Petition seeking no Topeka tax hikes without a public vote passes minimum signature margin

A petition drive aimed at banning Topeka’s city government from raising property taxes without a public vote has gotten more than 3,100 signatures, which is above the minimum number of 2,795 needed, its leader says.

But participants plan to keep gathering signatures until they have 4,000 or 5,000, petition drive leader Earl McIntosh told The Capital-Journal on Wednesday.

The additional signatures will send a message to city leaders about the strong support the petition enjoys while also ensuring it has enough signatures to offset any that might be ruled invalid if some people who sign it are found to not be registered Topeka voters, McIntosh said.

The proposal involved would ban Topeka's city government, without a public vote, from assessing more property taxes in any given year than it collected the previous year.

If the petition is submitted and found to have enough valid signatures of registered Topeka voters, the mayor and city council would have 20 days to either pass the ordinance involved or vote to call a special election on it, unless a regular city election is scheduled within 90 days, city attorney Amanda Stanley said in February.

What changes are being sought?

The petition calls for the passage of an ordinance that would ban the city from bringing in more property tax revenue than the "revenue neutral" amount it brought in the previous year, unless voters approve such an increase in a ballot question election, McIntosh said.

The proposed ordinance's passage would prevent the city for 10 years from raising property taxes above the revenue neutral amount without the public's voting to do that, he said.

The proposed ordinance also outlines the steps the city would need to take if it wanted to raise taxes.

"The City Council shall present the proposed increase amount in terms of aggregate and percentage to the public with transparent information detailing the reasons and impact of the proposed tax hike," the proposal says. "In the event the public vote does not authorize an increase beyond the revenue neutral rate, the City of Topeka is obligated to reduce the mill levy to maintain revenues at the revenue neutral level."

Petition gatherers have expressed pride in the fact that they're carrying out "the essence of our democracy," McIntosh said.

What authorizes Topeka petition carriers to do what they're doing?

The petition drive is following the rules spelled out by KSA 12-3013, McIntosh said.

KSA 12-3013 outlines the state's process for initiative and referendum, Stanley said.

"The initiative process allows voters to propose, or initiate, a local law or action by filing a petition signed by a specified number of voters," she said.

How many signatures are needed?

Topeka is a city of the first class. McIntosh said 11,177 people voted in last year's city's election, with 25% of that — or 2,795 signatures — consequently being required under Kansas statute for the petition to be valid.

McIntosh said he is still looking for people to gather signatures.

He asked anyone interested in doing that, or in signing the petition, to call him at his home at 785-267-7311 or stop by during regular business hours at his office at 2816 S.W. Gage Blvd.

McIntosh is self-employed. He and his wife have lived in Topeka for more than 30 years.

Might this proposal face a legal challenge?

Even a proposed ordinance that has a sufficient number of signatures and has been deemed a valid petition is required to be evaluated for any potential legal defects, Stanley said.

If the petition contained a legal defect or addressed "invalid subject matter," the mayor and council could choose to challenge it through the courts, Stanley said.

The mayor and council could also refuse to submit the question for election if it violated the constitution, she said.

Courts have "repeatedly" struck down petitions that violate subsection (e) of KSA 12-3013, Stanley said.

That says the initiative and referendum law does not apply to administrative ordinances, ordinances relating to public improvements to be paid in whole or in part by special assessments and ordinances subject to referendums under other statutes.

McIntosh said petition drive participants intend to contest any legal challenges the city might make but were "keeping their cards to themselves" about what steps they might take.

Contact Tim Hrenchir at threnchir@gannett.com or 785-213-5934.

This article originally appeared on Topeka Capital-Journal: Tax-linked Topeka petition drive exceeds minimum signature threshold