SAN DIEGO (KUSI) - The only path to a Chargers downtown stadium leads straight to the ballot box, and approval by the voters.
The central question is how many voters: half of them, or two-thirds of them.
The Chargers say half, but the law requires two-thirds if taxes are involved and they are.
The Chargers need to tap into the hotel tax money and they believe the Briggs Initiative gives that the path forward.
That initiative has a scheme to increase the hotel tax and funnel part of that money toward the stadium.
The Chargers believe this path will not fun afoul of the law. Mayor Kevin Faulconer, and others, say it won't work because a two-thirds vote is needed.
"Well we've always said to get a two-thirds in California for anything is very, very difficult and to start with an issue that obviously when we're trying to expand the stadium putting a tax increase involved in that makes it so much more difficult for San Diegans," Mayor Faulconer said.
Accountant April Boling, who was involved in reforming the pension system, agrees saying this scheme to get around a two-thirds vote is likely.
"What the proponents of that measure are saying is that it doesn't require that the money be spent for a Convention Center," Boling said.
Boling said all the initiative requires is the money goes into the general fund and doesn't require the money to be spent on a Convention Center.
In other words, part of an increase in the hotel tax money could find its way to help fund a downtown stadium.
"You cant have it both ways, either the money's going to be used for a convention center which is going to require a two-thirds or its just an ill disguised general fund tax increase," Boling said.
When the ballot measure goes to the registrar in late March, we'll know if there's a tax increase, where the money will go and will it be earmarked.
"The measure says its not earmarked, the rhetoric says essentially it is," Boling added.
If the initiative mentions a Convention Center, a stadium and a Mission Valley land, it may violate the single issue rule for ballot measures.
"I think they're gonna have a very difficult time with this ballot measure because people are going to be confused and when people are confused they vote no," Boling said.
We'll get the answers to some of these questions when the ballot measure language gets to the registrar in late March.