Prohibits New State Taxes That Exclude Revenues from State Spending Limit. Requires Audits for New State Special Taxes
Prohibits New State Taxes That Exclude Revenues From State Spending Limit. Requires Audits for New State Special Taxes. Initiative Constitutional Amendment. Prohibits any new state taxes that exclude their revenues from the state spending limit approved by voters in 1979. For statewide special taxes, requires (1) a pre-election audit of programs that would receive funding from a voter-proposed special tax, and (2) recurring audits of programs funded by special taxes enacted after January 1, 2026. States that other voter-approved measures appearing on the same ballot are void if they conflict with this measure and this measure receives more affirmative votes. Summary of the Legislative Analyst's estimate of net state and local government fiscal impact: Unknown net fiscal effect. Increased costs for the California State Auditor to implement new one-time and ongoing audit requirements of programs funded by special taxes. These costs would be mostly paid from the new revenues collected from the special taxes. Possible savings associated with implementing recommendations from the audits.
Summary
Proposition 41 is an initiative constitutional amendment put on the ballot by petition signatures. It adds Article XXIV, titled Protecting Taxpayer Dollars, to the California Constitution. It does two main things. First, it requires the California State Auditor to audit programs that special taxes would fund.
For a special tax proposed by a voter initiative, the audit happens once the campaign reports collecting 25 percent of the signatures needed to qualify, which is before it is known whether the measure will reach the ballot, and a summary of that audit is printed in the state Voter Information Guide if the measure qualifies.
For special taxes enacted by the Legislature or by voters on or after January 1, 2026, the State Auditor audits the funded programs every four years. The audits must include recommendations on how a program could achieve a budgetary savings of at least 10 percent annually. Audit costs are paid from the special tax revenue when the tax is approved; when a proposed voter initiative does not reach the ballot or is rejected by voters, the one-time audit cost is paid from the state General Fund.
Second, the measure prohibits any state tax enacted or taking effect on or after January 1, 2026 from being exempted or excluded from the Government Spending Limitation in Article XIII B of the California Constitution, which voters approved in 1979 and is often called the Gann Limit, and bars the state from imposing, collecting or enforcing a state tax that is exempted or excluded from that limit.
The measure also states that another measure on the same ballot conflicts with it if that measure imposes different audit rules on special taxes or contains a state tax that is exempt from the spending limit, and that Proposition 41 prevails in its entirety if it receives more affirmative votes.
The act is titled Improving Transparency, Effectiveness, and Efficiency in California Government Act of 2026. The Legislative Analyst's summary of the fiscal impact is that the net effect is unknown because it depends on future decisions by voters, the Legislature and other policymakers, with increased State Auditor costs likely in the low millions of dollars per year and growing, mostly paid from the new special tax revenues.S1S2S3S4S7S12S15
What a yes or no vote means
Yes means
A yes vote means the California State Auditor would review programs that would be funded by a special tax proposed through a voter initiative before the initiative appears on the ballot, and would regularly review programs funded by special taxes approved by voters or by the Legislature.
It also means the state might not be able to exclude any new special tax spending from its spending limit, and that a state tax enacted or taking effect on or after January 1, 2026 that is exempted or excluded from that limit could not be imposed, collected or enforced.S1S2S3S15
No means
A no vote means the California State Auditor's responsibility to review government programs would not change, and the state spending limit requirements would not change. The new pre-election and four year audit requirements, the requirement that the State Auditor recommend at least 10 percent annual budgetary savings, the summaries printed in the Voter Information Guide, and the prohibition on any state tax enacted or taking effect on or after January 1, 2026 being exempted or excluded from the Government Spending Limitation would not take effect.S2S3S7S15
How it works
- What kind of measure this is: Proposition 41 is an initiative measure submitted to the people under Section 8 of Article II of the California Constitution. It adds sections to the California Constitution, so the new provisions are printed in italic type in the voter guide. It adds Article XXIV, titled Protecting Taxpayer Dollars, which contains four sections: pre-election audits for special tax initiatives, ongoing audits for all new or higher special taxes, a prohibition on exemptions from the state spending limit, and definitions. The act itself is titled the Improving Transparency, Effectiveness, and Efficiency in California Government Act of 2026 and is also called the Transparency Act. The Secretary of State prints the measure as Proposition 41, Prohibits New State Taxes That Exclude Revenues From State Spending Limit. Requires Audits for New State Special Taxes. Initiative Constitutional Amendment, and the Secretary of State's contribution totals page titles it Requires Audits of Programs Funded by New State Special Taxes. Prohibits New State Taxes that are Excluded from Existing Voter-Approved State Spending Limit.S1S4S7S8S12
- Path to the ballot: the Institute of Governmental Studies reports that the measure began as Initiative #25-0041A, filed with the California Attorney General's Office. Ballotpedia reports the timeline: filed December 8, 2025 by Kurt R. Oneto, cleared for signature gathering February 11, 2026, the Secretary of State reported the campaign had collected 25 percent of the required signatures on March 20, 2026, the campaign submitted signatures on May 4, 2026, and the Secretary of State reported the initiative qualified for the ballot on June 23, 2026. The campaign submitted 1,591,418 signatures for verification, of which 979,433 were valid or projected to be valid from a random sample count, against the 874,641 valid signatures required for an initiated constitutional amendment. Ballotpedia reports that the sponsors hired Florida Petition Management LLC, Voter Direct Inc., Plain Dan Solutions Inc., Pen to Paper Canvassing, JBPM and LLC to collect signatures and that $31,429,170.65 was spent to collect the required signatures, a cost of $35.93 per required signature.S12S14
- Pre-election audits of special tax initiatives: when a certification for a proposed special tax initiative is submitted to the Secretary of State under subdivision (a) of Section 9034 of the Elections Code, which is the point at which supporters report collecting 25 percent of the signatures needed, the California State Auditor must begin a pre-election financial and performance audit of each program that would receive money from the special tax. The audit must at a minimum address whether the program buys resources such as staff, equipment, technology, software and facilities at the lowest cost for the required quality; whether it maximizes output for every dollar spent; the extent to which it achieves its intended goals and outcomes; the amount of actual and potential fraud, waste and abuse and whether existing prevention systems are adequate; whether it follows relevant laws, regulations and internal policies; whether it has identified its biggest threats and has a mitigation plan; whether the data it relies on is accurate and reliable; whether it has adequate lines of accountability and oversight; how its costs compare to analogous nongovernment programs; and recommendations on how the program could achieve a budgetary savings of at least 10 percent annually. The State Auditor must invite input from the Legislative Analyst's Office. The measure requires an executive summary of the audit, delivered to the Governor, the Legislature and the Secretary of State and posted on the State Auditor's website. The Legislative Analyst describes the audit as occurring after supporters collect 25 percent of the signatures needed, which is before it is known whether the initiative will qualify for the ballot.S2S3S7S12S17
- The audit summary in the voter guide: if the special tax initiative qualifies for the ballot as provided in Article II, the executive summary of the pre-election audit must be printed in the state voter information guide immediately following the impartial analysis prepared by the Legislative Analyst, and the State Auditor must complete the audit and summary by a date sufficient to meet the voter information guide public display deadlines. The Legislative Analyst states that these audit summaries could add several pages to the voter guide, which would increase state printing and mailing costs by a few hundred thousand dollars per qualified initiative. If the special tax initiative is approved by voters, the State Auditor is reimbursed for the reasonable costs of the pre-election audit from the revenue generated by the special tax initiative, as determined by the Controller.S3S7S13S19
- Ongoing audits of new or higher special taxes: for all special taxes enacted by the Legislature or by a statewide initiative measure on or after January 1, 2026, the State Auditor must conduct ongoing financial and performance audits of each program that receives money from the special tax, starting from the effective date of the special tax and with an audit completed every four years. Each ongoing audit must address everything required of the pre-election audit and must also include recommendations on how the program could improve effectiveness and cut costs or otherwise reduce the burden the program imposes on taxpayers and state revenues. In preparing the ongoing audits the State Auditor must invite input from the Legislative Analyst's Office and must also invite public input to inform the standards used in measuring program effectiveness and determining how tax dollars can be spent more effectively. The State Auditor is reimbursed from the revenue generated by the special tax for reasonable costs, as determined by the Controller.S3S7S12S13
- Prohibition on exemptions from the state spending limit: the measure provides that no state tax enacted or taking effect on or after January 1, 2026 shall be exempted or excluded from the Government Spending Limitation, and that the State of California shall not impose, collect or enforce any state tax enacted or taking effect on or after January 1, 2026 if the state tax is exempted or excluded from that limitation. Article XXIV defines the Government Spending Limitation as Article XIII B of the California Constitution, the limit voters approved in 1979. A tax is exempted or excluded from the limitation if either the revenues are deposited in whole or in part into a particular fund or account outside the General Fund and appropriations from that fund or account are not included in the appropriations subject to limitation under Article XIII B, or the appropriations limit for the state is increased by statute under Section 4 of Article XIII B. The Legislative Analyst describes the effect this way: the state Constitution limits how much tax revenue the state can spend each year, the limit applies to both General Fund taxes and special taxes, certain types of spending such as infrastructure are excluded from the limit, and under Proposition 41 the state might not be able to exclude new special tax spending from the limit.S2S3S7S17
- What counts as a special tax and which measures are covered: the measure defines a special tax as a tax that can only be used to fund specific, as opposed to unlimited, purposes, and a special tax initiative as an initiative measure proposed under Section 8 of Article II or Section 3 of Article XVIII that contains a special tax. The article applies to all statewide initiative measures submitted to the electors on or after January 1, 2026, including measures that appear on the same ballot at which this measure is approved. The Legislative Analyst and the California Budget and Policy Center both state that state taxes can be raised by the Legislature or by voters, that the revenue from a special tax is dedicated to a specific purpose or program, and that special taxes can be enacted by the Legislature with a two thirds vote or by a citizen initiative approved by a simple majority of voters.S3S7S14S17
- Conflicting measures on the same ballot: Article XXIV provides that if this initiative measure appears on the same statewide election ballot as another initiative measure that imposes different audit rules on special taxes or that contains a state tax exempted or excluded from the Government Spending Limitation, that other measure is deemed to be in conflict with this measure, and that if this measure receives a greater number of affirmative votes its provisions prevail in their entirety and all the provisions of the other measure are null and void. The section also provides that if this measure is approved but is superseded in whole or in part by a conflicting initiative approved at the same election, and that conflicting measure is later held invalid, this measure is self-executing and is given full force and effect. The official title and summary states that other voter approved measures appearing on the same ballot are void if they conflict with this measure and this measure receives more affirmative votes. The Legislative Analyst states that if Proposition 41 receives more yes votes than Proposition 40 on the same ballot, Proposition 40 could be stopped from becoming law even if it gets yes votes from a majority of voters, because the courts could find that Proposition 41 conflicts with Proposition 40.S1S3S7S17
- Severability, effective date and construction: the act's provisions are severable, the act takes effect at the earliest possible date under Section 10 of Article II and becomes operative on the same day it takes effect, and the act is to be liberally construed to give effect to its intent and purposes.S7
- Legal defense and standing: the act includes a provision stating that if the act is approved and later challenged and both the Governor and the Attorney General refuse to defend it to the fullest extent possible, the Attorney General must appoint independent counsel to defend it, must exercise due diligence in determining the qualifications of that counsel and obtain a written affirmation that counsel will faithfully and vigorously defend the act, and that affirmation must be made publicly available on request. The act makes a continuous appropriation from the General Fund to the Controller, without regard to fiscal years, in the amount necessary to cover the costs of retaining independent counsel for that purpose.S7
- Background the Legislative Analyst gives for the measure: the Secretary of State oversees elections across the state and prepares and mails the state Voter Information Guide; California citizens may propose state laws and constitutional amendments through the statewide initiative process; state law sets how many valid signatures supporters must collect; and supporters notify the Secretary of State once they have gathered 25 percent of the necessary signatures, which is the trigger point Proposition 41 uses. The State Auditor is an independent and nonpartisan office in state government that reviews how well the state and local governments follow the law, use money and run their programs, and those reviews are called audits. Some audits happen regularly over time and others are done only once.S2S3
- How the spending limit works today, as background: the League of Women Voters reports that voters approved Proposition 4 in 1979, establishing a state spending cap known as the State Appropriation Limit, adjusted every year by a formula that includes the prior year's appropriations and factors such as population growth, personal income growth and inflation, with excess revenue rebated to taxpayers. The League reports that Proposition 98 in 1988 amended the limit to tie a portion of any excess revenue to school funding, and that Proposition 111 in 1990 reset the formula's baseline and added special taxes to the list of taxes excluded from the spending limit. The League lists exemptions from the state spending limit that voters added later, including tobacco tax funds under Proposition 10 of 1998, tobacco tax funds under Propositions 99 and 56, Road Repair and Accountability Act funds under Proposition 69 of 2018, the Children and Families Trust Fund of 1998, capital outlay and infrastructure projects, a slice of the gas tax and related revenue, and emergency spending. Ballotpedia reports that the limit was set at the 1978-1979 spending level with an annual adjustment for changes in population and cost of living, and that Proposition 111 required that excess revenues be determined over a two year period rather than a single year and that half of excess revenue be distributed to school programs rather than refunded as tax rebates. The California Budget and Policy Center states that if state revenues exceed the limit over two consecutive years the excess must be split equally between refunds to taxpayers and spending on transitional kindergarten through grade 14 education, and that this has happened only twice. The Legislative Analyst states that the limit applies to both General Fund taxes and special taxes and that certain types of spending, for example for infrastructure, are excluded from it.S3S13S14S17S18
- The findings printed in the act: the act declares that Californians are facing an affordability crisis with escalating costs for housing, food, electricity, health care, home and auto insurance and other necessities; that Californians are already among the highest taxed people in the United States, with the highest state sales tax in the nation, the highest top income tax rate and the highest tax on gasoline, and that an analysis by a nonpartisan research institute concluded that California ranks 48th in the nation in subjecting its population to taxes when considering individual income taxes, sales taxes, property taxes and other forms of taxation; that billions of tax dollars have flowed into programs like homelessness efforts with far too little to show for it; that in 1979 California's voters approved a state spending cap to help check wasteful spending and to return excess revenues above the limit to taxpayers; and that in the years since, special interests have repeatedly passed new taxes that exempted themselves from the state spending limit, pushing taxes higher and making it less likely that excessive state revenues will be refunded to taxpayers. The findings also state that recent studies have found that as much as 25 cents of every dollar in some programs are lost to inefficiency or waste, and that the Newsom Administration has sought to increase efficiency through greater use of technology and automation, an Office of Data Innovation and modernizing the Department of Motor Vehicles. The competing finding printed for Proposition 42 on the same ballot describes California as ranking third worst in the nation when considering the same kinds of taxes; the two findings are printed as the findings of the respective measures.S7
- Potential interactions with the other tax measures on the same ballot: the Legislative Analyst states that if Proposition 41 receives more yes votes than Proposition 40, Proposition 40 could be stopped from becoming law even if it gets yes votes from a majority of voters, because the courts could find that Proposition 41 conflicts with Proposition 40. CalMatters reports that Proposition 41 would ban the state from collecting taxes that circumvent a 1970s state spending limit, which Proposition 40 is written to do, and that if the wealth tax and either countermeasure are approved the one with the higher vote tally becomes law, which is why the wealth tax could go down in defeat even if a majority of voters support it. CalMatters also reports that voters should not think of Propositions 41 and 42 as merely no votes on Proposition 40, citing Kayla Kitson of the California Budget and Policy Center, who said Proposition 41 would also require the State Auditor to conduct a pre-election analysis of any program set to be funded by a future tax measure and then make recommendations on how to cut costs by 10 percent. The California Budget and Policy Center states that Proposition 41's primary intent is to invalidate Proposition 40, and that if both measures pass and Proposition 41 received more votes, Proposition 40 could be invalidated, while if both pass but Proposition 40 receives more votes the billionaire tax could be collected but audits would possibly be required of Medi-Cal and other programs receiving Proposition 40 dollars, with litigation possible and the final decision made by the courts. The California Budget and Policy Center also notes that future statewide tax initiatives could still exclude their revenues from the spending cap if the initiative itself amends the Constitution to do so, citing tobacco taxes under Proposition 10 of 1998 and Proposition 56 of 2016, but that legal challenges are possible and there is no certainty on how courts would rule, and that state policymakers already lack authority to exclude new tax revenues from the cap without voter approval. Ballotpedia reports that Proposition 40 and Proposition 41 each contain a competing measure provision that would nullify the other if both are approved and that measure receives more votes.S3S10S11S14S17
- What the measure does not do: Proposition 41 does not raise any tax, and the California Taxpayers Association and the campaign's argument in favor state that the measure does not raise taxes and instead protects taxpayers' interests. It does not change the formula for the state spending limit, does not repeal the exemptions listed in Article XIII B, does not apply to federal taxes, and does not impose any audit, filing or reporting requirement on individual taxpayers or businesses. The prohibitions in Article XXIV are written to apply to state taxes enacted or taking effect on or after January 1, 2026, and the ongoing audit requirement is written to apply to special taxes enacted by the Legislature or by a statewide initiative on or after January 1, 2026. The California Budget and Policy Center states that the audits required are audits of programs receiving special tax revenues, and that many state programs are already subject to occasional or ongoing audits, with the State Auditor currently performing audits as a result of existing state laws, legislative requests and whistleblower tips, and with a High-Risk audit program that requires the Auditor to periodically review programs or agencies determined to be at high risk for waste, fraud, abuse or mismanagement.S5S7S17
Fiscal impact
The Legislative Analyst's summary of the estimate of net state and local government fiscal impact is an unknown net fiscal effect, increased costs for the California State Auditor to implement new one-time and ongoing audit requirements of programs funded by special taxes, these costs mostly paid from the new revenues collected from the special taxes, and possible savings associated with implementing recommendations from the audits.
On the audit costs, the analysis states Proposition 41 would increase State Auditor costs and that the costs would depend on the number of new or increased special taxes proposed and approved and on the complexity of the programs audited, that these costs likely would be in the range of the low millions of dollars per year but would grow over time, that one-time and ongoing audit costs associated with special taxes approved by voters or the Legislature would be paid from the revenues collected by those special taxes, and that one-time audit costs associated with special taxes that do not ultimately appear on the ballot or are rejected by voters would be paid from the state's General Fund, the account the state uses to pay for most public services including education, health care and prisons.
On printing costs, the analysis states that requiring a summary of the State Auditor's review to appear in the Voter Information Guide could add several pages to the guide and increase state printing and mailing costs by a few hundred thousand dollars per qualified initiative. On possible savings, the analysis states that Proposition 41 requires the State Auditor to make recommendations for programs to reduce costs or improve efficiency, that Proposition 41 could result in savings or improved services if policymakers implement those recommendations and they prove effective, and that any resulting savings would depend on future decisions and are not known.
The analysis states that the net fiscal effect of Proposition 41 is unknown as it depends on future decisions by voters, the Legislature and other policymakers. The League of Women Voters reports the same estimate, adding that if an initiative containing a special tax were rejected by voters or did not ultimately qualify for the ballot, the state General Fund would pay the cost of the one-time audit, totaling in the range of the low millions of dollars for each two-year election cycle, and that the degree to which this would occur depends on future decisions and is not known.
The Institute of Governmental Studies states that State Auditor costs would increase and that the additional pages of audit information in the voter information guides could increase state printing and mailing costs by a few hundred thousand dollars per qualified initiative on the ballot.
SPUR notes that the fiscal impacts are unknown and that if the measure prevents the state from raising new revenues from future taxes, it could have a significant negative fiscal impact in the longer term.S2S3S12S13S18S19
Who benefits and who pays
Who benefits
- Voters, by the measure's own design: the act's statement of purpose is to require the California State Auditor to conduct upfront and ongoing audits of all state programs targeted to receive revenue from new or higher special taxes, to identify areas of potential savings and improvements, and to share the results publicly so that voters can see whether extra funding is actually needed, whether programs are delivering results and whether taxpayer dollars are being lost to inefficiency, waste or abuse. Before a special tax initiative goes to voters, the audit executive summary must be printed in the Voter Information Guide immediately after the Legislative Analyst's impartial analysis, and the full audit must be posted publicly. The Legislative Analyst states that the audit summary would appear when a voter initiative with a special tax appears on the ballot.S3S7
- Supporters' claims about who gains: the argument in favor of Proposition 41 says the measure requires the State Auditor to conduct independent public audits of programs funded by proposed new taxes in order to increase transparency and accountability and drive better outcomes, that Californians pay some of the highest taxes in the country on top of a high cost of living, that the state will spend more than $350 billion this year, a 79 percent increase in spending since 2019, and that billions of tax dollars have flowed into programs like homelessness efforts with too little to show for it. It says the audits must track program spending and assess whether it achieves its intended outcomes, determine whether programs have sufficient oversight and accountability, identify areas of waste, fraud and abuse, and recommend how future waste and fraud can be avoided and programs made more effective. It says the measure does not raise taxes and requires all taxes to comply with the state's voter approved spending limit including its requirement that excess revenues get refunded to taxpayers. The rebuttal to the argument against adds that the state budget is a record high $352 billion this year and that state spending is up 79 percent since 2019. The campaign website states that Proposition 41 requires the independent State Auditor to conduct financial and performance audits of programs funded by any new tax measure with results posted publicly, that it requires all new taxes to comply with the state's voter approved spending limit so that excess tax revenues get refunded to taxpayers, and that if approved it would require ongoing public audits to evaluate spending, identify waste, fraud or abuse, assess whether programs are meeting their intended goals and recommend improvements. These are the supporters' claims.S5S6S16
- Supporters' claims about independent information for voters: the argument in favor says that before voters vote on new taxes to fund programs they should have access to independent information about how those programs are being managed and whether they actually need more funding, and that under Proposition 41 the Auditor's findings must be posted publicly and in the Voter Information Guide so voters can make informed decisions about new taxes without having to rely on information from special interests or politicians. Pat Fong Kushida, president and chief executive officer of the CalAsian Chamber of Commerce, is quoted saying the measure provides an independent, public report card for government spending so government programs work better for everyone, and Steve Westly, former Controller of California, is quoted saying Californians already pay the highest state income and sales taxes in the country and need better transparency and accountability. These are the supporters' statements.S5S16
- Organizations and people listed in support: the voter guide summary page and quick reference guide list the California Society of Certified Public Accountants, the CalAsian Chamber of Commerce and the California Taxpayers Association as supporters. The argument in favor is signed by Denise LeDuc Froemming, CPA, president of the California Society of Certified Public Accountants; Tom Hayes, former California State Auditor; and Robert Gutierrez, president of the California Taxpayers Association. The rebuttal to the argument against is signed by Pat Fong Kushida, president of the California Asian Pacific Chamber of Commerce; Steve Westly, former California State Controller; and Robert Gutierrez, president of the California Taxpayers Association. The Ballotpedia guide lists as supporters the organizations Americans for Tax Reform, CalAsian Chamber of Commerce, California Chamber of Commerce, California Society of Certified Public Accountants, California Taxpayers Association, Howard Jarvis Taxpayers Association and Reform California, and the individuals Sergey Brin, co-founder of Google; Patrick Collison, chief executive officer of Stripe; John Doerr, chairman of Kleiner Perkins; Max Levchin, chief executive officer of Affirm; Stewart Resnick, president and chairman of The Wonderful Company; Eric Schmidt, former chief executive officer of Google; and Tony Xu, chief executive officer of DoorDash. The Institute of Governmental Studies lists Building a Better California, the California Chamber of Commerce, the Howard Jarvis Taxpayers Association, Reform California, the California Society of Certified Public Accountants, the CalAsian Chamber of Commerce, the California Taxpayers Association, and the individuals Sergey Brin, Patrick Collison, John Doerr, Max Levchin, Stewart Resnick, Eric Schmidt and Tony Xu. The California Budget and Policy Center states that Proposition 41 is endorsed by the California Republican Party, the California Chamber of Commerce and the California Taxpayers Association. The campaign website states that Proposition 41 is supported by a coalition of small businesses, taxpayers, good government advocates, elected officials, accountants and auditing experts and by more than a million Californians who helped qualify the measure, and it quotes Tracy Hernandez, co-founder and chief executive officer of the New California Coalition, Pat Fong Kushida of the CalAsian Chamber and Steve Westly, former Controller of California. CalMatters lists Reform California, Google co-founder Sergey Brin and Stewart Resnick, chairman and chief executive officer of The Wonderful Company, as notable supporters.S4S5S10S12S14S15S16S17
- Programs and audits, in the Legislative Analyst's framing: the analysis states that Proposition 41 requires the State Auditor to make recommendations for programs to reduce costs or improve efficiency and that the measure could result in savings or improved services if policymakers implement the State Auditor's recommendations and those recommendations prove effective. The Howard Jarvis Taxpayers Association, listed by Ballotpedia as a supporter, states in its voter guide that it is a good idea to find out where existing funds are going before voters are asked to approve higher taxes for the same programs. The California Budget and Policy Center presents the same feature as a concern, stating that the requirement for cost-cutting recommendations could result in service cuts with real human impacts, that policymakers would be under no obligation to implement the recommendations, and that if a program receiving special tax revenues is already operating efficiently but the Auditor must identify ways costs could be reduced by 10 percent, lawmakers may be under pressure to adopt those recommendations, particularly in difficult budget times, leading to fewer Californians served, lower benefit levels or decreased service quality.S3S14S17
Who pays
- The State Auditor's office, as the agency that carries out the measure: the Legislative Analyst states that Proposition 41 would increase State Auditor costs by creating new and ongoing audit requirements, that the costs would depend on the number of new or increased special taxes proposed and approved and the complexity of the programs audited, that these costs likely would be in the range of the low millions of dollars per year but would grow over time, and that the one-time and ongoing audit costs associated with special taxes approved by voters or the Legislature would be paid from the revenues collected by those special taxes. The act provides that the State Auditor is reimbursed for reasonable costs as determined by the Controller. The California Budget and Policy Center states that the additional audits would increase state costs, reducing the resources available to directly support services for Californians.S3S7S17
- The General Fund, for audits of proposed special taxes that do not reach the ballot or are rejected by voters: the Legislative Analyst states that one-time audit costs associated with special taxes that do not ultimately appear on the ballot or are rejected by voters would be paid from the state's General Fund, the account the state uses to pay for most public services including education, health care and prisons. The League of Women Voters describes the same arrangement and states that the amount would total in the range of the low millions of dollars for each two-year election cycle. The California Budget and Policy Center states that in the case of program audits related to a proposed special tax the audit costs would be absorbed by the state's General Fund if the ballot initiative were not enacted, leaving less funding for critical state services like education, health care and human services. The Institute of Governmental Studies states that if a special tax initiative fails, the state General Fund covers the audit costs.S3S12S13S17
- Who funded the support campaign: the Secretary of State's ballot measure contribution totals page reports that committees supporting Proposition 41 reported $58,376,446 in total contributions through 10/06/2026, all of it to committee ID 1488423, YES ON 41 (the page prints the committee name with spelling errors, reading YES ON 41 – CALIFORNIANS FOR TRANSPARENCY AND ACCOUNTABILITY, A COALTION OF SMALL BUSINESSESS, TAXPAYERS, GOOD GOVERNMENT ADVOCATES, ACCOUNTANTS AND AUDITING EXPERTS). The Fair Political Practices Commission's top 10 contributors list for the November 2026 general election reports $58,371,807.92 in top aggregated contributions to that committee, of which $58,350,000 came from Building a Better California, listed with top donors Sergey Brin and L. John Doerr, III, and $21,807.92 came from Reform California with Carl De Maio – Ballot Measure Committee. Ballotpedia reports that as of September 19, 2026 the committee Yes on 41 – Californians for Transparency and Accountability and Building a Better California registered in support, together reporting $103.8 million in contributions according to the page's text, and that the top donors to the support committees were Sergey Brin at $102,000,000, L. John Doerr, III at $30,000,000, Patrick Collison at $22,000,000, Eric Schmidt at $15,141,313.01 and Vinod Khosla at $12,561,504, with the page noting that Building a Better California contributed to campaigns on Propositions 1, 37, 40, 41, 42 and 45 so its total exceeds the support committee totals. The campaign website states that the committee's top funder is Building a Better California. The California Budget and Policy Center states that the top contributor to the Proposition 41 campaign is Building a Better California, largely funded by Google cofounder Sergey Brin and other billionaires, and that the same group is also opposing Proposition 40 and supporting Proposition 42. The figures come from three sources covering different dates and counting different things.S8S9S12S14S16S17
- Who funded the opposition, and the opponents' framing of the money: the Secretary of State's page reports that committees opposing Proposition 41 reported $703,494 in total contributions through 10/06/2026, all of it to committee ID 1495036, TAX THE ULTRA-RICH NOW, YES ON 3 & 40, NO ON 41 & 42. The Fair Political Practices Commission's top 10 contributors list for the November 2026 general election lists a second committee in opposition, YES ON 40 – BILLIONAIRE TAX NOW – NO ON 41 & 42, SPONSORED BY SERVICE EMPLOYEES INTERNATIONAL UNION – UNITED HEALTHCARE WORKERS WEST (committee ID 1484470), with $32,346,200.51 in top aggregated contributions. The argument against Proposition 41, signed by Suzanne Jimenez, chief of staff of SEIU-United Healthcare Workers West, says the measure was put on the ballot because billionaires do not want to pay their fair share and would rather millions of working people lose health care than pay a modest one-time tax on their extreme wealth, and that one of the measure's main funders is Google founder and Trump donor Sergey Brin, whose wealth has doubled to nearly $300 billion since Trump's election, and who has spent over $57 million to fund measures like Proposition 41. The California Budget and Policy Center states that there is no official campaign against Proposition 41, that prominent opponents include SEIU-United Healthcare Workers West, the main proponent of Proposition 40, and other labor groups including the California Federation of Teachers and the California Federation of Labor Unions, and that the California Democratic Party and the League of Women Voters also oppose the measure. These are the opponents' claims and the reported figures.S5S8S9S17
- Future programs and the people who rely on them, in the opponents' framing: the League of Women Voters of California states that it opposed the Gann Initiative in 1979 because its spending limit was too inflexible to assure adequate government services in an uncertain future, that Proposition 41 would extend that constraint to new tax revenue, that this is especially concerning for voter approved initiatives which generally cannot be changed by the Legislature without another vote of the people, that when the state is at or near the limit the measure could prevent all the revenue voters approved for a specific purpose from being spent on that purpose, and that the measure would also require audits of programs funded by new or increased special taxes, including programs such as public campaign financing that may not receive General Fund support. The California Budget and Policy Center states that the measure could create new barriers to raising state revenue and meeting the needs of Californians, that the pre-election audit requirement could dissuade voters from approving special tax initiatives that would raise needed revenue, that voters could interpret a summary showing ways to cut costs by 10 percent as evidence that the programs are inefficient even if they are not, and that some health care financing sources that must occasionally be reauthorized, such as the Managed Care Organization tax and the Hospital Quality Assurance fee, which both allow the state to draw down additional federal funding for Medi-Cal, could potentially be affected by Proposition 41, which would jeopardize billions of dollars in federal funding for Medi-Cal, though the center states there are many complications and uncertainties and any conflicts would ultimately be decided by the courts. SPUR states that applying spending limits to new revenue measures could constrain local and state governments' ability to fund housing, transportation, infrastructure and social services, and that restricting spending from special taxes could negatively affect efforts to fund health care, food assistance and other programs that disproportionately benefit lower income Californians and communities of color. These are the opponents' and analysts' stated concerns.S13S17S19
Support and opposition
Supporters
Total raised: $58,376,446
As of: October 6, 2026
Organizations
- Yes on 41 – Californians for Transparency and Accountability, A Coalition of Small Businesses, Taxpayers, Good Government Advocates, Accountants and Auditing Experts (the committee supporting the measure)
- Californians for a More Transparent and Effective Government, Sponsored by Building a Better California
- Building a Better California (top funder of the support committee)
- California Society of Certified Public Accountants (CalCPAs)
- CalAsian Chamber of Commerce (California Asian Pacific Chamber of Commerce)
- California Taxpayers Association (CalTax)
- California Chamber of Commerce
- Howard Jarvis Taxpayers Association
- Reform California
- Americans for Tax Reform
- California Republican Party
- New California Coalition
- Denise LeDuc Froemming, CPA, President, California Society of Certified Public Accountants
- Tom Hayes, former California State Auditor
- Robert Gutierrez, President, California Taxpayers Association
- Pat Fong Kushida, President and CEO, CalAsian Chamber of Commerce
- Steve Westly, former Controller of California
- Tracy Hernandez, Co-Founder and CEO, New California Coalition
- Sergey Brin, co-founder of Google
- Patrick Collison, CEO of Stripe
- John Doerr, Chairman of Kleiner Perkins
- Max Levchin, CEO of Affirm
- Stewart Resnick, President and Chairman of The Wonderful Company
- Eric Schmidt, former CEO of Google
- Tony Xu, CEO of DoorDash
- The San Diego Union-Tribune and The Orange County Register (media endorsements)
Top funders
- Building a Better California $58,350,000 Committee, California; contributor to committee 1488423 as reported on the Fair Political Practices Commission top 10 contributors list for the November 2026 general election, listed there with top donors Sergey Brin and L. John Doerr, III
- Reform California with Carl De Maio – Ballot Measure Committee $21,808 Committee, California; contributor to committee 1488423 as reported on the Fair Political Practices Commission top 10 contributors list for the November 2026 general election
Key arguments
- Supporters say the measure makes government programs accountable for results: the argument in favor says the measure requires the State Auditor to conduct independent public audits of programs funded by proposed new taxes in order to increase transparency and accountability and drive better outcomes, that Californians pay some of the highest taxes in the country on top of a high cost of living, that the state will spend more than $350 billion this year, a 79 percent increase in spending since 2019, and that billions of tax dollars have flowed into programs like homelessness efforts with too little to show for it. It says the measure requires more accountability, transparency and trackable progress of programs funded by taxes so that the state stops funding failure and starts funding successful outcomes. These are the supporters' claims.S5S6
- Supporters say the audits must test spending against outcomes and look for waste: the argument in favor says the audits must track all program spending and assess whether it is achieving its intended outcomes, determine whether programs have sufficient oversight and accountability, identify areas of waste, fraud and abuse, and recommend how future waste and fraud can be avoided and programs made more effective. The rebuttal to the argument against says the measure requires the independent State Auditor to conduct performance and financial audits of programs to be funded by new taxes to help make programs more effective and efficient, and asks why a Sacramento special interest would oppose transparency and accountability. These are the supporters' claims.S5S6
- Supporters say voters get independent information before they vote on a tax: the argument in favor says voters should have access to independent information about how programs funded by new taxes are being managed and whether they actually need more funding, and that the Auditor's findings must be posted publicly and in the Voter Information Guide so voters can make informed decisions without relying on information from special interests or politicians. It quotes Pat Fong Kushida, president and CEO of the CalAsian Chamber of Commerce, saying the measure provides an independent, public report card for government spending. These are the supporters' claims.S5S6S16
- Supporters say the measure does not raise taxes and protects the spending limit and refunds: the argument in favor says Proposition 41 does not raise taxes and protects taxpayers' interests by reducing waste and fraud and by requiring all taxes to comply with the state's voter approved spending limit, including its requirement that excess revenues get refunded to taxpayers. Steve Westly, former Controller of California, is quoted saying Californians already pay the highest state income and sales taxes in the country and need better transparency and accountability so tax dollars produce results. These are the supporters' claims.S5S6S16
- Supporting organizations describe their reasons: the Howard Jarvis Taxpayers Association wrote in its voter guide that the measure requires pre-election audits of programs that would be funded by new statewide special taxes and that it is a good idea to find out where existing funds are going before voters are asked to approve higher taxes for the same programs. Robert Gutierrez, president of the California Taxpayers Association, is quoted by Ballotpedia saying the Transparency Act gives voters the chance to have a transparent, unbiased analysis of a proposed tax and the programs it would support and that the public audits that follow will ensure continued oversight so tax dollars are spent efficiently and as intended. The campaign website quotes Tracy Hernandez of the New California Coalition saying California families pay billions in state taxes every year and deserve to see where that money goes and what it delivers. These are the supporters' statements.S14S16
- Money reported on the support side: the Secretary of State's 2026 ballot measure contribution totals page for Proposition 41 reports one committee formed to support the measure, YES ON 41 – CALIFORNIANS FOR TRANSPARENCY AND ACCOUNTABILITY, A COALTION OF SMALL BUSINESSESS, TAXPAYERS, GOOD GOVERNMENT ADVOCATES, ACCOUNTANTS AND AUDITING EXPERTS (committee ID 1488423) with $58,376,446 in reported contributions through 10/06/2026, which is also the stated total for the support side. The Fair Political Practices Commission's top 10 contributors list for the November 2026 general election reports $58,371,807.92 in top aggregated contributions to that committee, listing Building a Better California at $58,350,000 and Reform California with Carl De Maio – Ballot Measure Committee at $21,807.92. Ballotpedia reports that as of September 19, 2026 the support committees reported $92,294,499.50 in total contributions, made up of $59,845,840.74 in cash contributions and $32,448,658.76 in in-kind contributions, with Yes on 41 – Californians for Transparency and Accountability at $58,336,445.92 and Building a Better California at $33,958,053.58, and reports that the two committees together reported $103.8 million in contributions in the text of the same page. The three sets of figures cover different reporting periods and count different things, and the Ballotpedia page's own text and table do not match each other.S8S9S14
Opponents
Total raised: $703,494
As of: October 6, 2026
Organizations
- Tax the Ultra-Rich Now, YES on 3 & 40, NO on 41 & 42 (the committee in opposition)
- Yes on 40 – Billionaire Tax Now – No on 41 & 42, sponsored by Service Employees International Union – United Healthcare Workers West
- Service Employees International Union – United Healthcare Workers West (SEIU-UHW)
- U.S. Senator Bernie Sanders
- Democratic Party of California
- California Democratic Socialists of America
- California State PTA
- California Federation of Teachers
- California Federation of Labor Unions
- American Civil Liberties Union of Southern California
- Indivisible SF
- League of Women Voters of California
- SPUR (San Francisco Bay Area Planning and Urban Research Association)
- California Budget and Policy Center
- Suzanne Jimenez, Chief of Staff, SEIU-United Healthcare Workers West
- Erica Olivo Reynoso, Licensed Vocational Nurse, Kaiser Permanente Los Angeles Medical Center and member of SEIU-United Healthcare Workers West
- The San Francisco Chronicle and The Sacramento Bee (media endorsements)
Top funders
- Service Employees International Union, United Healthcare Workers West (Nonprofit 501 (C)(5)) $22,058,461 Labor organization, California; contributor to committee 1484470, YES ON 40 – BILLIONAIRE TAX NOW – NO ON 41 & 42, which the Fair Political Practices Commission lists as opposing Proposition 41 and whose funds cover Propositions 40, 41 and 42 · Donor amount from the FPPC top contributors list (updated 2026-10-14); the total raised is from the Secretary of State through 2026-10-06, so a donor can exceed it.
- SEIU United Health Care Workers West Political Issues Committee $7,701,739 Committee, California; contributor to committee 1484470 · Multi-measure committee: the FPPC lists its full amount under every measure it supports or opposes, so this is not money spent only on this measure. · Donor amount from the FPPC top contributors list (updated 2026-10-14); the total raised is from the Secretary of State through 2026-10-06, so a donor can exceed it.
- SEIU United Health Care Workers West Political Action Committee $2,000,000 Committee, California; contributor to committee 1484470 · Multi-measure committee: the FPPC lists its full amount under every measure it supports or opposes, so this is not money spent only on this measure. · Donor amount from the FPPC top contributors list (updated 2026-10-14); the total raised is from the Secretary of State through 2026-10-06, so a donor can exceed it.
- Alan Davis $250,000 Individual, California; largest reported donor to committee 1495036, TAX THE ULTRA-RICH NOW, YES ON 3 & 40, NO ON 41 & 42, as reported by Ballotpedia · Donor amount from the FPPC top contributors list (updated 2026-10-14); the total raised is from the Secretary of State through 2026-10-06, so a donor can exceed it.
- Saikat Chakrabarti $201,000 Individual, California; contributor to committee 1484470 as reported on the Fair Political Practices Commission top 10 contributors list · Donor amount from the FPPC top contributors list (updated 2026-10-14); the total raised is from the Secretary of State through 2026-10-06, so a donor can exceed it.
Key arguments
- Opponents say the measure is a billionaire funded scheme to cancel the billionaire tax: the argument against, signed by Suzanne Jimenez, chief of staff of SEIU-United Healthcare Workers West, says Proposition 41 is a billionaire funded initiative designed specifically to undo the California Billionaire Tax, Proposition 40, that it was put on the ballot for one reason, because billionaires do not want to pay their fair share, and that it was created to trick voters into making a billionaire tax impossible to enforce. The rebuttal to the argument in favor says Proposition 41 is not really about audits, that it is a billionaire funded scheme designed specifically to undo Proposition 40, that billionaire funders would rather millions of working people lose health care than pay a modest one-time tax on their extreme wealth, and that the scheme is expensive because it would cost the state time and money. These are the opponents' claims.S5S6
- Opponents name the funders and argue the measure hurts health care funding: the argument against says one of the measure's main funders is Google founder and Trump donor Sergey Brin, whose wealth has doubled to nearly $300 billion since Trump's election and who has spent over $57 million to fund measures like Proposition 41 that attempt to cancel out a billionaire tax, and that U.S. Senator Bernie Sanders called the move unacceptable. It says Donald Trump took money out of working people's pockets and gave it to billionaires through tax breaks, and that the billionaires backing Proposition 41 want Californians to pay more for their health care. It says passing the California Billionaire Tax is the only way to replace the money taken from health coverage so that the state is not left with shuttered hospitals and rising health care costs. The Ballotpedia guide quotes Erica Olivo Reynoso, a licensed vocational nurse at Kaiser Permanente Los Angeles Medical Center and a member of SEIU-United Healthcare Workers West, saying the measures were put on the ballot to trick voters into making a billionaire tax impossible to enforce and that they are about defeating one specific tax that billionaires want to avoid. These are the opponents' claims.S5S6S14
- Opponents' argument that the spending limit is too inflexible: the League of Women Voters of California states that it opposed the Gann Initiative in 1979 because its spending limit was too inflexible to assure adequate government services in an uncertain future, that Proposition 41 would extend that constraint to new tax revenue, that this is especially concerning for voter approved initiatives because they generally cannot be changed by the Legislature without another vote of the people, and that when the state is at or near the limit the measure could prevent all the revenue voters approved for a specific purpose from being spent on that purpose. SPUR states that more transparency and accountability in government spending are worthy objectives but that the Legislative Analyst's Office and the state auditor already have authority to evaluate policies and programs, that Proposition 41 was primarily placed on the ballot to defeat Proposition 40, that it would constrain local and state governments' ability to raise revenue for housing, transportation, infrastructure and social services that are already facing federal and state cuts, and that restricting spending from special taxes could negatively affect efforts to fund health care and food assistance. SPUR also states that the measure's ongoing audit requirement could be counterproductive, that adding an untold number of audits to the auditor's office could distract from other investigations, and that directing the office to find 10 percent annual savings is arbitrary and dilutes the office's independence. These are the stated positions of these organizations.S13S19
- The nonpartisan summaries of the case against: CalMatters reports that the chief opponent is SEIU-United Healthcare Workers West, the sponsor of Proposition 40, and that the union argues the measure is designed to trick voters into unknowingly blocking a wealth tax on billionaires, that it is not about auditing waste in public programs but a way for billionaires to avoid paying taxes once on their huge wealth. The Institute of Governmental Studies summarizes the opponents as contending that the measure was put on the ballot by billionaire opponents to block Proposition 40 and that its audit requirements create unnecessary hurdles to funding essential public services like health care and education. KQED's voter guide states that opponents describe the measure as the billionaires' attempt to avoid a new wealth tax, disguised as an accountability measure but really aimed at tricking voters into canceling Proposition 40, and that it will cost taxpayers money by requiring audits. The California Budget and Policy Center states that the primary intent of the measure is to invalidate Proposition 40 but that it could also make it harder for the state to meet the needs of Californians in the future, and that its pre-election audit requirement could dissuade voters from approving special tax initiatives that would raise needed revenue, and that if policymakers implemented the recommended 10 percent cost reductions it could result in cuts to core services rather than simply inefficient spending.S10S12S17S20
- Money reported on the oppose side: the Secretary of State's 2026 ballot measure contribution totals page for Proposition 41 reports one committee formed to oppose the measure, TAX THE ULTRA-RICH NOW, YES ON 3 & 40, NO ON 41 & 42 (committee ID 1495036) with $703,494 in reported contributions through 10/06/2026, which is also the stated total for the opposition. The Fair Political Practices Commission's top 10 contributors list for the November 2026 general election instead lists YES ON 40 – BILLIONAIRE TAX NOW – NO ON 41 & 42, SPONSORED BY SERVICE EMPLOYEES INTERNATIONAL UNION – UNITED HEALTHCARE WORKERS WEST (committee ID 1484470) as opposing Proposition 41, with $32,346,200.51 in top aggregated contributions and a top contributor list led by Service Employees International Union United Healthcare Workers West at $22,058,461.16, SEIU United Health Care Workers West Political Issues Committee at $7,701,739.35 and SEIU United Health Care Workers West Political Action Committee at $2,000,000. That committee also appears in the same Commission list as opposing Proposition 40 and Proposition 42 and as supporting Proposition 3, so its money is not attributable to Proposition 41 alone. Ballotpedia reports that as of September 19, 2026 the committee Tax the Ultra-Rich Now, YES on 3 & 40, NO on 41 & 42 registered in opposition reported $340,225 in contributions, all cash, with $10.99 in expenditures, and lists Alan Davis at $250,000 as the top donor to the opposition committee, while the same page also states that Ballotpedia has not identified any committees registered in opposition to Proposition 41. The California Budget and Policy Center states that there is no official campaign against Proposition 41. The three sources cover different reporting periods and identify different committees.S8S9S14S17
How it could affect your household
| Household type | Effect | Explanation | Confidence |
|---|---|---|---|
| Homeowner | Neutral | This measure does not raise or lower any tax a homeowner pays. It creates no tax, fee or assessment, and the only costs it creates are State Auditor costs, paid mostly from special tax revenues when a special tax is approved and from the state General Fund when a proposed special tax initiative does not reach the ballot or is rejected by voters. Its substantive rules are about audits of programs funded by special taxes and about whether a state tax enacted or taking effect on or after January 1, 2026 may be exempted or excluded from the Government Spending Limitation in Article XIII B, the limit voters approved in 1979. Proposition 41 does not change property tax rules or the property tax exemption a homeowner has under Proposition 13, and it does not affect the existing exemptions from the spending limit that the League of Women Voters lists, such as capital outlay and infrastructure spending and a slice of gas tax revenue. The one way this could reach a household is indirect: supporters say requiring all taxes to comply with the spending limit makes the limit's requirement that excess revenues be refunded to taxpayers more likely to apply, and the Legislative Analyst states the net fiscal effect is unknown, so any refund effect depends on future state revenues and decisions.S2S3S5S7S13 | High confidence |
| Renter | Neutral | This measure imposes no tax, fee or rent rule on renters and does not change housing programs. Its rules apply to programs funded by state special taxes and to whether new state taxes can be exempted or excluded from the Government Spending Limitation. Nothing in the measure changes rent control, rental assistance or housing bond programs, and the Legislative Analyst's estimate of net state and local government fiscal impact is an unknown net effect with increased State Auditor costs that are mostly paid from special tax revenues. Renters who rely on programs that special taxes fund, such as health care or food assistance, could be affected indirectly if the state's ability to raise and spend special tax revenue changes, and opponents including the League of Women Voters and SPUR state that applying the spending limit to new special taxes could reduce the money available for services like health care, food assistance, housing and transportation. The California Budget and Policy Center states that the pre-election audit requirement could dissuade voters from approving special tax initiatives that would raise revenue for services. Those effects depend on future votes, future tax measures and court decisions, so the direct effect on a renter household is none.S3S13S17S19 | Medium confidence |
| W-2 earner ($100k to $250k) | Neutral | This measure adds no tax on wages, salary or income and changes no income tax bracket, so this household's state tax bill does not change because of it. The measure applies to audits of programs funded by special taxes and to whether a state tax enacted or taking effect on or after January 1, 2026 may be exempted or excluded from the Government Spending Limitation. It does not apply to an individual's own taxes or impose any filing or reporting requirement on individuals. The main way a W-2 household could be affected is through the state budget: if a proposed special tax initiative does not reach the ballot or is rejected by voters, the one-time audit cost would be paid from the state General Fund, the account that pays for most public services including education, health care and prisons, and the Legislative Analyst states those costs likely would be in the low millions of dollars per year and would grow over time. Supporters say the measure makes it more likely that excess state revenues above the spending limit are refunded to taxpayers, and opponents say it makes it harder to fund services; both effects depend on future state revenues and decisions.S3S5S7S13 | High confidence |
| High earner (over $1M) | Neutral | This measure adds no tax on income, wages, business income or investment income for a household at this level, and it does not change any income tax rate or bracket. It creates no personal filing or asset reporting requirement. Its rules concern audits of programs funded by state special taxes and whether new state taxes may be exempted or excluded from the Government Spending Limitation in Article XIII B. The one direct consequence for people with very large fortunes would come through the competing measure provisions rather than through a tax on this household: the Legislative Analyst states that if Proposition 41 receives more yes votes than Proposition 40 on the same ballot, Proposition 40 could be stopped from becoming law even if it gets yes votes from a majority of voters, because the courts could find that Proposition 41 conflicts with Proposition 40. Proposition 40 would impose a one-time tax on individuals with net worth of $1 billion or more, so a taxpayer whose net worth is far below that threshold is not affected by either measure's tax rules.S3S7S10 | High confidence |
| Small business owner | Neutral | This measure imposes no tax, fee, license or reporting requirement on businesses, and it does not change employment, licensing, sales tax or income tax rules. Its rules apply to state special taxes and to audits of the programs those taxes fund. Supporters listed by Ballotpedia and the Institute of Governmental Studies include business organizations such as the California Chamber of Commerce, the California Taxpayers Association, the CalAsian Chamber of Commerce and the Howard Jarvis Taxpayers Association, and the argument in favor states the measure does not raise taxes. Opposing and neutral analysts state that the measure could make it harder for the state to raise revenue from future special taxes and that applying the spending limit to new special tax revenue could reduce funding available for services; the Legislative Analyst states the net fiscal effect is unknown. A business owner's exposure under this measure is indirect and depends on future tax measures and state budget decisions.S3S5S12S14 | Medium confidence |
| Retiree | Neutral | This measure creates no tax on retirement income, Social Security, pensions or individual retirement accounts and creates no new reporting requirement for individuals. Its rules concern audits of programs funded by state special taxes and whether new state taxes may be exempted or excluded from the Government Spending Limitation. A retiree household's direct costs do not change. The indirect path is through state services and state revenue: the audits would cover programs funded by special taxes, and 90 percent of the revenue from Proposition 40, the competing measure, would be allocated to health care if that measure were to take effect, which the Legislative Analyst states could be stopped if Proposition 41 receives more yes votes. Opponents including the League of Women Voters and the California Budget and Policy Center state that applying the spending limit to new special tax revenue could reduce funding for health care and food assistance and that some Medi-Cal financing sources could potentially be affected, subject to court decisions. Those effects are indirect and uncertain.S3S7S13S17 | Medium confidence |
| Local government services user | Mixed | The direct fiscal effects the Legislative Analyst identifies fall on the state: increased State Auditor costs likely in the low millions of dollars per year and growing, mostly paid from the revenue collected by the special taxes being audited, with one-time audit costs for special taxes that do not reach the ballot or are rejected by voters paid from the state General Fund, and additional state printing and mailing costs of a few hundred thousand dollars per qualified initiative for audit summaries in the voter information guide. In the direction of more oversight, the measure requires public audits of programs funded by new or higher special taxes, with recommendations on how each program could achieve at least 10 percent annual budgetary savings and with the executive summary of a pre-election audit printed in the voter information guide before voters decide, and the Legislative Analyst states the audits could produce savings or improved services if policymakers implement the recommendations. In the other direction, the measure prohibits any state tax enacted or taking effect on or after January 1, 2026 from being exempted or excluded from the Government Spending Limitation, and bars the state from imposing, collecting or enforcing such a tax, which the Legislative Analyst states means the state might not be able to exclude new special tax spending from its spending limit. Opponents state that when the state is at or near the limit this could prevent revenue voters approved for a specific purpose from being spent on that purpose, that it could reduce funding available for health care, food assistance, housing and transportation, and that some Medi-Cal financing sources that must be reauthorized could potentially be affected, with any conflicts decided by the courts.S3S7S13S17S19 | Medium confidence |
Tradeoffs
- Audits as information for voters against audits as a cost and a signal: supporters say the measure gives voters independent, publicly posted information about whether programs that new taxes would fund are well run and whether they need more money, with the audit summary printed in the Voter Information Guide next to the Legislative Analyst's analysis. The Legislative Analyst states the audit summaries could add several pages to the guide and increase state printing and mailing costs by a few hundred thousand dollars per qualified initiative, and that State Auditor costs likely would be in the low millions of dollars per year and would grow over time. The California Budget and Policy Center states that because the State Auditor would be required to recommend options to cut program costs by 10 percent, voters could interpret an audit summary as evidence that a program is inefficient even when it is not, and that if policymakers implemented those recommendations it could result in cuts to core services rather than simply eliminating inefficiency. The San Francisco Chronicle editorial board, as quoted by Ballotpedia, states that directing the auditor's office to find 10 percent annual savings is arbitrary and dilutes the office's independence.S3S5S14S17
- Protecting the spending limit and refunds against the ability to fund services: the act's findings state that in 1979 voters approved a state spending cap to help check wasteful spending and to return excess revenues above the limit to taxpayers, that special interests have repeatedly passed new taxes that exempted themselves from the limit, and that this pushes taxes higher and makes refunds less likely. The Legislative Analyst states the limit applies to both General Fund taxes and special taxes and that certain types of spending such as infrastructure are excluded from it, and that under the measure the state might not be able to exclude new special tax spending from the limit. The League of Women Voters states that it opposed the 1979 limit as too inflexible and that the measure would extend that constraint to new tax revenue, especially for voter approved initiatives that generally cannot be changed by the Legislature without another vote of the people, and that when the state is at or near the limit the measure could prevent revenue voters approved for a specific purpose from being spent on that purpose. SPUR states that applying spending limits to new revenue measures could constrain governments' ability to fund housing, transportation, infrastructure and social services at a time of federal and state cuts.S3S7S13S19
- Who pays for the audits when a tax fails: the act provides that the State Auditor is reimbursed from the revenue generated by the special tax when it is approved. The Legislative Analyst states that one-time audit costs for special taxes that do not ultimately appear on the ballot or are rejected by voters would be paid from the state's General Fund, the account that pays for most public services including education, health care and prisons. The League of Women Voters puts the amount in the range of the low millions of dollars for each two-year election cycle, and the California Budget and Policy Center states that in that case the state General Fund would absorb the cost, leaving less funding for services. This is the tradeoff the measure sets up: special tax payers and beneficiaries fund the audits when the tax passes, and the general taxpayer funds them when it does not.S3S7S13S17
- A yes majority on the competing measure may not be enough: the Legislative Analyst states that if Proposition 41 receives more yes votes than Proposition 40, Proposition 40 could be stopped from becoming law even if it gets yes votes from a majority of voters, because the courts could find that Proposition 41 conflicts with Proposition 40. Article XXIV provides that another measure on the same ballot is in conflict if it imposes different audit rules on special taxes or contains a state tax exempted or excluded from the spending limit, that Proposition 41 prevails in its entirety if it receives more affirmative votes, and that its provisions are self-executing if it is superseded by a conflicting measure that is later held invalid. The California Budget and Policy Center states that if both measures pass and Proposition 40 receives more votes, the billionaire tax could be collected but audits could be required of Medi-Cal and other programs receiving Proposition 40 dollars, and that litigation is possible with the final decision made by the courts.S3S7S17
- The audits overlap with existing oversight: the California Budget and Policy Center states that many state programs are already subject to occasional or ongoing audits, that the State Auditor currently performs audits resulting from existing state laws, legislative requests and whistleblower tips, and that a High-Risk audit program already requires the Auditor to periodically review programs or agencies determined to be at high risk for waste, fraud, abuse or mismanagement. Supporters frame the new audits as additional independent oversight of programs funded by new taxes specifically. SPUR states that the Legislative Analyst's Office and the state auditor already have the authority to evaluate policies and programs for equity and efficiency, and that adding an untold number of audits to the auditor's office could distract from other critical investigations.S17S19
- Whether the measure reaches beyond Proposition 40: the California Budget and Policy Center states that the measure would apply only to Proposition 40 at present if both measures pass and Proposition 41 receives more votes, but that it could potentially apply to future tax policy proposals, and that future statewide tax initiatives could still exclude their revenues from the spending cap if the initiative itself amends the Constitution, citing tobacco taxes under Proposition 10 of 1998 and Proposition 56 of 2016, though legal challenges are possible and courts could rule either way, and that state policymakers already lack authority to exclude new tax revenues from the cap without voter approval. SPUR states that the measure could affect the state's ability to raise revenue from other tax measures in the future. CalMatters reports, citing Kayla Kitson of the California Budget and Policy Center, that voters should not think of Propositions 41 and 42 as merely no votes on Proposition 40 because the measure would also require the State Auditor to conduct a pre-election analysis of any program set to be funded by a future tax measure and to recommend 10 percent cost reductions.S11S17S19
- Money on both sides, reported by sources that measure different things: the Secretary of State's compiled totals through 10/06/2026 report $58,376,446 in contributions to the one committee formed to support the measure and $703,494 to the one committee formed to oppose it. The Fair Political Practices Commission's top 10 contributors list for the November 2026 general election reports $58,371,807.92 in top aggregated contributions in support and, for a differently identified opposing committee, $32,346,200.51. Ballotpedia reports $92,294,499.50 in total support contributions and $340,225 in total opposition contributions through September 19, 2026, and in the same page's text says the support committees together reported $103.8 million. The largest reported funder on the support side is Building a Better California at $58,350,000 through the Commission's list, with Sergey Brin at $102,000,000, L. John Doerr, III at $30,000,000, Patrick Collison at $22,000,000, Eric Schmidt at $15,141,313.01 and Vinod Khosla at $12,561,504 on Ballotpedia's donor list for the committees supporting the measure and other measures. On the opposition side the largest reported funders are Service Employees International Union United Healthcare Workers West at $22,058,461.16 and Alan Davis at $250,000.S8S9S14S17
- Polling, reported as polling: Ballotpedia's table of 2026 polls on the measure records a Public Policy Institute of California poll of 1,103 likely voters conducted September 4 to 10, 2026 with support at 51 percent, opposition at 44 percent and 5 percent undecided, and a UC Berkeley Institute of Governmental Studies poll of 2,310 likely voters sponsored by the Los Angeles Times conducted August 3 to 9, 2026 with support at 35 percent, opposition at 37 percent and 28 percent undecided. CalMatters reports in its explainer on the five tax measures that a survey showed 51 percent support for Proposition 41. These are reported poll results, not predictions of the outcome, and the two polls differ substantially.S11S14
- What the vote decides and what it leaves open: the measure fixes the audit triggers, the four year audit cycle, the 10 percent savings recommendation requirement, the printing of audit summaries in the voter information guide, the reimbursement arrangement for audit costs, the prohibition on any state tax enacted or taking effect on or after January 1, 2026 being exempted or excluded from the Government Spending Limitation, the conflicting measures rule, severability, and the legal defense provision. It leaves to the Legislature and to the State Auditor the implementing statutes, the audit standards, the forms of the audits and the way public input is invited, to the Controller the determination of reasonable audit costs, and to the courts any dispute about whether Proposition 41 conflicts with Proposition 40 or with any other measure on the ballot and how the spending limit provisions apply. The Legislative Analyst states that the net fiscal effect is unknown because it depends on future decisions by voters, the Legislature and other policymakers.S3S7S17
Sources
- Proposition 41 Official Title and Summary (Official Voter Information Guide, November 3, 2026) California Secretary of State Accessed 2026-10-17
- Proposition 41 Analysis by the Legislative Analyst (Official Voter Information Guide, November 3, 2026) California Secretary of State and Legislative Analyst's Office Accessed 2026-10-17
- Proposition 41 [Ballot], Propositions on the November 3, 2026 Ballot Legislative Analyst's Office Accessed 2026-10-17
- Proposition 41 summary page (Official Voter Information Guide, November 3, 2026) California Secretary of State Accessed 2026-10-17
- Proposition 41 Arguments and Rebuttals (Official Voter Information Guide, November 3, 2026) California Secretary of State Accessed 2026-10-17
- Proposition 41 print version, Official Voter Information Guide (title and summary, analysis by the Legislative Analyst, argument in favor, rebuttal, argument against, rebuttal) California Secretary of State Accessed 2026-10-17
- Proposition 41 Text of Proposed Laws, Official Voter Information Guide (Article XXIV, Protecting Taxpayer Dollars, added to the California Constitution, and the Improving Transparency, Effectiveness, and Efficiency in California Government Act of 2026) California Secretary of State Accessed 2026-10-17
- Proposition 41 – Requires Audits of Programs Funded by New State Special Taxes. Prohibits New State Taxes that are Excluded from Existing Voter-Approved State Spending Limit. Initiative Constitutional Amendment., 2026 Ballot Measure Contribution Totals California Secretary of State (Cal-Access) Accessed 2026-10-17
- Top 10 Contributors List, November 2026 General Election California Fair Political Practices Commission Accessed 2026-10-17
- CA voter guide to Proposition 41: Tax audits, CalMatters California Voter Guide 2026 CalMatters Accessed 2026-10-17
- 5 tax measures are on the California ballot. Here's how to make sense of them all (published October 5, 2026) CalMatters Accessed 2026-10-17
- Proposition 41: Audits For New State Special Taxes, California Ballot Proposition Guides, November 3, 2026 General Election Institute of Governmental Studies, University of California, Berkeley Accessed 2026-10-17
- Prop 41 (2026), Spending Limits and Audits for New Special Taxes, CaVotes ballot measure guide League of Women Voters of California Education Fund Accessed 2026-10-17
- California Proposition 41, Prohibit Excluding New State Taxes from Spending Limit and Require Special Tax Audits Initiative (2026) Ballotpedia Accessed 2026-10-17
- Quick Reference Guide – Proposition 41 (Official Voter Information Guide, November 3, 2026) California Secretary of State Accessed 2026-10-17
- Yes on Proposition 41, campaign website of the committee supporting the measure Yes on 41 – Californians for Transparency and Accountability, A Coalition of Small Businesses, Taxpayers, Good Government Advocates, Accountants and Auditing Experts Accessed 2026-10-17
- What Would Proposition 41 Mean for California? (Kayla Kitson, September 2026) California Budget and Policy Center Accessed 2026-10-17
- Proposition 41: Auditing for new special taxes (Erin Rode and CalMatters, published October 15, 2026, updated October 16, 2026) LAist Accessed 2026-10-17
- CA Prop 41 – Audits of Special Taxes, SPUR Voter Guide 2026 SPUR Accessed 2026-10-17
- 2026 California Voter Guide: Proposition 41 KQED Accessed 2026-10-17