AUSTIN (KXAN) — The City of Austin will have to re-write the ballot language for Proposition B after The Third Court of Appeals agreed with plaintiffs that what the city wrote is misleading.
Proposition B is an ordinance that calls for an election on expansions to the convention center. It also calls for a redistribution of hotel tax dollars from the facility to the cultural arts.
Nelson Linder with the Austin chapter of the NAACP claimed the language on the ballot fails to inform voters of how a portion of the convention center’s funds will be put toward cultural arts.
On August 15, the Texas Supreme Court denied Linder’s suit. According to court documents, it was dismissed without prejudice.
The city of Austin argued that had not omitted key features of the ordinance. They argue the ballot language accurately lays out the ordinance to voters including the percentage of hotel-occupancy tax allocations.
The Third Texas Court of Appeals reversed the Texas Supreme Court’s decision and sided with Linder. “In sum, the ballot language ordered by the City Council affirmatively misrepresents future election costs associated with the ordinance and also omits a chief feature of the proposed ordinance,” Chief Justice Jeff Rose wrote in his ruling on the case.
The city told KXAN they will have another meeting soon to discuss the ruling.