Watch Your (Ballot) Language

By: Joey Dauben | October 3rd, 2007

Fortunately, three elections in Midlothian will all utilize the same ballot. Unfortunately, ballot language voters approve on Election Day could have serious consequences for those who aren’t familiar with legal terminology: meaning, if a taxing entity wanted to, they could ask for something so broad that taxpayers would end up asking, “how did we get that?”

In the pitch for the 2004 Midlothian ISD bond, “high school renovations” didn’t mention anything at all about a basketball arena. The bond propaganda had no mention of a basketball arena. Proponents didn’t have detailed drawings of a basketball arena. Lo and behold, there sits now at my alma mater a beautiful basketball arena. Is that why that particular renovation project was 20% (reportedly) over budget?

Let’s take a look at the ballot language for the MISD bond on Nov. 6:

Proposition 1
“THE ISSUANCE OF $98,000,000 OF SCHOOL BUILDING BONDS FOR ACQUIRING, CONSTRUCTING AND EQUIPPING SCHOOL BUILDINGS OF THE DISTRICT AND THE PURCHASE OF NECESSARY SITES THEREFOR, INCLUDING CONSTRUCTING AND EQUIPPING A NEW HIGH SCHOOL, AND ACQUIRING LAND THEREFOR; AND THE LEVYING OF A TAX, UNLIMITED AS TO RATE OR AMOUNT, IN PAYMENT OF THE BONDS AND TO PAY THE COSTS OF ANY CREDIT AGREEMENTS EXECUTED IN CONNECTION WITH THE BONDS.”

I can already sense that this ballot language is going to be scrutinized even more: levying of an unlimited tax at any amount? Acquiring the land for this high school? Didn’t we already get told by the MISD that we have the land? What does the word “acquire” mean? Depends on the definition. Can school districts use eminent domain to “acquire” property? It’s a legitimate question.

What about “equipping?” That definition is so broad that you could “equip” that building with gold-plated floors if you wanted.

See how important ballot language is?

Proposition 2
“THE ISSUANCE OF $2,500,000 OF SCHOOL BUILDING BONDS FOR ACQUIRING, CONSTRUCTING AND EQUIPPING SCHOOL BUILDINGS OF THE DISTRICT AND THE PURCHASE OF NECESSARY SITES THEREFOR, INCLUDING CONSTRUCTING AND EQUIPPING AN AGRICULTURAL SCIENCE FACILITY, AND ACQUIRING LAND THEREFOR; AND THE LEVYING OF A TAX, UNLIMITED AS TO RATE OR AMOUNT, IN PAYMENT OF THE BONDS AND TO PAY THE COSTS OF ANY CREDIT AGREEMENTS EXECUTED IN CONNECTION WITH THE BONDS.”

Question: Why are land purchases included in the specific propositions and not the “land purchases” proposition? Same reasoning on the words for “acquiring” and “levying of a tax, unlimited as to rate or amount” apply to this proposition as well.

Proposition 3
“THE ISSUANCE OF $1,700,000 OF SCHOOL BUILDING BONDS FOR ACQUIRING, CONSTRUCTING AND EQUIPPING SCHOOL BUILDINGS OF THE DISTRICT AND THE PURCHASE OF NECESSARY SITES THEREFOR, INCLUDING ACQUIRING LAND FOR FUTURE SCHOOL SITES; AND THE LEVYING OF A TAX, UNLIMITED AS TO RATE OR AMOUNT, IN PAYMENT OF THE BONDS AND TO PAY THE COSTS OF ANY CREDIT AGREEMENTS EXECUTED IN CONNECTION WITH THE BONDS.”

Why aren’t all land purchases including in this proposition?