Friday, Sep. 19, 1969
A Boost for Bonds
Though the need for new school construction has been growing, it has become increasingly difficult to get school-bond issues past a reluctant electorate.
In many states, the defeat of local school-bond issues is directly attributable to "supermajority" laws that require more than a simple majority of yes votes for approval. Those laws are now under heavy attack. Judge John Hauck, of California's Sutter County Superior Court, has ordered the certification of a $4.75 million school-bond issue that was approved by only 57% of the voters of Yuba City--even though the state constitution requires a 66 2/3% yes vote. The need for approval by any more than a simple majority, he ruled, violates the federal constitutional guarantee of equal protection--the basis of the one-man, one-vote doctrine.
Hauck's action follows similar decisions by courts in Idaho and West Virginia. It provides new hope that the courts will soon strike down the super-majority provisions still in effect in 12 states, making it easier for school districts to approve the bond issues they so desperately need.
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