Election 2024: What do amendments and referendums on Georgia ballot mean?

ATLANTA — Come Nov. 5, Georgians will be deciding more than just who they want for president and who will serve on a variety of boards and commissions across the state.

In addition to political officers, voters will also be deciding on three tax reform initiatives that passed in the legislature but would modify the state constitution.

As a result, the three ballot items have to be put in the hands of voters to fully decide if they will become law, or if they will be canceled.

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Here are the 3 tax-related ballot questions Georgia voters will have to approve or deny this November

Constitutional Amendment 1:

Shall the Constitution of Georgia be amended so as to authorize the General Assembly to provide by general law for a state-wide homestead exemption that serves to limit increases in the assessed value of homesteads, but which any county, consolidated government, municipality, or local school system may opt out of upon the completion of certain procedures?

Constitutional Amendment 2

A RESOLUTION proposing an amendment to the Constitution so as to vest judicial power of the state in the Georgia Tax Tribunal; to provide for venue and jurisdiction of the Georgia Tax Tribunal; to provide for concurrent jurisdiction with superior courts; to provide for judges of the Georgia Tax Tribunal and their qualifications; to provide for vacancies; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

Referendum A:

A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to property tax exemptions and deferral, so as to increase a statewide ad valorem tax exemption for tangible personal property; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for related matters; to provide for compliance with constitutional requirements; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes.

Here’s what the ballot items would do if they pass

Constitutional Amendment 1:

Constitutional Amendment 1 would allow municipalities to cap how much a home’s value can be increased each year due to inflation.

That means that the value of a home will not increase more than the rate of inflation, as reported by the Consumer Price Index from the U.S. Bureau of Labor Statistics.

As written, the amendment would work through a two-fold setup.

The value of a homestead, where you actively reside, could not be increased more than the inflation rate each year.

Additionally, it would propose a new option for local sales taxes, which would act as a supplement the collection of property taxes. Even if voters approve the amendment, local municipalities would be able to opt-out of the exemption, but most vote to do so by March 2025.

The municipalities and local government officials the amendment is focused on include county commissions, consolidated government officials, elected city leaders like council members or mayors if they have the power to change tax rates and Board of Education members.

Constitutional Amendment 2:

Constitutional Amendment 2 would create a new judicial venue for tax-related court cases. The creation of a Tax Court, under the authority of the Georgia Tax Tribunal, would provide for state officials to hire judges to rule on cases involving tax disputes and businesses, as well as cases involving the Georgia Department of Revenue.

If passed by Georgia voters, judges hired to work in the statewide court would serve four-year terms and be appointed by the Governor. Their appointments would be subject to approval by majority votes in the Georgia Senate Judiciary Committee and the Georgia House Committee on Judiciary.

Currently, the state of Georgia’s Tax Tribunal is part of the Office of Administrative Hearings, which is separate from the state judicial system. Creating the tax court would expand options for tax enforcement and appeals.

Referendum A:

If passed, Referendum A would give Georgia property owners a lot more wiggle room when it comes to exemptions for their property taxes.

Currently, the Georgia personal property tax exemption caps at $7,500 for ad valorem payments. If the amendment passes, the value would be increased to a $20,000 exemption.

According to the legislative text for the item, “All tangible personal property of a taxpayer, except motor vehicles, trailers, and mobile homes, shall be exempt from all ad valorem taxation if the actual fair market value of the total amount of taxable tangible personal property owned by the taxpayer,” up to $20,000.

Lawmakers wrote in the bill that it was intended to ensure “the payment of ad valorem taxation certain tangible personal property on which the tax due does not exceed the reasonable cost of administering and collecting the tax.”

Should voters decide to enact this change, it would take effect in the following tax year, beginning Jan. 1, 2025.

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