71.3M), through one committee backed by Building a Better California (Brin $102M across its measures). [1][2]
  • Its Yes committee is named "Protect Retirement & Life Savings" [1], but Prop 40 already generally excludes pensions and retirement accounts [3]. The people who benefit most from a permanent wealth-tax ban are those whose wealth sits in unrealized gains.
  • It's permanent: it would take another statewide vote to ever allow a wealth tax in California. Wealth taxes have mostly disappeared abroad (12 OECD countries in 1990, 4 in 2017, and 3 in 2025 per the Tax Foundation). [4]
  • Unlike most billionaire-backed measures, it has backing from Gov. Newsom plus police and fire unions [5] and the State Building Trades [6].

Track record

Question Today in California
Does the state tax owning stocks or accounts? No. It taxes only the income from them. [7]
Existing personal-property taxes Vehicle license fee and business-equipment property tax. Not repealed by Prop 42, which applies only to new taxes. [7]
Retroactive taxes Prop 42 limits when they're allowed (LAO's example of a retroactive tax: "a tax on money someone earned two years ago"). [7]
Wealth taxes abroad 12 OECD countries in 1990 → 4 in 2017 → 3 in 2025 (Spain, Norway, Switzerland, per the Tax Foundation), raising 0.6–4.3% of their tax revenue. [4]

Money and conflicts

  • Yes $128.0M. No $22.7M ($21.2M from SEIU-UHW's Prop 40 committee), through Oct 22, 2026. [1]
  • Supporters: Building a Better California, Sergey Brin, Reform California, Peace Officers Research Association, California Professional Firefighters, State Building Trades [6], Gov. Newsom [5].
  • The public-safety and construction unions are a notable crossover, since their members aren't the ones being taxed. I didn't find a public explanation of their reasons.

Does it solve a lasting problem?

  • It settles a policy question permanently in the Constitution instead of leaving it to future voters. Whether that's good depends on whether you want a wealth tax off the table for good. Its near-term purpose is to defeat Prop 40.

If you vote yes: accountability

Bottom line: Prop 42 is a ban, so there's no new money to follow. What to watch is how courts read "personal property" and "retroactive," and whether the ban spills over onto taxes it wasn't aimed at. [7]

Who's accountable

  • The courts will define the edges of the ban. Expect lawsuits over any new state tax enacted after Jan 1, 2026. [6]
  • The Legislature and the Franchise Tax Board would have to fit future tax laws within it.

What to watch

  • Any state tax bill that's challenged or dropped because of Prop 42.
  • Lost revenue: the LAO says the effect on future revenue is unclear in size and timing, so watch for budget estimates. [7]

Public records to request (CPRA)

Anyone can file a California Public Records Act request (the state's version of FOIA), with no reason required. Agencies must respond within 10 days, or 24 in unusual cases. [8] The Legislature isn't covered by the Public Records Act. Its records fall under a separate law, the Legislative Open Records Act.

What it does
  • Bans new state taxes on simply owning personal property (anything but real estate). [7]
  • Limits retroactive taxes. [7]
  • Voids conflicting taxes enacted after Jan 1, 2026, which includes Prop 40 if Prop 42 gets more votes. [6]
  • Fiscal effect: could reduce future tax revenues; when and by how much is unclear. [7]
Both sides
  • For: no taxes on unrealized gains or merely owning savings; no retroactive taxes. SD Union-Tribune, OC Register. [6]
  • Against: written to protect billionaires, framed around retirees who aren't at risk. SEIU-UHW, CA Democratic Party, Sacramento Bee, SF Chronicle. [6]

Sources 8

3 official2 reporting1 reference2 other
  1. ^ a b c SoS, contribution totals (through Oct 22, 2026) Secretary of State Official
  2. ^ Ballotpedia News (Oct 26, 2026) Ballotpedia News Reference
  3. ^ LAO Prop 40 (retirement exclusion) Legislative Analyst Official
  4. ^ a b Euronews on wealth taxes (Sept 29, 2025) euronews.com Other
  5. ^ a b CalMatters, Newsom positions (Oct 9, 2026) CalMatters Reporting
  6. ^ a b c d e f CalMatters guide CalMatters Reporting
  7. ^ a b c d e f g h LAO Legislative Analyst Official
  8. ^ First Amendment Coalition, CPRA deadlines firstamendmentcoalition.org Other