A San Diego Superior Court judge has ruled that key portions of the ballot language for Measure A, the city's proposed "Empty Homes Tax," are misleading and must be revised before the June 2 election.

Judge Blaine Bowman sided with former City Councilman Scott Sherman, who filed a legal challenge arguing that voters were being given inaccurate information about the measure. The proposal would impose an annual $8,000 tax on homes left vacant for more than half the year, rising to $10,000 in subsequent years, with higher surcharges for corporate-owned properties.

Among the most significant findings: ballot materials incorrectly implied that tax revenues would be directed toward affordable housing and homelessness prevention. In reality, the funds would go into the city's General Fund, with no legal requirement that they be spent on housing. The judge also found the term "empty" could mislead voters into picturing abandoned buildings, and that claims about increased housing availability and annual revenue were presented as guaranteed outcomes rather than projections.

Measure A was approved 8-1 by the City Council to appear on the June ballot. Opponents, including the California Apartment Association, have raised constitutional concerns and drawn comparisons to a similar vacancy tax in San Francisco that was struck down by a trial court.

For Santee and East County homeowners who own second properties in San Diego, the measure would directly affect any home left unoccupied for more than six months in a calendar year. The city's June 2 primary election will be the deciding vote — and with ballot language now set to be corrected, advocates on both sides are bracing for an intense campaign.