Georgia Amendment 2, Creation of Tax Court Amendment (2024)
Georgia Amendment 2 | |
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Election date November 5, 2024 | |
Topic State judiciary | |
Status![]() | |
Type Constitutional amendment | Origin State legislature |
Georgia Amendment 2, the Creation of Tax Court Amendment, was on the ballot in Georgia as a legislatively referred constitutional amendment on November 5, 2024.[1] It was approved.
A "yes" vote supported creating the Georgia Tax Court to have concurrent jurisdiction with superior courts. |
A "no" vote opposed creating the Georgia Tax Court. |
Election results
Georgia Amendment 2 |
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Result | Votes | Percentage | ||
2,525,406 | 51.89% | |||
No | 2,341,612 | 48.11% |
Overview
What would Amendment 2 do?
- See also: Text of measure
This amendment created the Georgia Tax Court with statewide jurisdiction as provided by law. The Georgia Tax Court was set to have concurrent jurisdiction with the state business court and superior courts in equity cases. A superior court could order the removal of a case to the business court or tax court.[1]
Georgia Tax Court judges would serve terms of four years and be appointed by the governor with approval by the Senate Judiciary Committee and House Committee on Judiciary. The state legislature was authorized under the amendment to provide for the number of judges on the court and the qualifications to serve.[1]
Does Georgia have a Tax Court?
- See also: Background
Currently, Georgia has a Tax Tribunal, which was created in 2013, that has jurisdiction to review cases concerning tax matters involving the Georgia Department of Revenue. The Tax Tribunal is not a part of the state judicial system but rather is a part of the executive branch within the Office of State Administrative Hearings.
As of 2020, 35 states had a tax tribunal, with 29 being a part of the state's executive branch and six being a part of the state's judicial branch.
How did this amendment get on the ballot?
- See also: Path to the ballot
The state House approved the amendment as House Resolution 598 (HR 598) on February 27, 2024. The vote was 165-0. The Senate approved the amendment on March 20, 2024, in a vote of 49-1. To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote was required in both chambers of the legislature. The single no vote on the amendment came from Sen. Colton Moore (R-53).
Text of the measure
Ballot title
The ballot title for the amendment was as follows:
“ | Shall the Constitution of Georgia be amended so as to provide for the Georgia Tax Court to be vested with the judicial power of the state and to have venue, judges, and jurisdiction concurrent with superior courts?[2] | ” |
Constitutional changes
The amendment amended Article VI of the Georgia Constitution. The following struck-through text was deleted and underlined text was added.[3]
Note: Hover over the text and scroll to see the full text.
Article VI, Section I:
Paragraph I. Judicial Power of the State. The judicial power of the state shall be vested exclusively in the following classes of courts: magistrate courts, probate courts, juvenile courts, state courts, superior courts, state-wide business court, Georgia Tax Court, Court of Appeals, and Supreme Court. Nothing in this paragraph shall preclude a superior court from creating a business court division for its circuit in a manner provided by law. Magistrate courts, probate courts, juvenile courts, and state courts shall be courts of limited jurisdiction. In addition, the General Assembly may establish or authorize the establishment of municipal courts and may authorize administrative agencies to exercise quasi-judicial powers. Municipal courts shall have jurisdiction over ordinance violations and such other jurisdiction as provided by law. Except as provided in this paragraph and in Section X, municipal courts, county recorder's courts and civil courts in existence on June 30, 1983, and administrative agencies shall not be subject to the provisions of this article. The General Assembly shall have the authority to confer "by law" jurisdiction upon municipal courts to try state offenses.
Article VI, Section II:
Paragraph X. Venue of Georgia Tax Court. All cases before the Georgia Tax Court may conduct pretrial proceedings in any county as provided by law. Any trial of a case that is before the Georgia Tax Court shall take place in the county as is otherwise prescribed by this section.
Article VI, Section III:
Paragraph III. Jurisdiction of Georgia Tax Court. The Georgia Tax Court shall have state-wide jurisdiction as provided by law.
Article VI, Section IV:
Paragraph I. Jurisdiction of Superior Courts. The superior courts shall have jurisdiction in all cases, except as otherwise provided in this Constitution. They shall have exclusive jurisdiction over trials in felony cases, except in the case of juvenile offenders as provided by law; in cases respecting title to land; and in divorce cases. They shall have concurrent jurisdiction with the state-wide business court and the Georgia Tax Court in equity cases. A superior court by agreement of the parties may order removal of a case to the state-wide business court or the Georgia Tax Court as provided by law. The superior courts shall have such appellate jurisdiction, either alone or by circuit or district, as may be provided by law.
Article VI, Section VII:
Paragraph I. Selection; Term of Office.
(a) All superior court and state court judges shall be elected on a nonpartisan basis for a term of four years. All Justices of the Supreme Court and the Judges of the Court of Appeals shall be elected on a nonpartisan basis for a term of six years. The terms of all judges thus elected shall begin the next January 1 after their election. All other judges shall continue to be selected in the manner and for the term they were selected on June 30, 1983, until otherwise provided by local law.
(b) All state-wide business court judges shall serve a term of five years; provided, however, that the initial term of such judges shall be as provided by law. Such judges shall be appointed by the Governor, subject to approval by a majority vote of the Senate Judiciary Committee and a majority vote of the House Committee on Judiciary. Such judges may be reappointed for any number of consecutive terms as long as he or she meets the qualifications of appointment at the time of each appointment and is approved as required by this subparagraph. The state-wide business court shall consist of the number of judges as provided for by law. For purposes of qualifications, state-wide business court judges shall be deemed to serve the geographical area of this state.
(c) Each Georgia Tax Court judge shall serve a term of four years; provided, however, that the initial term of each such judge shall be as provided by law. Each Georgia Tax Court judge shall be appointed by the Governor, subject to approval by a majority vote of the Senate Judiciary Committee and a majority vote of the House Committee on Judiciary. Each judge may be reappointed for any number of consecutive terms so long as he or she meets the qualifications of appointment at the time of each appointment and is approved as required by this subparagraph. The Georgia Tax Court shall consist of the number of judges as provided for by law. For purposes of qualifications, Georgia Tax Court judges shall be deemed to serve the geographical area of this state. [2]
Readability score
- See also: Ballot measure readability scores, 2024
Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.
The FKGL for the ballot title is grade level 19, and the FRE is 25. The word count for the ballot title is 37.
Support
Supporters
Officials
- State Sen. Brian Strickland (R)
- State Rep. Shaw Blackmon (R)
- State Rep. Charles Cannon (R)
- State Rep. Todd Jones (R)
- State Rep. Charles Martin Jr. (R)
- State Rep. Vance Smith (R)
- State Rep. Bruce Williamson (R)
Opposition
Ballotpedia did not locate a campaign in opposition to the ballot measure.
Campaign finance
If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.
Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
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Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Background
Georgia Tax Tribunal
Georgia has a Tax Tribunal, which was created in 2013, that has jurisdiction to review cases concerning tax matters involving the Georgia Department of Revenue that cannot be resolved informally before the Department of Revenue. The Tax Tribunal is not a part of the state judicial system, but rather, is a part of the executive branch of state government within the Office of State Administrative Hearings. The Tribunal has the authority to hear:[4]
- appeals of an official assessment;
- denials of a taxpayer’s claim for a tax refund;
- challenges to the issuance of a state tax execution;
- a declaratory judgment action challenging the State Revenue Commissioner’s adoption of a Department of Revenue regulation; and
- denials of petition for alternative allocation or apportionment method.
Tax tribunals and tax courts in the U.S.
As of 2020, 35 states had a tax tribunal or tax court. Of the 35 states, 29 tribunals were within the state's executive branch and six states had tax tribunals or tax courts within the state's judicial branch.[5]
Constitutional amendments in Georgia
In the 20-year period from 2002 to 2022, 36 constitutional amendments have been on the ballot in Georgia, of which, 30 (83.33%) were approved and six (16.67%) were defeated. An average of three constitutional amendments are on the ballot during each even-year election. Historically, a minimum of two and a maximum of six amendments were on the Georgia statewide ballot.
Path to the ballot
- See also: Amending the Georgia Constitution
To put a legislatively referred constitutional amendment before voters, a two-thirds (66.67%) vote vote is required in both the Georgia State Senate and the Georgia House of Representatives.
On February 27, 2024, the state House approved House Resolution 598 proposing this amendment by a vote of 165-0, with 13 members excused or not voting. The Senate approved the measure on March 20, 2024, in a vote of 49-1 with six members absent or not voting.[1]
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How to cast a vote
- See also: Voting in Georgia
See below to learn more about current voter registration rules, identification requirements, and poll times in Georgia.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Georgia State Legislature, "House Resolution 598," accessed February 19, 2024
- ↑ 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
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- ↑ Georgia Tax Tribunal, "About the GA Tax Tribunal," accessed March 22, 2024
- ↑ American Institute of Certified Public Accountants, "Chart of States with and without State Tax Tribunals," June 2, 2020
- ↑ State of Georgia, "Vote in Person on Election Day," accessed September 30, 2025
- ↑ LexisNexis, "O.C.G.A. § 21-2-403," accessed September 30, 2025
- ↑ 8.0 8.1 Georgia Secretary of State, "How-to Guide: Registering to Vote," accessed September 30, 2025
- ↑ Georgia.gov, "Register to Vote," accessed September 30, 2025
- ↑ LexisNexis, "O.C.G.A. § 21-2-224," accessed September 30, 2025
- ↑ Georgia Secretary of State, "Georgia Automatic Voter Registration Surges After Web Fix," May 24, 2022
- ↑ The Atlanta Journal-Constitution, "Automatic registration leads to surge of new Georgia voters," April 29, 2019
- ↑ LexisNexis, "O.C.G.A. § 21-2-216," accessed September 30, 2025
- ↑ Pew Trusts, "'Proof of Citizenship' Voting Laws May Surge Under Trump," November 16, 2017
- ↑ Georgia Secretary of State, "Georgia Voter Registration Application," accessed September 30, 2025
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ 17.0 17.1 Georgia Secretary of State, "Georgia Voter Identification Requirements," accessed October 6, 2025
- ↑ [Under a 2025 law, a driver's license must be in a physical format and issued by the Department of Driver Services.]
- ↑ This includes colleges, universities, and technical colleges.
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