Prop. 40 opponents say the billionaire tax allows lawmakers to change the measure with a two-thirds vote. Prop. 40 opponents say the billionaire tax allows lawmakers to change the measure with a two-thirds vote.
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The Brief
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Billionaire tax and slippery slope?
A man's shirt and sticker are displayed at the Billionaire Tax Now booth at the 2026 California Democratic Party State Convention in San Francisco in 2026.(Jeff Chiu/AP Photo)Topline:
Fact check: This is only partially true.Opponents of Proposition 40 have a message for voters: Don’t be fooled. The billionaire tax is a “Trojan horse” for new taxes on all Californians, ads proclaim. But is that true?
Tucked into the initiative is language granting the Legislature authority to amend the tax by a two-thirds vote “if the statute is consistent with and furthers the purposes of the 2026 Billionaire Tax Act.” Opponents argue lawmakers and a future governor could, with the stroke of a pen, expand the wealth tax to people with far less than $1 billion.
In a high-tax state, that argument could hold a lot of sway with voters.
Service Employees International Union-United Healthcare Workers West put Prop. 40 on the ballot; the initiative would levy a one-time, 5% tax on billionaire’s assets. The union rejects the premise of the ad. It says the tax is limited to billionaires and any legislative amendment would have to hew closely to that purpose. Dave Regan, president of SEIU-UHW, said opponents’ ads are pure scare tactics.
“The billionaire tax is a tax on billionaires. Period. If you’re not a billionaire, you don’t pay the tax,” Regan said in a statement to CalMatters.
Rob Lapsley, president of the California Business Roundtable, the group that paid for the ad, said the message was meant to highlight the policy implications of a wealth tax and the power Prop. 40 gives lawmakers.
“Californians deserve to understand those issues and what they could mean for taxpayers and the state’s economy,” Lapsley said in a statement.
A separate, billionaire-backed group opposed to Prop. 40 has also said the initiative “gives politicians the power to expand the tax to anyone.”
The truth lies somewhere in between.
California courts have given lawmakers real authority to amend laws created by ballot initiatives if the original text of the initiative permits it. However, that power is not unlimited and the measure includes language restricting future legislative changes, said Michael Colantuono, an attorney with expertise in state election law.
Opponents’ ads also don’t mention that Prop. 40 writes the tax into the state Constitution, not just state law, so expanding it would likely require another trip to the ballot.
Legislative authority
Legal experts agree that if Prop. 40 passes, lawmakers would be able to make certain amendments without taking it back to voters.
The state Constitution allows the Legislature to amend a ballot initiative without another vote if the initiative permits it. That’s a relatively common clause in ballot measures, and Prop. 40 includes it.
Megan Jones, a tax attorney at Holland & Knight, said proponents’ claims that the tax could never be changed are disingenuous.
“If it’s going to further the purposes, then they could,” Jones said.
For example, voters passed the Political Reform Act, which governs campaign finance and lobbying rules, in 1974 and lawmakers have amended it almost continually since.
Similarly, lawmakers have amended the Mental Health Services Act, a voter-approved 1% income tax on millionaires, 10 times since its passage in 2004. None of those amendments adjusted the tax rate. Most recently, lawmakers voted to substantially alter how the state spends mental health money and raise additional bond funds. Those changes went back to voters in 2024 as Proposition 1.
But there isn’t always a clear line for when voters need to approve changes, experts say.
“It is common for the Legislature to make amendments,” Colantuono said. “It is (also) common for there to be disputes about those amendments.”
‘Furthers the purposes of’
“Ultimately, it ends up in court,” said Chris Parker, a principal tax attorney at the firm Baker Tilly.
The California Supreme Court ruled in a 1995 case that the Legislature may amend voter-approved laws if the changes can be interpreted as furthering voters’ original goals “by any reasonable construction” — giving lawmakers broad latitude.
In 2021, the state Supreme Court held that the Legislature appropriately amended Proposition 57, a criminal justice reform measure, by barring the transferring of minors under 16 to adult court. Justices cited the 1995 case, noting that “a strong presumption of constitutionality supports the Legislature’s acts.”
Still, the language of the proposition matters.
A few years earlier, in 2019, the Third District Court of Appeal held that a legislative attempt to allow public funding of political campaigns “directly conflicts with a primary purpose” of the Political Reform Act. Lawmakers responded by passing a new bill asking voters to weigh in directly — it appears on this year’s ballot as Proposition 4.
Judges look at two things, Coluantuono said: what reasonable voters thought they were approving, and whether later legislative changes helped that goal, or got in the way.
Certain provisions of Prop. 40 would make it difficult for lawmakers to expand the tax beyond billionaires. The 1995 case established that courts may weigh the language of a ballot measure, arguments printed in the voter guide, and historical context when deciding whether change is consistent with voter intent.
Prop. 40’s purpose and intent section says the measure is meant to support healthcare and education “by raising revenue from a one-time tax on billionaire wealth” — referencing billionaire wealth three times. The voter guide arguments similarly target “approximately 200 California billionaires.”
“They could probably adjust the structure of the tax in marginal ways, but what they couldn’t do is make it a more than a one-time tax, and they probably couldn’t lower the threshold on wealth,” Coluantuono said.
Opponents contend lawmakers could interpret the purpose of the act far more broadly, and a court would agree. They point to the first listed purpose of the initiative that says the tax is meant to “protect access to high quality, equitable health care, and to support funding for kindergarten through grade fourteen public education and food assistance programs.” Opponents also say the proposal gives the Legislature the authority to change all parts of the initiative, including the constitutional provisions.
“Prop 40’s findings and statement of purpose and intent were carefully crafted to ensure that
extending the tax to non-billionaires would be consistent with the measure,” said Kurt Oneto, a lawyer for the No on 40 campaign, in a statement.
Experts said the question would likely come down to how a court read the act’s purposes.
A separate concern: how do you prove wealth?
Should Prop. 40 pass, it would create an entirely new tax structure in California — one that assigns a value to very wealthy people’s investments, public and private businesses, as well as personal property such as art or car collections.
Valuing something like a tech startup that hasn’t produced a product or gone public could prove especially difficult, Parker said.
“The excise tax that’s being proposed here is on potential,” he said. “The question then is, if we open the door to taxing potential, when does that stop?”
Lawmakers have periodically tried to pass wealth taxes, but the bills quickly stalled. This marks the first time voters will directly decide on one, making Prop. 40 a crucial test of how much appetite Californians have for his kind of tax structure. Jones said the bigger worry isn’t the tax itself, but other taxes that could follow.
“It’s a slippery slope,” she said.
Coluantuono said it would still be politically risky for lawmakers to try to implement a wealth tax on everyday Californians, but history shows temporary taxes have more than once become permanent.
“When we get a revenue stream in the government and we start spending it on services that people value… there’s tremendous political pressure to prevent the sunset,” he said.
Supported by the California Health Care Foundation (CHCF), which works to ensure that people have access to the care they need, when they need it, at a price they can afford. Visit www.chcf.org to learn more.
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Plans are being slashed. What to know
(Jim Watson/AFP via Getty Images)Topline:
Why it matters: More than half of the 70 million Americans in Medicare choose Medicare Advantage. It's popular because it covers services like vision and dental, often with lower premiums than traditional Medicare. It also often folds in the "Part D" drug benefit, simplifying that decision.A slew of Medicare Advantage plans are disappearing for next year, leaving seniors in many areas with fewer options. In 193 counties across the country, no plans are offered at all.
Why now: Medicare's annual open enrollment period kicked off October 15 and runs until December 7, and seniors enrolled in those privatized Medicare plans that are closing in certain markets should carefully review their options.
Read on to learn about options if your Medicare Advantage plan is ending.
A slew of Medicare Advantage plans are disappearing for next year, leaving seniors in many areas with fewer options. In 193 counties across the country, no plans are offered at all.
Medicare's annual open enrollment period kicked off October 15 and runs until December 7, and seniors enrolled in those privatized Medicare plans that are closing in certain markets should carefully review their options.
Medicare Advantage means private insurers run Medicare for older Americans who choose it over traditional Medicare, where the federal government itself administers the program. More than half of the 70 million Americans in Medicare choose Medicare Advantage. It's popular because it covers services like vision and dental, often with lower premiums than traditional Medicare. It also often folds in the "Part D" drug benefit, simplifying that decision.
But a downside of Medicare Advantage is that companies can pick and choose where they offer plans. If a certain community is not profitable, a company can leave that market. And that has been happening on an increasingly large scale the last three years, according to research published in JAMA.
Who is affected
Big swaths of rural America are losing Medicare Advantage choices and so are some major metro areas.
Last year, 2.9 million seniors were in Medicare Advantage plans that closed up shop, according to JAMA. This year, an analysis of insurance company announcements by An Arm and A Leg podcast, shows at least 2 million people will be affected. Other preliminary estimates range from 3.2 million to 5 million seniors. About 35 million people are enrolled in Medicare Advantage.
According to an analysis of federal data by the health policy research organization KFF, the 193 counties that will have zero Medicare Advantage plans are mostly rural. Last year that number was about 120 counties without a plan offered.
KFF's numbers also show that there will be far fewer plans offered in some metro areas. Dallas, Minneapolis, Seattle, Houston and Portland all have between a quarter and a third fewer Medicare Advantage plans for seniors.
What happens next
If your plan is ending, and you don't choose another, the insurance company will assign you to another Medicare Advantage plan or the government will enroll you in traditional Medicare — but without a supplemental or drug plan.
If you want to switch from Medicare Advantage to traditional Medicare and your plan is ending, you can enroll in a Medicare supplemental plan — also known as Medigap — without the same restrictions that you would normally have. If you have a pre-existing condition that has prevented you from enrolling in Medigap before, that could be good news.
Another wrinkle this year is that insurance companies can cap enrollments on some of the Medicare Advantage plans that they do offer.
Which means: If you wait to sign up, a plan you want might already be full.
The companies are supposed to enroll people on a first-come, first-serve basis — and not cherry-pick customers based on health conditions, age, or demographics.
Another reason not to delay is that with so many people on the hunt for new plans, it may take longer than usual to get help.
How and where to find help
Here are some tips for navigating Medicare open enrollment this year:
- Find out if your plan is still offered: First, check your mail. Medicare Advantage plans that are closing should have sent letters the first week in October. You can also log in to your account on Medicare.gov to check your plan's status for next year.
- Try calling your SHIP: There's a State Health Insurance Assistance Program — known as a "SHIP" — in every state to help seniors with Medicare. The name's not easy to remember or particularly descriptive, but it's free, mandated by the federal government, and the staff and volunteers are required to give you unbiased information on all available options. Find your state in the directory at shiphelp.org. Your county may have a specific number that you can find on your state's SHIP website.
- Look for local Medicare counseling services: Friends, family, leaders at your place of worship, and the constituent services of your local elected officials may have the scoop on where you can get one-on-one help. The nonprofit Medicare Rights Center also has a national helpline, and a well-organized library of online guides.
- Brokers can be helpful, but be savvy: You want a broker who's going to talk with you about all your options — including switching to traditional Medicare and a supplemental plan. Ask if they sell plans from all available insurance carriers. And ask if they answer questions about your plan year-round, because insurance never stops being confusing.
- Double check what you see on Medicare.gov: Medicare's Plan Finder allows you to search plans online. But lists of doctors and drugs that are covered can sometimes be wrong. To be safe, double check with your doctor's office or a SHIP counselor, broker, or other Medicare assistor.
- Don't share your personal information with services you find online: Be careful where you share your personal information like your phone number. Some online agencies will sell your information, leading to spam calls and potentially even scam artists.
- Be mindful of the deadlines: Open enrollment for Medicare runs October 15, 2026 through December 7, 2026. The coverage starts January 1, 2027. If your plan is ending, you qualify for a "special enrollment period" to give you a little more time — until February 28, 2027. (For coverage that starts January 1, 2027, enroll by December 31.)
Emily Pisacreta is the senior producer for An Arm and a Leg, a podcast about the cost of healthcare produced in partnership with KFF Health News and distributed by KUOW, Seattle's NPR member station.
Copyright 2026 NPR
- Find out if your plan is still offered: First, check your mail. Medicare Advantage plans that are closing should have sent letters the first week in October. You can also log in to your account on Medicare.gov to check your plan's status for next year.
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Sponsored message
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DoJ sent letters to multiple CA counties
People wait in line to cast ballots during early voting at a polling station in Black Mountain, North Carolina, on Friday.(Allison Joyce/AFP via Getty Images)Topline:
Federal prosecutors sent letters to county registrars across California on Friday demanding that local officials set aside and verify ballots that the Department of Justice said may belong to noncitizens, according to the Los Angeles County registrar and a letter obtained by The Associated Press.
Why now: The letters are the latest escalation in a legal battle between California and President Donald Trump’s Department of Justice, which has recently focused on the state in its efforts to root out noncitizen voting ahead of the midterm elections. Data shows illegal voting by people who aren’t U.S. citizens is incredibly rare, difficult to prove and has not been shown to change the outcome of races.
The backstory: The letters on Friday came on the heels of statewide sweep by federal authorities earlier in the week, where 28 people from the list of 20,000 were charged with illegally registering to vote. Some were also charged with illegally voting and lying on naturalization paperwork. Those charges could lead to years in prison.
Federal prosecutors sent letters to county registrars across California on Friday demanding that local officials set aside and verify ballots that the Department of Justice said may belong to noncitizens, according to the Los Angeles County registrar and a letter obtained by The Associated Press.
The letters are the latest escalation in a legal battle between California and President Donald Trump’s Department of Justice, which has recently focused on the state in its efforts to root out noncitizen voting ahead of the midterm elections. Data shows illegal voting by people who aren’t U.S. citizens is incredibly rare, difficult to prove and has not been shown to change the outcome of races.
Earlier this month, the federal government targeted Los Angeles County and the California Secretary of State’s office in a lawsuit that aimed to block them from counting the votes of roughly 20,000 people who are “likely” noncitizen voters. A hearing on the case is scheduled for Tuesday.
The Trump administration asked the 9th Circuit court of appeals to rule on the lawsuit barring a decision from the district judge assigned to the case. They set a deadline for Saturday.
Now, according to the LA County registrar’s office, at least 18 counties across the state have received similar letters. They have been given a 48 hour deadline to provide identifying information corresponding with ballots that the federal government believes were sent to noncitizens illegally registered to vote. The letter requests that county officials also sequester any ballots where citizenship cannot be verified.
“Any election official who knowingly processes the ballot of a noncitizen is opening themselves to legal jeopardy,” said First Assistant U.S. Attorney Bill Essayli.
The Justice Department is asking counties to send information about the voters it suspects are noncitizens including social security numbers, ID information, a copy of their registration and more.
That information can help the government and state quickly assess each person suspected of illegally registering to vote, said the letter sent to San Bernardino County voting officials. The letter says the government’s list of suspected noncitizen voters includes 1,133 people from the inland Southern California county.
California’s secretary of state and the Los Angeles County registrar have opposed the federal government’s demands. In legal filings, lawyers for California say the request threatens to delay the certification of the vote and undermine the legitimacy of the November midterms. They have also argued that the federal government’s data is unreliable and that their demands risk disenfranchisement of citizens.
Voting is underway in California, with the state’s more than 23 million registered voters receiving ballots in the mail earlier this month. The state said in legal filings that over 330,000 mail-in ballots have already been counted.
The letters on Friday came on the heels of statewide sweep by federal authorities earlier in the week, where 28 people from the list of 20,000 were charged with illegally registering to vote. Some were also charged with illegally voting and lying on naturalization paperwork. Those charges could lead to years in prison.
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Union asks for strike authorization
A cyclist rides through campus at Cal State Long Beach in Long Beach on July 25, 2022.(Pablo Unzueta/CalMatters)Topline:
The California State University faculty union is asking its members to authorize a strike.
Why now: This summer, the California Faculty Association declared an impasse after 16 months of negotiation with the CSU. The union’s president said university officials negotiating with the union have “not been honest agents.”
Why it matters: The union, which represents 29,000 professors and other university employees, is seeking salary increases, changes to faculty workloads and protections related to the use of artificial intelligence.
The California State University faculty union is asking its members to authorize a strike, as negotiations with the California State University system remain stalled.
This summer, the California Faculty Association declared an impasse after 16 months of negotiation with the CSU. The union’s president said university officials negotiating with the union have “not been honest agents.”
If a majority of members approve the strike authorization, voting from Oct. 26 through Nov. 19, CFA leadership would be authorized to call a strike.
The union, which represents 29,000 professors and other university employees, is seeking salary increases, changes to faculty workloads and protections related to the use of artificial intelligence.
In recent weeks, CSU has reached tentative agreements with three unions: the Statewide University Police Association, the United Auto Workers Local 4123 and Academic Professionals of California. Together, the agreements cover 14,000 university employees.
The tentative agreements, which must be approved by union members and CSU’s Board of Trustees, include an 8% salary increase over two years, along with one-time raises negotiated by each bargaining unit.
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A local social club wants to help
Attendees of the 2026 Tall Clubs International convention in front of Universal City Walk.(Courtesy Michele Cripps and William Walter Wiseman II)Topline:
There's an international club for tall people that started in Los Angeles. It's also a little bit of a support group. And yes, it can be tough to be tall. I am 6 feet, hear me out.
Why it matters: Complaining about being able to see over a crowd may sound silly, but height can be a love-hate relationship for many people, particularly towering women and children who feel like they just don’t fit in.
Why now: Well, that’s where a worldwide social club for tall people comes in, but whether it'll survive to its 100th birthday is in question.
Read on ... to learn more, including how to join.
It can be tough to be tall. I am 6 feet, hear me out.
And yes, complaining about being able to see over a crowd may sound silly. But height can be a love-hate relationship for many people, particularly towering women and children who feel like they just don’t fit in.
Well, that’s where a worldwide social club for tall people comes in, but whether it’ll reach its 100th birthday is in question.
Tall Clubs International is an organization spanning more than a dozen states and several countries that offers tall adults a chance to connect and commiserate. The original chapter, founded in Los Angeles in 1938, is called the California Tip Toppers.
Tall Clubs International
How to get involved
- You can learn more about Tall Clubs International here, including the original 1938 article that sparked the organization.
- You can find your nearest chapter and contact information here.
- California Tip Toppers have higher height requirements than some of the other chapters.
- You can learn more about becoming a “member-at-large” or starting a new tall club in your town here.
Tall Clubs International also does philanthropic work.
- You can learn more about scholarship opportunities for tall students here.
- Tall Clubs International raises money for the Marfan Foundation. Marfan syndrome is a genetic connective tissue disorder that club officials say typically comes with tall people. You can learn more here.
To get into the L.A. group, men have to be 6 feet 4 inches or taller, and women have to be at least 6 feet. One of the tallest members of the organization is 7 feet 2 inches, and honestly, I couldn’t help but perk up at the opportunity to feel short for once in my life.
At 13, I was still growing at 5 feet 10, towering over almost every kid in my freshman high school class. One of the first questions people still ask me is whether I played volleyball or basketball, and I’ve learned to laugh at the look they get when I say I preferred theater.
“People see how tall you are, they expect ‘Oh, you're going to be great on the basketball court,’” said Michele Cripps, a 6-foot-1 member of the California Tip Toppers, who joined in 1996. She's married to William Walter Wiseman II, a fellow member. “Well, I'm sorry, white girls can't jump sometimes, and I'm one of them.”
Some of the tall club members are generational, encouraged to join by their parents or older relatives, which has started to pose its own problems as the chapters get older.
What’s the big deal anyways?
William Walter Wiseman II and Michele Cripps at the 2026 Tall Clubs International convention in Hollywood.(Courtesy Michele Cripps and William Walter Wiseman II)The chapters became a way for tall people to trade practical tips, like which stores sold pants that actually covered your ankles or shoes that didn’t need to be specially made.
“I was always being kidded about my pants being too short or my clothes not fitting correctly,” said Wiseman, who's nearly 6 feet 9 and also wasn’t much of a basketball player. “And as I grew as an adult, people are a little bit afraid to approach people that are tall.”
Wiseman has a good sense of humor about his height, cracking jokes that I’ve added to my arsenal when answering “how’s the weather up there?” But he doesn’t gloss over the pain points either — Wiseman can’t fit into cars or roller coasters, hotel beds are never long enough, and airplanes can be an expensive nightmare.
“It's not just the socialization of being tall, but it's also the physicality of it,” he said. “It's almost a handicap to be tall.”
Members of the Tall Club of Orange County at the 2026 convention.(Courtesy Michele Cripps and William Walter Wiseman II)Cripps said she was a skinny kid, but she couldn’t help but feel “huge” growing up a head above everyone else, which hurt her young self-esteem and made dating more difficult.
The clubs gave them both a chance to see eye to eye with a room full of people for the first time, and potentially even find a partner. Wiseman’s parents met in the Dayton Altitudians tall club in Ohio, decades before Wiseman and Cripps met through their own California clubs.
“The people that married inside the club stayed married,” said Wiseman, who lives in Torrance with Cripps. “The people that married outside of the club got divorced.”
A Dayton Daily News clipping of William Walter Wiseman II's father measuring tall teens in the Dayton, Ohio area from November 19, 1958.(Courtesy William Walter Wiseman II)Future of the club in question
But now, the California Tip Toppers is having trouble bringing in new, younger members — a recruitment crisis that’s essentially dissolved groups in other areas, Wiseman said.
Members of the California Tip Toppers at the 2026 convention.(Courtesy Michele Cripps and William Walter Wiseman II)“We're facing the same challenges like all other clubs,” Cripps and Wiseman said, jumping in to finish each other’s thoughts. “Some of it could be generational. Some of it's that since COVID, the clubs have not been quite as active as they used to be. Some people [don’t have] homes to open up anymore … and we're all getting older.”
The club is at a crossroads: Get new members on board or fade away. The couple seems to have made it a mission to rejuvenate the California Tip Toppers, but Cripps was frank when she said they’re not sure how to get more people involved, whether it's fresh events or outreach opportunities.
At the end of the day, they’re hoping the club and the community it fosters can help others learn how to “stand tall” and be proud.
“It’s a challenge, but it’s something that was given to us,” Cripps said. “I say as I've aged, I should have listened to my mother, I should have stood up tall.”
Moms everywhere, mine included, rejoice.
“Everybody wants to be something different than they have,” Cripps continued. “So, try and embrace what you have. Life is too short, and it goes too quick.”