Measure A FAQ: Who Has the Burden of Proof?

Under Measure A, the burden of proof is on the property owner. You have to file proof every year you're entitled to any of the exemptions or exclusions. And the rules and paperwork haven't even been decided yet. That comes later. If the City decides you owe the tax, you may have to prove you qualify for an exemption, prove the City is wrong, and navigate a new bureaucracy just to avoid a $10,000 tax. And guess what? They REALLY want that $10,000!

Measure A FAQ: Who Has the Burden of Proof?

Here is one of the most important things San Diego voters need to know about Measure A:

The burden of proof is on you.

City Hall politicians want voters to believe Measure A is just a narrow tax on a “few empty homes.”

But the fine print says something much more troubling.

If you claim you are entitled to an exemption or exclusion, you have to prove it to the City every year.

And the rules and paperwork for proving it?

They haven’t even been decided yet.

That comes later.

You Have to Prove You Don’t Owe the Tax

Measure A does not say the City must prove a homeowner owes the tax before taking action.

In fact, it says the opposite.

You have to prove they qualify for an exemption or exclusion.

That could mean proving:

A home is your primary residence.
A lease is valid.
A family member lived there.
A military service exemption applies.
A medical, disaster, death, probate, or other exclusion applies.
The City’s records are wrong.

And if you do not prove it the way the City later decides you must prove it, you could be hit with a tax of up to $10,000 per home.

The Rules Come Later

Measure A gives the unelected City Manager authority to create the rules, regulations, interpretations, and guidelines for how the tax will be enforced.

That means voters are being asked to approve Measure A before knowing the answers to basic questions:

What forms will homeowners have to file?

What documents will be required?

What happens if the paperwork is late?

What happens if the City decides the proof is not good enough?

Those details are not fully spelled out in the measure.

They come later.

But the $10,000 tax comes first.

Every Year. More Paperwork. More Risk.

Measure A requires owners seeking exemptions or exclusions to demonstrate their entitlement annually.

That means this is not just a one-time form.

It could become a yearly paperwork trap.

Even if you know you don't owe the tax, you still have to prove it.

Every year.

To City Hall.

Under rules they have not even written yet.

That is how Measure A creates a new Occupancy Bureaucracy — a City Hall system to decide whether your home, your lease, your family arrangement, your military service, your medical situation, or your absence from town qualifies under their rules.

And Guess What? They Really Want That $10,000.

Measure A does not put the tax money into a dedicated housing fund.

It sends the money into the City’s General Fund.

That matters.

Because if the City decides you owe the tax, City Hall gets the money.

If they deny your exemption, they get the money.

If they say your paperwork is incomplete, late, or not good enough, they get the money.

That creates the wrong incentive. Especially when you understand they've spent themselves into a huge deficit.

San Diegans should not be forced into a system where City Hall gets paid when it decides you lose.

The City’s Assessment Is Presumed Correct

Measure A goes even further.

If the City decides you owe the tax, it can issue an assessment. The ordinance says that assessment is entitled to a rebuttable presumption of correctness.

That is legal language, but the practical meaning is simple:

The City says you owe the tax. Now you have to prove the City is wrong.

That is backwards.

A $10,000 tax should not be imposed through a process where City Hall makes the call and homeowners are left to fight their way out.

“Guilty Until You Prove You’re Innocent”

That may sound strong.

But under Measure A, it fits.

If you claim an exemption, you have to prove it.

If the City questions your paperwork, you have to defend it.

If the City decides you owe the tax, you have to rebut it.

If the City is wrong, you may have to fight City Hall to prove it.

And all of this would happen under rules that have not even been finalized yet.

San Diegans Deserve Better

San Diego has a housing problem.

But Measure A is not a fair or accountable solution.

It creates a new $10,000 tax, sends the money into the City’s General Fund, and gives City Hall broad power to force property owners to prove they do not owe it.

That is not housing policy.

That is a bureaucracy.

The burden of proof should not be on San Diegans to prove they are innocent.

Vote No on Measure A.

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City Hall Was Wrong on the Trash Tax. They’re Wrong on Measure A Too.

May 24, 2026

The Union-Tribune editorial page says San Diegans can fight City Hall — and the trash-fee settlement proves it. City Hall pushed a flawed trash-tax scheme, got it wrong, and had to back down. Now the same City Hall is asking voters to trust them with Measure A’s $10,000 home tax bureaucracy. They're just as wrong on Measure A too!

A Plain Read of Measure A Shows that All Owners Are at Risk

May 24, 2026

Measure A supporters say primary residences are exempt. But that does not mean regular homeowners are completely protected. If City Hall’s records are wrong, if your life circumstances change, if you inherit a home, or if you just run afoul of a City bureaucracy whose rules haven't even been written yet, you could still pay Measure A’s $10,000 tax.

How Would City Hall Track Whether You Stayed in Your Own Home?

May 23, 2026

Measure A gives City Hall broad power to decide whether a home is “empty,” audit property owners, demand records, and require San Diegans to prove they do not owe a $10,000 tax. The measure does not clearly tell voters how far the City will go to track occupancy — but examples from other cities show just how invasive these taxes can become.

Measure A FAQ: Who Has the Burden of Proof?