A Jerome County farmer, gadfly and school levy skeptic last month asked Idaho Secretary of State Phil McGrane to remove a plant-facilities levy from the ballot over what he claimed is “false and misleading” language.
But that won’t happen.
Dean Dimond, whose opposition to Valley School District levies has drawn scrutiny, argued that the ballot language for November’s election would lead voters to believe that approving the $1.5 million, five-year plant-facilities levy — which would replace a levy for the same amount — would make their taxes go down.
It will, according to the district, as property values have changed since 2022.
Dimond on Sept. 23 wrote to Idaho’s election chief that the ballot language does not meet the requirements of “being in clear simple language.”
“Since there is false and misleading information on the ballot this levy would not be binding even if passed,” Dimond wrote to McGrane. “Please remove it from the ballot.”
“Good to hear from you again,” McGrane responded the next day.
He told Dimond the same legal standards apply now as in the past, and neither his office nor the county clerk have the legal authority to determine the validity of a levy question “properly placed” on the ballot.
“I know you are familiar with Idaho Code 34-2001A,” McGrane wrote. “That remains the legal process to contest the ballot language. Finally, voting is underway, and it is too late in the process to make changes to the ballot. I hope this provides you with the information you need.”
Dimond forwarded EdNews the email exchange on Friday morning. “Would you consider doing a story on this?”
EdNews contacted Valley School District Superintendent Ty Jones and read through Idaho Statutes for a fact check.
The law versus the ballot language
Jones said the district contacted its legal counsel to write the ballot language.
“We just thought that would be safest because you just never know,” Jones said. “You want to make sure you do it right, so that’s what we did.”
A comparison of the guidelines in Idaho statute and the ballot language show a near-exact match.
As required under the law, the ballot language states the plant-facilities levy, if approved, would collect a tax of $74.81 per $100,000 of taxable value, based on “current conditions.”
The $1.5 million proposed levy, which would raise $300,000 per year for five years, would replace a five-year levy for the same amount that voters approved in 2022.
“We did not ask for an increase,” Jones said.
The ballot language, as required by law, states the existing levy “currently costs” $101.42 per $100,000 of taxable value. It expires June 2027.
Dimond disputed that language.
How can the existing levy “currently cost” $101.42, yet the proposed levy would cost $74.81 based on “current conditions”?
The existing levy’s current cost is based on outdated property assessments, and the proposed levy is based on updated assessments.
Jones explained to EdNews that as property values are assessed, tax rates can go up or down.
The number of taxable properties can also impact rates, but in the small, rural district of about 500 students, Jones said there haven’t been any new subdivisions with 100 new homes on the tax rolls.
“As property values got reassessed, it positively impacted the rates going down,” he said.
The law also requires ballot language to disclose if the levy would increase, decrease or keep the tax rate the same. The ballot uses the same format the law requires.
“If the proposed levy is approved, the tax per $100,000 of taxable assessed value is expected to decrease the tax by $26.61 per $100,000 of taxable assessed value,” the ballot language states.
In other words, the proposed plant-facilities levy would raise the same amount of money per year but will cost taxpayers less.
A few votes have decided district’s levies
Valley School District uses money from plant-facilities levies to maintain, remodel, repair and furnish buildings, or to purchase school buses.
A recent story from reporter Joey Martin at Idaho News 6 offers a tour of the school’s boiler room to show how the district uses the funds.
The last plant-facilities levy passed in March 2022 on a 97-42 vote, or about 70% support. Voters at the time also approved a $600,000, two-year supplemental levy.
But voters last year were not as supportive. They shot down two supplemental levy attempts by a handful of votes.
Residents in May voted 153-160 to reject a $600,000, two-year supplemental levy. The district tried again in November, to no avail. It failed on a 276-280 vote. It needed over 50% to pass, but had 49.64% support.
The $1.5 million, five-year plant-facilities levy on the ballot Nov. 3 needs 55% to pass, according to the ballot language.
Last year, Dimond drew scrutiny for opposing Valley’s levy with mailers and signs that did not mention who paid for them. He later reported spending $5,000 to oppose the November levy, though he told EdNews he had only spent $160. EdNews asked Jones if he had any thoughts on Dimond’s recent email to McGrane.
“I have no comment on Dean Dimond,” Jones said.
