Oregon Ballot Measures 47 and 50
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.
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 "
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
Measure 47
The measure was sponsored by
Opponents feared that reducing taxes would cause cuts to schools beyond those they blamed on
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,
Double majority rule
Measure 47 enacted Oregon's "
In the U.S., general elections include
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,
In 2007, activists representing schools, the public employee union, and business interests lobbied the
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
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
- Oregon Ballot Measure 25 (1996), established a different supermajority requirement in the Legislature
- Oregon Ballot Measure 5 (1990)
- List of Oregon ballot measures
References
- ^ "Official Results, State Measure No. 47, November 5, 1996, General Election". Oregon State Elections Division. Retrieved 2008-05-16.
- ^ "Voting and Voter Registration". Oregon State Elections Division. Retrieved 2008-05-17.
- ^ "Voters' Pamphlet November 5, 1996 - Measure No. 47: Arguments in Favor". Oregon State Elections Division. Retrieved 2008-05-17.
- ^ "Property Tax Measure Election Results 1997–2007" (PDF). League of Oregon Cities. Retrieved May 18, 2008.
- ^ Pitkin, James (March 29, 2007). "The taxman cometh". Willamette Week. Retrieved March 29, 2007.
- ^ "Editorial: No Dead Voters". Medford Mail-Tribune. 2000. Retrieved 2008-05-17.
- ^ a b Walsh, Ed (June 20, 2007). "Senate Approves 'Double Majority' Change". The Oregonian. Portland, Oregon: Oregonian Media Group. Retrieved May 17, 2008.
- ^ "Voters' Pamphlet Measures November 2008, page 16 = Measure 56: Arguments in Favor". Oregon State Elections Division. Retrieved 2008-12-19.
- ^ "Voters' Pamphlet Measures November 2008, page 23 = Measure 56: Arguments in Opposition". Oregon State Elections Division. Retrieved 2008-12-19.
- ^ Buckstein, Steve (August 22, 2008). "Keep "Double Majority" Voting Rule in Place". Retrieved 2008-12-19.
- ^ Voters' Pamphlet Special Election May 20, 1997
- ^ election results for Measure 50
- ^ Department of Justice, State of Oregon - Attorney General Opinion Summaries
- ^ "Voters' Pamphlet Special Election May 20, 1997". Oregon State Elections Division. Retrieved 2008-12-19.
External links
- Oregon Voters' Pamphlet Measures, Measure 47 on page 213—includes the full text of the measure, and arguments for and against
- Oregon Voters' Pamphlet for Measure 50—includes the full text of the measure, explanatory statement, financial impact estimates, and arguments for and against.