What Is the Difference Between a Proposition 39 and Proposition 46 General Obligation Bond Election?
/California K-14 districts can elect to have their bonds approved under proposition 39 or Proposition 46. Following are the major differences between the two election types:
Board Approval Threshold
Prop 46
66.7%
Prop 39
55%
Election Dates
Prop 39
Statewide primary, general, special, or regularly scheduled local elections
Prop 46
Any Tuesday
Use of Bond Proceeds
Prop 46
Acquisition or improvement of real property only. No furnishings or equipment
Prop 39
Construction, reconstruction, rehabilitation or replacement of school facilities
Furnishings and equipment
Acquisition or lease of real property
Accountability Measures
Prop 46
None
Prop 39
Citizens’ Oversight Committee
Annual audits
Annual Tax Rate Limits per $100,000 of AV
Prop 46
None
Prop 39
$60 for unified school districts
$30 for elementary and high school districts
$25 for community college districts
Selecting Proposition 39 or Proposition 46 for a bond election could be a political, facility-related, financial, or timing decision, among others.
For example, if a 5-member board only has 3 approving members, then a Prop 39 bond could not move forward and Prop 46 would be an option. This is because Prop 39 requires at least 2/3 board-member approval. If technology and equipment were required projects, then Prop 39 allows this while Prop 46 does not.