Broward will put school tax question on August ballot

South Florida Sun Sentinel | By Scott Travis | May 10, 2022

A Broward schools tax increase request will stay on the Aug. 23 primary election ballot, county commissioners decided Tuesday, even though most preferred for voters to consider it during the higher turnout November election.

The school district argued that’s not the county’s decision to make and threatened legal action if the county refused to allow voters to consider the question in August.

“If we were the governing body on this issue, I personally would put it on the November ballot. I think that makes sense,” County Commissioner Jared Moskowitz said. “I just think we’re not the governing body on that issue.”

The School Board is asking voters to expand a special school tax passed in 2018 to boost teacher pay, safety and security and mental health.

If voters approve, the tax would increase from $50 to $100 per $100,000 of assessed property. If it fails, property owners would no longer pay the $50 tax and the district would lose $115 million a year in revenues.

School district officials said they chose the August date to be consistent with what was done in 2018 and to have extra time to plan in case the referendum fails.

But some have accused the School Board of trying to bypass Republicans and independents by placing the item on a ballot where the main draw is a Democratic primary for governor.

“I think this will pass in November, and I think it makes a hell of a lot more sense to get complete buy-in from Broward County,” County Mayor Michael Udine said. “No one can come in later and say they pulled a trick and put this on a primary ballot.”

What authority the County Commission has on the matter is unclear. State statute says the School Board “shall direct the county commissioners to call an election. Such election may be held at any time.”

County lawyer Andrew Meyers said the language gives the County Commission no power to deny the referendum, but he thinks it has the discretion to move it to November, although a court would likely have to settle it.

“It’s not a slam dunk,” he said.

School District lawyer Marylin Batista argued the county’s role is merely ministerial.

“If the County Commission had the discretion to decide which election date applies, even after the School Board gives its express (and mandatory) direction, the County Commission could set an election date at any point in the future, including years from the date the School Board selected,” she wrote to the County Commission.

After a failed request by Udine to move the referendum item to November, the County Commission voted 7-1 to place it on the August ballot. Torey Alston voted no, saying his constituents oppose the measure.

This will be the last time the matter will be placed on a primary ballot. The Legislature passed a law this year that says future school district tax increases must be held during the general election.