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Governor Brown's Tax Initiative To Top November Ballot

SACRAMENTO (KCBS/AP) - Gov. Jerry Brown's initiative to raise taxes has received top billing on the November ballot after a judge rejected a challenge from a competing measure.

The secretary of state on Monday assigned numbers to the 11 measures on the November statewide ballot.

Brown's proposal to temporarily increase the state sales tax and income tax for incomes over $250,000 a year will appear first, as Proposition 30.

A constitutional amendment aimed at changing the way state government manages its budget is second as Proposition 31. It is promoted by the bipartisan group California Forward.

KCBS' Doug Sovern Reports:

Sacramento County Superior Court Judge Michael Kenny on Monday denied a request from a competing tax campaign to stop the Secretary of State from placing the Democratic governor's tax measure first.

Attorneys for Molly Munger's Our Children, Our Future campaign argued that their initiative should have qualified first because it turned in signatures earlier than Brown's campaign.

But Kenny ruled that elections officials in Los Angeles County did not act improperly in certifying both measures at the same time.

The competing tax measure to fund public schools is Proposition 38.

Democratic lawmakers gave Brown an edge by passing a bill that moved bond measures and constitutional amendments such as Brown's to the top of the ballot.

"That is so important that it deserves the dignity of being ranked with other constitutional measures and bond issues. Not a mere statute, but a fundamental change in how the state operates," Gov. Brown reacted.

Our Children, Our Future could have appealed Monday's ruling, but said they would not. However, The Howard Jarvis Taxpayers Association has until the end of Monday to decide if they will appeal.

Brown said he's confident he'll win this fight and that his measure would raise taxes, but not on as many people as Munger's.

(Copyright 2012 by CBSSan Francisco. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services may have contributed to this report.)

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