Recent court decisions in Georgia have halted multiple far right attempts to interfere with the 2024 elections. Now Georgia’s voters can move forward knowing their vote is protected and will count from the close of Election Day through federal certification.
Election Day is really only the beginning of the process to tabulate votes, cure outstanding provisional votes, and finally, to certify. Certification is required at the local, state, and federal levels. Below is a summary of actions to be taken (with details captured here): Confirming Election Results after Election Day At the County Level Tuesday, Nov 5, Election Day
December 11
Jan 3, 2025
This Amendment gives the General Assembly the ability to legislate a state-wide homestead exemption that all localities would need to either opt out of or comply with. If passed, it kicks in HB 581, which aims to: 1) limit the impact of rising property values on the school district portion of property taxes (about 75% of total school funding) by capping valuation increases to the previous year’s rate of inflation; and 2) give the State complete control over school districts and localities to manage a vital source of income for school districts.
While some homeowners struggle with higher property taxes, this amendment’s implications are concerning. A constitutional amendment will be nearly impossible to undo. School districts fear that this measure, combined with lost funds from school vouchers, as well as pressure not to raise millage, will result in reduced school funding. Things to Consider When You Vote
Deep Dive The state House and Senate passed House Resolution 1022 and House Bill 581 into law earlier this year, but voters must approve this constitutional amendment in November for the law to take effect. HR 1022 set up the Constitutional Amendment that was to be on the ballot, giving the General Assembly the ability to set exemptions limits for school districts for all localities within the State, provided the localities don't opt out. If the amendment is passed, HB 581, a bill that sets out the detailed process for capping exemptions, will take effect. However, amending the state constitution suggests it will be harder for voters to change this law in future, since a constitutional amendment requires a 2/3 approval of both houses. HB581 explained This amendment caps property valuations to the prior year’s inflation rate (CPI), only for residents who remain in their homes; when the resident sells their home, the property value adjusts to current market value. This could have a chilling effect on the market, discouraging new buyers and imposing an additional burden on existing homeowners from moving (e.g., a retired couple on fixed income trying to downsize, but faced with a higher tax burden). New residents could be discouraged from entering affected counties. The legislation includes a provision to allow local governments to increase sales tax by 1%, but studies show that such taxes are not effective and can harm smaller counties in which residents simply make large purchases in locales with lower sales tax. The bill also includes a new provision to allow governments to increase sales taxes specifically to give relief to property tax payers —this despite the fact that many districts already come to voters to approve sales-tax based Special Purpose Local Option Sales Tax (SPLOST) to help fund schools. Forsyth County already deploys SPLOSTs and at the same time, offers an exemption to homeowners over the age of 65. Lobbyists for local governments endorse the amendment but the Association of School Districts has objected, concerned that placing a limit on property taxes--most of which goes to fund public schools—will place a strain on already underfunded public schools. Georgia ranks 34th among states for per pupil per capita spending. Important to note is that one of chief challenges school districts have in retaining teaching staff is noncompetitive salaries. Despite this long-running funding gap for public schools, a sponsor of the legislation argues that the amendment will keep municipalities and school districts from creating a “back-door” funding mechanism instead of raising taxes overall to meet needs. He cited no examples. But school districts are restrained in how much they can raise taxes. While property values rose, so did the cost of school salaries, benefits and other expenses. Many school districts used the increase in property tax revenue to keep pace with costs. Opting Out, but How? If the amendment passes, it will go into effect on January 1, 2025. Any municipality or school district that wants to opt out of the exemption must request exemption by March 1, 2025—a mere two months later. During those two months, the district must provide a public notice, issue a press release and hold at least three public meetings on weekdays on the topic. Neither the legislation nor amendment details what the criteria are for an exemption. If the district does not have a full understanding of the criteria quickly enough, it will not be able to offer information to the public. School districts that do not file, or those who do and are not granted an exemption, by Mar 1, 2025 will be governed by the cap.
Currently in Georgia, there is no statewide tax court. Complaints against the Department of Revenue are handled by a Tax Tribunal, which is housed in the Executive Branch. This tribunal was created in 2013 and is not part of the state judicial system. The amendment on the ballot would establish a tax court with statewide jurisdiction, inside the Judicial Branch, concurrent with the business court and the superior court. This amendment makes sense, has basically unanimous support from both parties, and creates a normal judicial pathway for tax cases.
Things to Consider When Voting
The Deep Dive The proposed amendment would amend Article VI of the Georgia State Constitution, adding the language “Georgia Tax Court” into paragraph 1, “Judicial Power of the State.” A chief judge would be appointed by the Governor, confirmed by the Senate and House Judiciary Committees, to serve a four-year term, and the chief judge would appoint up to three assistant court judges. In the 2024 legislative session, the Georgia House and Senate voted nearly unanimously in favor of HB 1267, which established this amendment--one Republican Senator, Colton Moore (SD53) voted against it but did not offer his reasoning. Currently the Tax Tribunal hears the following types of complaints:
This ballot initiative asks voters whether to increase the amount of tax exemptions and deferrals on tangible personal property used in a business.
Ad valorem tax exemption covers all personal property such as furniture, machinery, equipment, inventory, digital assets, and other items necessary to run that business. However, personal property not included in this bill are motor vehicles, trailers, and mobile homes. Presently, the maximum exemption amount is $7,500 and this bill asks voters to raise it to $20,000. The last time Georgia voters were asked to raise the personal property exemption amount was in 2002 when the majority of Georgians voted to raise it from $500 to $7,500. Things to Consider When you Vote
The Deep Dive The 2024 Legislative Season saw a host of bills that aimed to deepen tax exemptions and tax cuts. The statewide referendum question asking Georgia voters whether to raise the amount of tangible personal property tax exemption from $7,500 to $20,000 is one such bill. Georgia House Bill 808 is an amendment to Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated which originally allows a maximum of $7,500 of personal property ad valorem tax exemptions. Six House Representatives and one Senator, all Republican, sponsored a bill that seeks to raise the maximum deferral amount to $20,000. Because this is an amendment to the official GA Code, in order to bring this to the ballot the bill needed to pass with ⅔ vote in the House and ⅔ vote in the Senate- which it did. In order for it to become an official amendment, Georgia voters need to vote “yes” by a majority vote. If passed, you will be able to use the increased exemption on your 2025 taxes. Hailed by groups such as the Georgia Chamber of Commerce and powerful Republicans such as Lt. Governor Burt Jones, some believe increasing the exemption amount will ease burdens placed on small businesses across Georgia. However, others disagree. Local House Representative Dr. Au and House Representative Becky Evans are two Democrats among many who voted “No” on HB808. Georgia’s 2024 budget has an unprecedented general fund reserve of $16.9 billion, ($11.6 billion undesignated) which the state legislature could either use to fund state-wide programs or provide tax relief to Georgia citizens. One example of a need-based program is to provide financial aid for college to those who cannot afford it. Alternatively, an example of tax relief to citizens is HB808 which passed through committee this legislative session, was voted through by ⅔ vote of the legislature, and is now a ballot initiative for Georgia voters to decide. Should this ballot initiative not pass, however, the funds will not necessarily go towards a needs-based program. The cash reserves would remain until the 2025 legislative season when our legislators vote on next year’s budget bills. |
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