Two New Hampshire residents have filed a lawsuit seeking to block a proposed school tax cap question from appearing on the November ballot, arguing that the measure is misleading and unconstitutional. The suit was filed on August 31 by David Bates of Warner and Kelly Wieser of Campton, who contend that the wording of the ballot question obscures its true impact and limits voters’ ability to make an informed decision.

The proposed question stems from legislation signed into law in July by Governor Kelly Ayotte, which would impose an inflation-based cap on local school taxes for two years, provided at least 60 percent of a district’s voters approve the measure. The law also restricts school districts from spending more than 6 percent of their budgets on central office administration, though it excludes bonded capital costs from the cap.

Bates criticized the timing and readiness of the legislation, stating that lawmakers may have rushed the measure into law to show they were addressing taxation concerns. Wieser, a Campton school board member, highlighted the potential consequences for local schools, asserting that the ballot language misleadingly states the caps “do not affect classroom instruction” or “school-based services.” She argued that budget cuts resulting from the cap would likely impact these areas despite the statement.

The plaintiffs seek an order from the Merrimack County Superior Court preventing New Hampshire Secretary of State David Scanlan from placing the question on the ballot. Representatives from Scanlan’s office and the state attorney general’s office had not offered comment as of this report.

Republican Executive Councilors David Wheeler and John Stephen issued a joint statement urging the attorney general to resolve the issue by September 19 to ensure ballots are finalized for the November 3 general election. Wheeler accused opponents of the measure of using “lawfare” tactics. Republican Representative Ross Berry, who helped develop the compromise legislation after a more stringent proposal was rejected earlier this year, said he anticipated the lawsuit, attributing opposition efforts to Democrats’ desire to preserve higher taxes.

The initial proposal, supported by some Republicans, would have imposed a strict spending cap on all school districts without a voter referendum, but the legislature ultimately opted for the current version, which requires voter approval for each district. The lawsuit brings the legal and political debate over how to control school spending in New Hampshire to the forefront just ahead of the election.