Thanks to a lawsuit filed on behalf of a group of residents, a proposition that will maintain the current extra 1-cent sales tax in National City for another 20 years is being rewritten to make it more direct and clear on the November ballot, according to a recent court ruling.

In the original language in Proposition D that National City had submitted to the Registrar of Voters for the November elections, it read:

A lawsuit filed by local lawyer Edward Teyssier on behalf of two National City residents, argued that the ballot question put too much emphasis on public services instead of asking voters directly if they wanted to continue for 20 more years with the 1 percent sales tax that was approved by voters in 2006 and is due to expire in 2016.

In a ruling, the judge said that the proposition title and question should be changed to the following, making it more neutral and straightforward:

“National City Extension of 1% Transaction and Use Tax Measure. Shall National City continue its existing voter-approved one-cent sales tax for 20 years with Citizens’ Oversight, annual independent audits, all money kept in National City, with no increase in the tax rate; to maintain National City’s public safety and prevent cuts to City services such as police and fire protection; gang/drug prevention; graffiti removal; street/pothole repair; and senior and library program; and other City services.”

Teyssier said that the new language is a major improvement, and, although the lawsuit was asking for more changes, he said he’s glad the judge was able to see that the original language was “biased.”

Herman Baca, one of the National City residents who participated as a plaintiff in the lawsuit, said that this ruling is a “partial, but significant victory for National City’s poor residents and voters.”

The court ruled that “Petitioner Myserth and Baca have submitted clear and convincing proof that the Ballot title and question are misleading and must be amended, and that the City Attorney Impartial Analysis of Proposition D must also be amended accordingly.”

Baca argues that although the city government wants to make it seem as if city public services will suffer and will face major cuts if Prop. D is not approved, he said that the main reason for the city to wanting to keep the sales tax is the city pension system. He said that National City is the poorest city in San Diego County and the city with the highest sales tax.

“In essence the court has ruled that the one cent increase is not for ‘city services’ as has been claimed by the mayor,” said Baca, who is urging voters to vote No on Prop. D. “They’s using scare tacticts against voters to claim that the funds were needed for police, firemen, libraries, et cetera.”

National City Mayor Ron Morrison disagrees, and affirms that Prop. D should be approved because the 1-cent sales tax represents 24 percent of the city’s budget. He reaffirmed that city services, such as police and fire services, will suffer if the proposition is not approved in November.

For Baca, the bottom line is that, historically, National City officials have taken advantage of its residents, which are, in their majority, working-class Latino and Filipino families.

“The political issue is: Who represents the interests of National City poor?” Baca asks.