Prop. 40: The billionaire tax has fallen behind
What it does. A one-time 5% tax on the net worth of California billionaires. Unlike an income tax, it reaches the value of stock, private businesses and collectibles, including gains that haven't been sold. Real estate and some retirement assets are excluded. Ninety percent of the money goes to health care, and the rest to education and food assistance.
The tax applies to anyone who was a California resident on January 1, 2026, not on Election Day. That provision is central to the measure, and it's one reason passage would almost certainly bring litigation. Six billionaires reportedly left before the cutoff.
The LAO projects a temporary gain in the tens of billions of dollars, offset by a possible ongoing income tax loss of under $1 billion a year as some billionaires leave or change behavior. Proponents' $100 billion estimate is their number, not a guaranteed collection.
Who's lined up. SEIU-United Healthcare Workers West is the sponsor and main funder. Bernie Sanders and Ro Khanna are prominent backers, and the California Democratic Party has endorsed (by a hair).
But Gavin Newsom, Xavier Becerra and Steve Hilton all oppose it. So do the California Teachers Association, the California Medical Association, Planned Parenthood affiliates, firefighters and the building trades. Newsom has pitched a national billionaire tax aimed at loans taken out against assets as his alternative.
That split is what's moving the numbers. These groups give the No side messengers voters won't dismiss as the wealthy protecting their fortunes. Their argument: California would collect a large sum once while eroding the income tax base that funds programs every year. Supporters answer that federal health care cuts are arriving now, and critics haven't offered another way to cover them.
Polling. Both October polls have it losing. PPIC's Mark Baldassare said support has declined "particularly among Democrats and independents." In the Bay Area, PPIC found support fell from 58% to 49%. What's left of the Yes coalition is younger, lower-income and more Latino. In PPIC's survey, 70% of likely voters 18 to 34 support it. IGS's Mark DiCamillo noted that undecided voters tend to break no, and the IGS undecided pool is down to 8%.
Money. Building a Better California, the committee bankrolled largely by Google co-founder Sergey Brin, has raised $333.1 million. Brin alone has put in at least $102 million.
The SEIU-UHW committee backing 40 and opposing 41 and 42 has raised $32.9 million, one fund for all three fights.
Our read. Prop. 40 is now more likely to fail than pass. A new tax polling below 50% a week out rarely recovers, and the No side has the money to keep pressing through Election Day. The Yes campaign's path runs through younger and Latino voters, the groups where support is strongest and midterm turnout is usually weakest. Early returns, which skew older and toward homeowners aren't likely to help.
Props. 41 and 42: The countermeasures are now the bigger question
Opponents never counted on defeating Prop. 40 alone. They also funded two constitutional amendments that could block it and would reshape California's tax rules well beyond this election.
How they interact with Prop. 40. The conflict rule only kicks in if Prop. 40 and a countermeasure both pass. In that case, the one with more yes votes wins. So Prop. 40 can win a majority and still lose. Expect litigation either way.
With Prop. 40 trailing, the scenario we flagged three weeks ago is now the one to plan around: voters reject the billionaire tax and approve one or both restrictions anyway. That would do more than defeat one tax. It would narrow the state's options for future revenue measures.
Prop. 41 pairs an accountability message with a real fiscal restriction. It requires the State Auditor to review new special taxes before the election and audit the programs they fund afterward, including identifying possible cuts. It also voids new taxes, enacted after January 1, 2026, that exempt their revenue from the state spending limit. Prop. 40 has that exemption, so it would conflict automatically. Supporters include CalCPA, the CalAsian Chamber of Commerce and the California Taxpayers Association. SEIU-UHW and Sanders oppose it.
Prop. 42 is the more direct ban. It prohibits new state taxes on owning personal property, including businesses, investments and art, and bars retroactive taxes. It doesn't repeal income taxes or touch capital gains taxes when assets are sold.
Supporters include California Professional Firefighters, the State Building and Construction Trades Council and AMVETS. Its public pitch is about protecting savings and retirement, which can reach voters who would never owe Prop. 40.
Polling. This is where IGS saw the biggest movement. Voters who were undecided in September have mostly broken no.
- Prop. 41: PPIC 48% to 49% (was 51–44). IGS 38% to 47% (was 37–33).
- Prop. 42: PPIC 51% to 47% (was 54–43). IGS 43% to 45% (was 43–34).
Money. Yes on 41 has reported $58.4 million and Yes on 42 $128 million. Opposition committees have reported about $22.7 million against each, almost all of it the same SEIU-UHW fund.
Our read. Prop. 42 is the one to watch. It's the better-funded of the two, its savings-and-retirement pitch reaches voters who would never owe the billionaire tax, and it's the only one still above 50% in either poll.
Prop. 41 looks weaker. For clients, a Prop. 42 win would be the most durable result on this ballot. It's a constitutional amendment, so undoing it would take another statewide vote.
Prop. 3: Keeping an existing tax is easier than creating a new one
What it does. Makes permanent the higher income tax rates voters approved in 2012 and later extended. They otherwise expire in 2031. It's called the "millionaire's tax," but the threshold starts at about $371,000 for individuals, adjusted for inflation. The official estimate is that it keeps $5 billion to $15 billion a year in state revenue once the current authorization would have run out.
This isn't a rate increase, and a No vote wouldn't pull money from next year's budget. The question is whether an existing revenue stream becomes permanent.
Who's lined up. CTA leads the campaign, joined by education and labor groups, the state PTA, Planned Parenthood affiliates and the California Medical Association.
Opponents include the California Taxpayers Association, the Family Business Association and the California Hispanic Chambers of Commerce.
Polling. IGS 54% to 37% (was 54–34). PPIC 58% to 41% (was 58–40).
Money. Committees supporting it have reported $81.1 million. CTA is the top donor.
The only opposition committee, sponsored by the California Taxpayers Association, has reported $5,500.
Our read. Prop. 3 barely moved while Prop. 40 fell, which is about the clearest sign voters are separating an existing tax from a new one. Continuity, familiar beneficiaries and a lopsided money fight make it the safest tax measure on the ballot.
It's a useful reminder that opposing the billionaire tax isn't the same as opposing higher taxes on wealthy Californians. CTA and CMA are making that distinction explicitly, and voters appear to be following.
Prop. 43: A compromise its own author wants voters to reject
What it does. Raises the vote needed to pass citizen-initiated local special taxes, those dedicated to a specific purpose like housing, transit or public safety, from a simple majority to two-thirds, starting January 1, 2027. Special taxes placed on the ballot by local governments already need two-thirds.
It came out of a deal that pulled a broader Howard Jarvis Taxpayers Association initiative off the ballot. That version would have also cut real estate transfer taxes and revoked some taxes already passed by simple majority, such as LA's "mansion tax." Assemblymember Buffy Wicks wrote the compromise language, then said days later that she's "adamantly opposed" to it.
Who's lined up. Howard Jarvis and the California Business Roundtable support it.
Cities, labor (including California Professional Firefighters) and affordable housing advocates oppose it.
Polling. IGS 36% to 46% (was 31–40, with 29% undecided). PPIC 42% to 55% (was 43–51).
Money. Yes has reported $16.4 million, with about $10 million of the early money from the Business Roundtable's PAC. No has reported $10.4 million.
Our read. Likely to fail. Undecided voters in IGS split close to evenly, which isn't enough for a measure that started 9 points down. Its real impact, if it somehow passed, would fall on the next round of local funding measures, since it doesn't apply retroactively.
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