Should California tax billionaires? How McClatchy Editorial Board sees Props. 40, 41 & 42

Opinion journalists for McClatchy Media conducted interviews with supporters and opponents of all 14 statewide propositions on your November ballot. The journalists then deliberated and decided how they would vote on each one, just as voters do. Proposition 40, the so-called billionaire tax, is the most controversial proposition on the ballot. Prop. 41 and Prop. 42 seek to nullify Prop. 40. In the articles linked below, the journalists explain their positions.

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Proposition 40: A one-time wealth tax tied to federal cuts

Prop. 40 would impose a one-time, 5% tax on the wealth of Californians worth more than $1 billion. Ninety percent of the proceeds would be reserved for healthcare; the remaining 10% would go to education, food assistance and tax administration.

The Bee’s endorsement is anchored to a specific fiscal threat. According to the California Budget & Policy Center, President Donald Trump’s federal budget bill — known as H.R. 1 — contains the largest cuts to healthcare and food assistance in U.S. history. The center estimates Medi-Cal cuts alone could cost California tens of billions of dollars and cause about 1.3 million Californians to lose healthcare access by 2030. KFF and the Commonwealth Fund have warned the federal cuts could force rural hospitals, community health centers and safety-net medical centers to shed workers and eliminate services, with those institutions standing to lose billions in revenue.

The revenue projections for Prop. 40 vary dramatically depending on who is modeling. Proponents predict about $100 billion. The nonpartisan Legislative Analyst’s Office projects California would probably collect only tens of billions. Stanford economist Joshua Rauh and other Hoover Institution researchers estimate the tax would collect roughly $40 billion — but claim it would ultimately cost California $25 billion, because they believe billionaires will leave the state, taking future income and capital gains tax payments with them.

The LAO, by contrast, projects behavioral changes — including the possibility of billionaires leaving California to avoid the tax — would probably reduce future state revenues by less than $1 billion annually.

The editorial board acknowledges California’s dangerous reliance on volatile revenues from its wealthiest residents, and the endorsement was not unanimous. But a majority concluded that waiting for a perfect federal fix is untenable while coverage disappears. “Billionaires have every right to fight a tax that could cost them billions,” the board wrote. “But voters should recognize the enormous political power that such wealth can buy and ask why so much of that power has been exercised through campaign committees rather than direct public engagement.”

Prop. 40 will almost certainly face litigation, particularly over its provision applying the tax to billionaires who were California residents on Jan. 1, 2026 — months before voters decide the measure. Courts have upheld many tax laws with retroactive provisions, but survival is not guaranteed. Proponents told the editorial board they anticipated litigation and built an accelerated judicial review process into the initiative itself.

The board’s conditional support comes with a demand: every Prop. 40 dollar should be publicly traceable through an online dashboard showing collection, allocation, which providers and programs received funds, and whether the spending actually preserved coverage, access and health outcomes. Lawmakers, the board argues, should use the breathing room to devise the permanent solution Prop. 40 cannot deliver.

Prop. 41: Transparency framing, nullification mechanics

Prop. 41 is marketed as a constitutional amendment adding transparency and accountability to ballot measures for special taxes — mandating audits for voter-approved special taxes and ongoing reviews every four years.

The editorial board calls this framing insidious. Prop. 41 is supported by Building a Better California, funded by Google co-founder Sergey Brin and other CEOs and entrepreneurs. One of its most important provisions would ban taxes on or after Jan. 1, 2026, that are exempt from state spending limits — and Prop. 40, as written, is exempt from state spending limits.

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That is the mechanism. If Prop. 41 collects more “yes” votes than Prop. 40, its provisions prevail under the California Constitution, and Prop. 40 is effectively voided.

“What’s insidious Prop. 41 is that it is presented as a good governance measure when it’s really about defeating Prop. 40,” the collective editorial boards wrote. The concern is asymmetric visibility: Prop. 40 has drawn significant attention, while Prop. 41 has not — exactly the dynamic a sophisticated nullification campaign would want.

The endorsement urges a no vote.

Prop. 42: The 401(k) decoy

Prop. 42 is pitched as a safeguard for personal property and 401(k) accounts, barring new state taxes on those assets and restricting certain retroactive taxes. The editorial board describes it bluntly as a poison pill.

The suggestion that any governor would raid middle-class retirement accounts, the board writes, is implausible — any governor who tried “would soon be unemployed.” Even the Legislature, which the board characterizes as inclined to spend more than it should, “knows not to mess with your 401(k).” Opponents also note it appears to be an unsettled legal question whether retirement accounts can be taxed at all, because no government has tried.

Prop. 42 would embed its restrictions in the California Constitution, leaving voters as the only route to change them. The board argues it would create “the illusion of permanently settling California tax policy on financial assets and other personal property” while in fact restricting the state’s future tax options — until the next constitutional amendment or competing voter-approved measure altered that policy.

The real function is familiar: if Prop. 42 collects more “yes” votes than Prop. 40, the wealth tax does not take effect.

“Prop. 42 is a poison pill designed to derail the real debate over a one-time wealth tax on billionaires,” the editorial board wrote. “Voters should reject the decoy and vote no.”

The summary points above were compiled with the help of AI tools and edited by journalists. The source reporting referenced above was written and edited entirely by journalists.

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