Elections board appeals decision on Chicago Mayor Johnson’s real estate tax plan

The Chicago Board of Elections will appeal a Cook County judge’s ruling that Johnson’s $100 million real estate tax plan on the March 19 ballot is unconstitutional and invalid.

The Chicago Board of Elections will challenge a Cook County judge’s ruling that Mayor Brandon Johnson’s $100 million real estate tax hike is unconstitutional.

“The Chicago Board of Election Commissioners will appeal the decision of the Circuit Court of Cook County to deny its Motion to Dismiss the lawsuit concerning the citywide referendum question. The Board maintains that it is not a proper defendant in this case, and that the City of Chicago is a necessary party. The Board will request an expedited review by the Illinois Appellate Court,” said Max Beaver, director of public information for the board.

Johnson and the city have been told they can’t weigh in because the elections board was specifically named as the defendant, but they will fight that decision in court.

“I believe that the people of Chicago deserve an opportunity to weigh in on this on this question. So, the city of Chicago, we’re going to do everything in our power legally, working in collaboration with other people, want to see this come into fruition,” Johnson said.

What the plan does to the real-estate transfer tax:

• Lowers it to 0.60% for properties worth less than $1 million, a 20% decrease.
• Raises it to 2% for properties worth $1 million-$1.5 million, a 166% increase.
• Raises it to 3% if worth more than $1.5 million, a 300% increase.

Judge Kathleen Burke ruled the question on the March 19 primary ballot in Chicago was invalid and unconstitutional. The suit was filed by the Building Owners and Managers Association of Chicago, the Chicagoland Apartment Association, the Neighborhood Building Owners Alliance of Chicago and others.

They brought the lawsuit arguing voters can’t be asked to approve a bundle of measures both raising and lowering tax rates in one ballot question, a practice known as “log-rolling.”

The question will still appear on the March 19 ballot as voting has already begun, but the vote tallies will not count or be published if the ruling stands. Chicagoans should still vote on the question as the ruling could be overturned, making the votes on the referendum valid.