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Prop. 40 billionaire tax splits California Democrats before Nov. 3 vote

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16

Why it matters

Proposition 40 would impose a one-time 5% tax on the net worth of California's roughly 200 billionaires, with most of the revenue directed to health care. The measure was sponsored by SEIU-UHW, a healthcare workers union, which announced on April 26, 2026, that it had collected 1.6 million signatures, nearly double the 874,641 required for the November ballot. Secretary of State Shirley Weber certified it on June 17. Opponents have raised more than $205 million, according to campaign finance records. Google co-founder Sergey Brin is the largest single donor, with $102 million against the measure, including two countermeasures, Propositions 41 and 42. Gov. Gavin Newsom opposes Prop. 40 and endorsed Prop. 42. Bernie Sanders campaigned for the measure in early October.

The race is close, and the outcome is unsettled. A Citrin Center/Politico poll released October 19 found 46% backing the tax and 43% opposed. An NBC Bay Area/Telemundo poll found 48% in favor, 38% opposed, and 14% undecided. Prediction markets, however, put the chances of passage below 30%. Economists are also disputing the revenue projections. Two Stanford economists warn the tax could leave the state $39 billion worse off in today's dollars. The Democratic split is also unresolved. Newsom and gubernatorial candidate Xavier Becerra argue the tax would drive wealthy investors and tech leaders out of California. Rep. Ro Khanna has pushed back, saying billionaires will stay and find ways to pay. Some labor leaders and their legislative allies are privately opposed, according to reporting.

For attorneys, the measure's amendment clause deserves close reading. Prop. 40 would let the Legislature amend the tax by a two-thirds vote "if the statute is consistent with and furthers the purposes of the 2026 Billionaire Tax Act." Opponents argue that language could open the door to broader taxes later, so the fight over the measure is also a fight over the Democratic Party's direction heading into 2028. Election day is November 3, and Prop. 40 is drawing more attention than the midterm races on the same ballot. Watch the final polling, the spending totals, and how the countermeasures interact with Prop. 40 if voters approve more than one.

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