The New Hampshire Supreme Court on Monday denied a request to invalidate a school tax cap question that will go before New Hampshire voters in November. The court did not give a reason.
The tax cap would limit local school spending to the rate of inflation and limit administrative costs. The question states that passing the cap would not affect student instruction or services – a claim the lawsuit argued cannot be assured.
The ballot question reads:
“If adopted for a two-year period: (1) the local property tax levy may not grow beyond the prior year’s amount, adjusted for inflation and new construction; (2) SAU central office spending may not exceed 6 percent of total school district appropriations.”
Taxpayers David Bates of Warner and Kelly Wieser of Campton, sued the state earlier this month arguing that the tax cap’s language is confusing and misleading.
This is the lawsuit's second defeat before the state Supreme Court. The court also rejected a request to keep the question off the November ballot.
The legislation mandating the tax cap question passed the Legislature without Democratic support. State law already allows communities to enact tax caps if enough residents propose a cap. The new law requires every community to vote on the question.
The question will appear on the ballot this November, and in 2028.
Gov. Kelly Ayotte signed the bill in July, saying it would “protect local taxpayers.”
