Oregon Ballot Measures 47 and 50

Last updated

Ballot Measure 47 was an initiative in the U.S. state of Oregon that passed in 1996, affecting the assessment of property taxes and instituting a double majority provision for tax legislation. Measure 50 was a revised version of the law, which also passed, after being referred to the voters by the 1997 state legislature.

Contents

Measure 47, sometimes referred to as a "cut and cap" law, reduced property taxes to the lesser of the 1994–95 tax or the 1995–96 tax minus 10 percent and limited future increases in assessed property values, except for new construction or additions, to 3 percent per year. It also instituted a "double majority" rule requiring at least a 50-percent voter turnout for all local tax measures in most elections (partially repealed in 2008 by Measure 56). It strengthened state constitutional limits, first imposed by Measure 5, on property taxes on real estate.

Measure 47 was placed on the ballot by initiative petition by anti-tax activist Bill Sizemore and approved by voters in the November 1996 general election, with 704,554 votes in favor and 642,613 votes against. [1]

The law enacted by Measure 47 was amended in 1997, when the Oregon Legislative Assembly referred Measure 50 to voters to clarify that Measure 47 was intended to limit increases in real-estate assessments to 3 percent per year. The measure passed.

Measure 47

The measure was sponsored by Bill Sizemore and his Oregon Taxpayers United anti-tax group, as part of the Oregon tax revolt. Proponents were upset by rising property taxes, largely caused by increasing real-estate values in the Portland area. Proponents were concerned about levy elections when there was little awareness of issues and turnout was expected to be low. Under Oregon law, two regularly scheduled statewide elections, the primary election in May and the general election in November, are held in every even-numbered year. In addition, four regularly scheduled elections can be held at the local level every year. Beyond this, the legislature may call a special election at any time. [2]

Opponents feared that reducing taxes would cause cuts to schools beyond those they blamed on Measure 5. Furthermore, they opposed the double majority rule, arguing it gave non-voters more political power than those willing to vote.

Confusion existed about the possible effects of Measure 47. Petitioners claimed that Measure 47 would cap the assessment of properties—the value of the property as determined by the county—to prevent taxes from being raised more than three percent annually. Others claimed that Measure 47 did not prevent such an action. Sizemore placed an argument in the Oregon voters' guide in an attempt to clarify the measure's provisions. [3] Nonetheless, the legislature sent Measure 50 to voters the next year to clarify that the cap applied to the assessed value of the property as well.

Double majority rule

Measure 47 enacted Oregon's "double majority" rule, which placed an additional requirement on state and local tax levies. The rule applies to all elections besides general elections held in even-numbered years. For a levy initiative or referral to pass in other elections, not only do more voters have to vote "yes" than "no", but at least 50 percent of registered voters must vote in the election. The double majority is a type of supermajority similar to an absolute majority.

In the U.S., general elections include presidential elections, held in even-numbered years once every four years on Election Day, the Tuesday after the first Monday in November. General elections also include midterm elections in which members of Congress, state legislators, and some state governors are chosen on Election Day in the years midway between presidential elections.

Since the passage of Measure 47, the double majority requirement has caused the defeat of many proposed local tax levies. According to the League of Oregon Cities, between 1997 and 2007 of the 1,358 total tax measures on ballots in the state, 616 passed and 742 failed, and 169 of those failures resulted from the double majority rule. [4] In response, local governments generally prefer placing such measures on general-election ballots. [5]

The measure also led to attempts to clean up the voter registration rolls. Registered voters who had died or moved away were being counted as "No" votes with the double majority requirement. [6] (By law, Oregon ballot measures are worded so that "No" means "no change" and "Yes" means "adopt the measure.")

In 1998, Measure 53 sought to reverse the double majority provision but won only 49 percent of the vote.

In 2007, activists representing schools, the public employee union, and business interests lobbied the Oregon Legislative Assembly to scale back the requirement,[ citation needed ] and by June 2007 both houses of the legislature had approved House Joint Resolution 15, putting a measure before the voters on the November 2008 ballot. [7] This measure appeared as Measure 56, and would exempt elections held in May and November of any year from the double majority requirement. [7] It was later passed by voters on November 4, 2008. Proponents of the measure called the double majority rule undemocratic because, in their view, the rule gave non-voters unfair influence in the democratic process by allowing them to make measures fail that otherwise won support among the majority of those who actually voted. They also argued that because of Oregon's exclusive vote-by-mail voting system, which makes it more convenient to vote, there is no reason for people not to vote. [8] Opponents considered unfair the idea that a small percentage of people could impose new taxes on others. They argued that the double majority rule was necessary to keep this from happening, and claimed that if it were repealed, taxes would rise too much. [9] [10]

Measure 50

Measure 50 was sent to the voters by the Oregon Legislature in 1997. Once passed by the voters, the measure replaced Measure 47. The problems with Measure 47 that Measure 50 aimed to address included a lack of precision about the assessment of property taxes, unintended consequences, and vulnerability to legal challenges. [11]

Measure 50 was approved by voters in the May 20, 1997 special election, with 429,943 votes in favor, and 341,781 votes against. [12]

After the passage of Measure 47, as part of the ongoing anti-tax movement in Oregon, there was some confusion as to how the measure would be interpreted by the courts. One interpretation had the ballot measure reducing property tax revenues by $458 million in the fiscal year 1997–1998, while another interpretation, provided by the Oregon Attorney General, [13] had it providing a reduction of only $270 million. Much of this disagreement had to do with what limitations Measure 47 would place on increases in the assessment of a property's value.

Measure 50 limited the adjustments in property tax assessments. [14] Proponents argued that Measure 50 was necessary to avoid a lengthy legal battle as well as budget uncertainty about the possible effects of Measure 47. Opponents argued that Measure 50, rather than being a re-write of 47, was an attempt to water down the limitations imposed by Measure 47. Indeed, the estimated financial impact of Measure 50 was a $361 million reduction, rather than Measure 47's intended $458 million reduction.

See also

Related Research Articles

Measure 28 was a ballot measure, referred by the legislature of the U.S. state of Oregon in 2003. It would have created a temporary one-percent increase in Oregon's income tax. The tax was proposed as a way to overcome deficits to the state budget. The measure was defeated in the January 28, 2003 special election with 575,846 votes in favor, 676,312 votes against.

Measure 16 of 1994 established the U.S. state of Oregon's Death with Dignity Act, which legalizes medical aid in dying with certain restrictions. Passage of this initiative made Oregon the first U.S. state and one of the first jurisdictions in the world to permit some terminally ill patients to determine the time of their own death.

The Oregon tax revolt is a political movement in Oregon which advocates for lower taxes. This movement is part of a larger anti-tax movement in the western United States which began with the enactment of Proposition 13 in California. The tax revolt, carried out in large part by a series of citizens' initiatives and referendums, has reshaped the debate about taxes and public services in Oregon.

<span class="mw-page-title-main">California ballot proposition</span> Statewide referendum item in California

In California, a ballot proposition is a referendum or an initiative measure that is submitted to the electorate for a direct decision or direct vote. If passed, it can alter one or more of the articles of the Constitution of California, one or more of the 29 California Codes, or another law in the California Statutes by clarifying current or adding statute(s) or removing current statute(s).

<span class="mw-page-title-main">Vote-by-mail in Oregon</span>

The U.S. state of Oregon established vote-by-mail as the standard mechanism for voting with Ballot Measure 60, a citizen's initiative, in 1998. The measure made Oregon the first state in the United States to conduct its elections exclusively by mail. The measure passed on November 3, 1998, by a margin of 69.4% to 30.6%. Political scientists say Oregon's vote by mail system contributes to its highest-in-the-nation rate of voter turnout, at 61.5% of eligible voters.

<span class="mw-page-title-main">Bill Sizemore</span> American activist

Bill Sizemore is an American political activist and writer in Redmond, Oregon, United States. Sizemore has never held elected office, but has nonetheless been a major political figure in Oregon since the 1990s. He is considered one of the main proponents of the Oregon tax revolt, a movement that seeks to reduce taxes in the state. Oregon Taxpayers United, a political action committee he founded in 1993, has advanced numerous ballot initiatives limiting taxation, and has opposed spending initiatives. Sizemore made an unsuccessful run for Governor of Oregon in 1998. He also announced his intention to run for governor in 2010, but was indicted by the state on charges of tax evasion. The charges were later amended to failure to file tax returns.

<span class="mw-page-title-main">1996 California Proposition 218</span> Adopted initiative constitutional amendment on taxation

Proposition 218 is an adopted initiative constitutional amendment which revolutionized local and regional government finance and taxation in California. Named the "Right to Vote on Taxes Act," it was sponsored by the Howard Jarvis Taxpayers Association as a constitutional follow-up to the landmark property tax reduction initiative constitutional amendment, Proposition 13, approved in June 1978. Proposition 218 was approved and adopted by California voters during the November 5, 1996, statewide general election.

<span class="mw-page-title-main">2006 Oregon Ballot Measure 48</span>

Oregon ballot measure 48 was one of two unsuccessful ballot measures sponsored by the Taxpayers Association of Oregon (TAO) on the November 7, 2006 general election ballot. Measure 48 was an initiated constitutional amendment ballot measure. Oregon statute currently limits state appropriations to 8% of projected personal income in Oregon. If Governor declares emergency, legislature may exceed current statutory appropriations limit by 60% vote of each house. This measure would have added a constitutional provision limiting any increase in state spending from one biennium to next biennium to the percentage increase in state population, plus inflation, over previous two years. Certain exceptions to limit, including spending of: federal, donated funds; proceeds from selling certain bonds, real property; money to fund emergency funds; money to fund tax, "kicker," other refunds were included in the provisions of the measure. It also would have provided that spending limit may be exceeded by amount approved by two-thirds of each house of legislature and approved by majority of voters voting in general election.

<span class="mw-page-title-main">Elections in Oregon</span>

Elections in Oregon are all held using a Vote by Mail (VBM) system. This means that all registered voters receive their ballots via postal delivery and can vote from their homes. A state Voters’ Pamphlet is mailed to every household in Oregon about three weeks before each statewide election. It includes information about each measure and candidate in the upcoming election.

<span class="mw-page-title-main">2008 Oregon elections</span>

On November 4, 2008, the U.S. state of Oregon held statewide general elections for three statewide offices, both houses of the Oregon Legislative Assembly, and twelve state ballot measures. The primary elections were held on May 20, 2008. Both elections also included national races for President of the US, US Senator, and US House Representatives. Numerous local jurisdictions — cities, counties, and regional government entities — held elections for various local offices and ballot measures on these days as well.

Ballot Measure 25 of 2002 increased Oregon's minimum wage from $6.50 to $6.90 per hour and required an annual increase to compensate for inflation in future years. Inflation is measured by the consumer price index. As of 2015, the minimum wage in Oregon is $9.25 an hour. The measure was approved in the November 5, 2002 general election with 645,016 votes in favor, 611,658 votes against.Itemized Measure Listings, Measure 25 page 17 The measure was placed on the ballot as a result of initiative petition.

<span class="mw-page-title-main">2008 Oregon Ballot Measure 58</span>

Oregon Ballot Measure 58 was an initiated state statute ballot measure sponsored by Bill Sizemore that appeared on the November 4, 2008 general election ballot in Oregon. It was rejected by voters.

<span class="mw-page-title-main">2008 Oregon Ballot Measure 59</span>

Oregon Ballot Measure 59 was an initiated state statute ballot measure sponsored by Bill Sizemore that appeared on the November 4, 2008 general election ballot in Oregon, United States. If it had passed, Oregon would have join Alabama, Iowa, and Louisiana as the only states to allow federal income taxes to be fully deducted on state income tax returns.

<span class="mw-page-title-main">2008 Oregon Ballot Measure 56</span>

Oregon Ballot Measure 56 or House Joint Resolution 15 is a legislatively referred constitutional amendment that enacted law which provides that property tax elections decided at May and November elections will be decided by a majority of voters who are voting in the relevant election. It repealed the double majority requirement passed by the voters in the 1990s via Measures 47 and 50, which requires that, for non-general elections, all bond measures can pass only when a majority of registered voters turn out.

<span class="mw-page-title-main">2008 Oregon Ballot Measure 63</span>

Oregon Ballot Measure 63 was an initiated state statute that appeared on the November 4, 2008 general election ballot in Oregon. It would have allowed homeowners to make improvements costing less than $35,000 to their home/real estate without first obtaining a building permit.

Oregon ballot measures 46 and 47 were two ballot measures presented as a single package to voters; 46 would have amended the Constitution to allow limitations on campaign financing ; and 47 detailed specific limitations. While Measure 47 passed, 46 did not, and the Secretary of State and Attorney General now refuse to enforce Measure 47 despite not having made constitutional challenges in court during cases filed against them to compel enforcement.

Oregon Ballot Measure 44 was brought to the November, 1996 general election in the U.S. state of Oregon by the initiative process. It passed with 55.9% of the vote. With strong backing from Governor John Kitzhaber, PeaceHealth, a hospital in Eugene, teamed with the Oregon Association of Hospital and Health Systems (OAHHS) to bring about the initiative. Measure 44 would raise tobacco taxes in the state. The primary purpose for raising tobacco taxes was to raise money to fund the Oregon Health Plan (OHP). Additionally some of the money from the tobacco tax would go towards programs to prevent tobacco use and educate people about the harmful effects of tobacco, primarily aimed at children. Measure 44 became highly politicized on both sides.

<span class="mw-page-title-main">2018 California elections</span>

California state elections in 2018 were held on Tuesday, November 6, 2018, with the primary elections being held on June 5, 2018. Voters elected one member to the United States Senate, 53 members to the United States House of Representatives, all eight state constitutional offices, all four members to the Board of Equalization, 20 members to the California State Senate, and all 80 members to the California State Assembly, among other elected offices.

<span class="mw-page-title-main">2020 California Proposition 19</span> Successful property tax ballot initiative

California Proposition 19 (2020), also referred to as Assembly Constitutional Amendment No. 11, is an amendment of the Constitution of California that was narrowly approved by voters in the general election on November 3, 2020, with just over 51% of the vote. The legislation increases the property tax burden on owners of inherited property to provide expanded property tax benefits to homeowners ages 55 years and older, disabled homeowners, and victims of natural disasters, and fund wildfire response. According to the California Legislative Analyst, Proposition 19 is a large net tax increase "of hundreds of millions of dollars per year."

References

  1. ↑ "Official Results, State Measure No. 47, November 5, 1996, General Election". Oregon State Elections Division . Retrieved 2008-05-16.
  2. ↑ "Voting and Voter Registration". Oregon State Elections Division . Retrieved 2008-05-17.
  3. ↑ "Voters' Pamphlet November 5, 1996 - Measure No. 47: Arguments in Favor". Oregon State Elections Division . Retrieved 2008-05-17.
  4. ↑ "Property Tax Measure Election Results 1997–2007" (PDF). League of Oregon Cities. Retrieved May 18, 2008.
  5. ↑ Pitkin, James (March 29, 2007). "The taxman cometh". Willamette Week . Retrieved March 29, 2007.
  6. ↑ "Editorial: No Dead Voters". Medford Mail-Tribune. 2000. Retrieved 2008-05-17.
  7. 1 2 Walsh, Ed (June 20, 2007). "Senate Approves 'Double Majority' Change". The Oregonian . Portland, Oregon: Oregonian Media Group. Retrieved May 17, 2008.
  8. ↑ "Voters' Pamphlet Measures November 2008, page 16 = Measure 56: Arguments in Favor". Oregon State Elections Division . Retrieved 2008-12-19.
  9. ↑ "Voters' Pamphlet Measures November 2008, page 23 = Measure 56: Arguments in Opposition". Oregon State Elections Division . Retrieved 2008-12-19.
  10. ↑ Buckstein, Steve (August 22, 2008). "Keep "Double Majority" Voting Rule in Place" . Retrieved 2008-12-19.
  11. ↑ Voters' Pamphlet Special Election May 20, 1997
  12. ↑ election results for Measure 50
  13. ↑ Department of Justice, State of Oregon - Attorney General Opinion Summaries
  14. ↑ "Voters' Pamphlet Special Election May 20, 1997". Oregon State Elections Division . Retrieved 2008-12-19.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.