Gordon v. Lance

1971-06-07

Headline: State rule requiring 60% voter approval for public debt upheld, making it harder for local governments to pass school bonds and tax increases without unusually broad voter support.

Holding: The Court held that West Virginia’s 60% voter-approval rule for incurring public debt does not violate the Equal Protection Clause because it applies equally to all voters and does not single out a protected group.

Real World Impact:

Makes it harder for local governments to pass bonds and tax increases.
Permits states to require supermajorities for public debt and tax measures.
Raises the bar for voter approval of school construction funding.

Topics: public bonds, local taxes, voter thresholds, school funding

Summary

Background

In Roane County, West Virginia, a local school board asked voters on April 29, 1968 to approve $1,830,000 in school construction bonds and a separate tax levy. Each proposal received a little more than 51% support but failed because West Virginia’s Constitution requires 60% approval for bonded debt and certain tax increases. Voters who supported the measures sued, arguing the 60% rule violated the Fourteenth Amendment’s guarantee of equal protection. The state trial court dismissed the case; the West Virginia Supreme Court of Appeals found the rule unconstitutional, and the U.S. Supreme Court agreed to review the issue.

Reasoning

The central question was whether a statewide rule requiring 60% approval for public debt unconstitutionally treated some voters differently. The Court explained that earlier cases struck down voting rules that denied or diluted votes based on group characteristics like location or property ownership. By contrast, West Virginia’s 60% rule applies equally to all voters and is not aimed at any identifiable group. The Court said states may adopt higher voting thresholds for money and debt decisions because such choices commit future generations and involve fiscal judgments left to states and their people. The Court therefore reversed the state court and upheld the 60% requirement.

Real world impact

Local governments seeking bonds or tax increases in states with similar rules will face a higher, supermajority vote threshold. The decision allows states to keep or adopt stricter voter requirements for raising debt or taxes, shifting the balance toward requiring broader consensus for public spending decisions.

Dissents or concurrances

Justice Harlan joined the result by separate reasoning; Justices Brennan and Marshall would have affirmed the state court’s ruling striking down the 60% rule.