Georgia Referendum A, Property Tax Exemption for Certain Charities Measure (2020)
Georgia Referendum A | |
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Election date November 3, 2020 | |
Topic Taxes | |
Status![]() | |
Type State statute | Origin State legislature |
Georgia Referendum A, the Property Tax Exemption for Certain Charities Measure, was on the ballot in Georgia as a legislatively referred state statute on November 3, 2020. It was approved.
A "yes" vote supported exempting from property taxes property owned by a 501(c)(3) public charity if the property is owned exclusively for the purpose of building or repairing single-family homes and the charity provides interest-free financing to the individual(s) purchasing the home. |
A "no" vote opposed authorizing a property tax exemption for certain property owned by certain 501(c)(3) public charities. |
Election results
Georgia Referendum A |
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Result | Votes | Percentage | ||
3,451,116 | 73.09% | |||
No | 1,270,737 | 26.91% |
Overview
What does this measure do?
This measure exempts from property taxes property owned by a 501(c)(3) public charity (such as Habitat for Humanity) if the property is owned exclusively for the purpose of building or repairing single-family homes and the charity provides interest-free financing to the individual(s) purchasing the home.[1]
How did this measure get on the ballot?
- See also: Path to the ballot
The measure was sponsored by Republican Representatives Matthew Gambill, Matt Hatchett, Deborah Silcox, Matt Dollar, Mitchell Scoggins, Democratic Representative David Dreyer, and Republican Senator Bruce Thompson. The measure was passed in the Georgia State House of Representatives by a vote of 164-1 on March 4, 2019. The state Senate passed the measure by a vote of 54-0 on March 26, 2019. Governor Brian Kemp (R) signed the bill on May 2, 2019.[1]
The measure required a two-thirds vote in the Georgia State Legislature since it was designed to create a property tax exemption. Under Section 2 of Article VII of the state constitution, property tax exemption bills require a two-thirds supermajority vote (rather than a simple majority vote) in the state legislature and must be approved by a majority of statewide voters.[1]
Text of measure
Ballot question
The ballot question was as follows:[1]
“ | Shall the Act be approved which provides an exemption from ad valorem taxes for all real property owned by a purely public charity, if such charity is exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code and such real property is held exclusively for the purpose of building or repairing single-family homes to be financed by such charity to individuals using loans that shall not bear interest?
( ) YES ( ) NO[2] |
” |
Ballot summary
The ballot summary for the measure was as follows:[3]
“ | This proposal authorizes a new exemption from ad valorem taxes for all real property owned by a purely public charity, if such charity is exempt from federal taxation and such property is used only for building or repairing single-family homes to be financed by such charity to individuals using zero interest loans. It amends Code Section 48-5-41 of the Official Code of Georgia Annotated by deleting "and" at the end of paragraph (14), by replacing the period with "; and" at the end of paragraph (15), and by adding a new paragraph.
If approved by a majority of the voters, the Act becomes effective on January 1, 2021, and applies to all tax years beginning on or after that date.[2] |
” |
Full text
The measure adds paragraph 16 to Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated (O.C.G.A. 48-5-41). The following underlined text would be added:[1]
... (16) All real property owned by a purely public charity, if such charity is exempt from taxation under Section 501(c)(3) of the federal Internal Revenue Code and such real property is held exclusively for the purpose of building or repairing single-family homes to be financed by such charity to individuals using loans that shall not bear interest. If any portion of such real property is not financed without interest by such charity to an individual purchasing a single-family home then the full amount of all ad valorem taxes exempted for such property pursuant to this paragraph shall become due and payable. |
Readability score
- See also: Ballot measure readability scores, 2020
Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary 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 Georgia State Legislature wrote the ballot language for this measure.
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Support
The measure was sponsored by Republican Representatives Matthew Gambill, Matt Hatchett, Deborah Silcox, Matt Dollar, Mitchell Scoggins, Democratic Representative David Dreyer, and Republican Senator Bruce Thompson.
Supporters
Officials
- State Representative Matt Dollar (R)
- State Representative David Dreyer (D)
- State Representative Matthew Gambill (R)
- State Representative Matt Hatchett (R)
- State Representative Mitchell Scoggins (R)
- State Representative Deborah Silcox (R)
- State Senator Bruce Thompson (R)
Arguments
Opposition
If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.
Campaign finance
Total campaign contributions: | |
Support: | $0.00 |
Opposition: | $0.00 |
Ballotpedia did not identify any committees registered in support of or in opposition to the measure.
If you are aware of a committee registered to support or oppose this measure, please email editor@ballotpedia.org.
Background
501(c)(3) organizations and public charities
- See also: 501(c)(3)
501(c)(3) refers to a section of the U.S. federal income tax code concerning charitable, religious, and educational organizations.[4] Organizations that have been granted 501(c)(3) status by the Internal Revenue Service are exempt from federal income tax.[5] This exemption requires that any political activity by the charitable organization be nonpartisan in nature.[6]
501(c)(3) organizations are commonly called charitable organizations and are classified as either private foundations or public charities. Public charities are more common; they are publicly supported through donations. Most churches, schools, hospitals, and research organizations are categorized as public charities.[7] According to Guidestar.org, a 501(c)(3) directory of nonprofit groups, "Public charities are the organizations people usually think of when they hear the word charity. These nonprofits' missions range from helping the poor to easing community tensions to advancing religion, education, or science."[8]
Property tax exemption measures in Georgia
The measure required a two-thirds vote in the Georgia State Legislature since it was designed to create a property tax exemption. Under Section 2 of Article VII of the state constitution, property tax exemption bills require a two-thirds supermajority vote (rather than a simple majority vote) in the state legislature and must be approved by a majority of statewide voters. From 2010 through 2018, four property tax exemption measures appeared on the statewide ballot and all were approved.[1]
2018: Two property tax exemption measures— Referendum A and Referendum B— were on the statewide ballot in 2018. Both were approved; Referendum A by a vote of 57% to 43% and Referendum B by a vote of 77% to 23%. Referendum A provided for a homestead property tax exemption in certain municipalities equal to the difference between the home's assessed value for the current year and the adjusted base year value of the home. Referendum B provided that an existing tax exemption for nonprofit housing for the mentally disabled could be applied to housing constructed or renovated through financing from businesses.
2014: Referendum 1, which was approved by voters in 2014, extended a public property ad valorem tax exemption to privately held and operated student dormitories and parking decks that are obliged by contract to serve universities within the University of Georgia system. It was approved by a vote of 74% to 26%.[9]
2010: Referendum A, approved by voters in 2010, provided that inventory of businesses is exempt from state property tax. It was approved by a vote of 54% to 46%.[10][11]
Path to the ballot
Article VII, Section II, Paragraph II(a) of the Georgia Constitution requires the legislature to pass any proposed tax exemptions by a two-thirds (66.67%) vote in each chamber. Legislative approval of a proposal refers it to the ballot, where simple majority voter approval is required.
This measure was introduced as House Bill 344 on February 15, 2019. The measure was sponsored by Republican Representatives Matthew Gambill, Matt Hatchett, Deborah Silcox, Matt Dollar, Mitchell Scoggins, Democratic Representative David Dreyer, and Republican Senator Bruce Thompson. The measure was passed in the Georgia State House of Representatives by a vote of 164-1 on March 4, 2019. The state Senate passed the measure by a vote of 54-0 with two members excused on March 26, 2019. Governor Brian Kemp (R) signed the bill on May 2, 2019. The measure required a two-thirds supermajority vote in the House and Senate.[1]
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How to cast a vote
- See also: Voting in Georgia
Click "Show" to learn more about voter registration, identification requirements, and poll times in Georgia.
How to cast a vote in Georgia | |||||
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Poll timesIn Georgia, polls are open from 7 a.m. until 7 p.m. Eastern Time. In cities with a population greater than 300,000 people, polls remain open until 8 p.m. An individual who is in line at the time polls close must be allowed to vote.[12] Registration requirements
To vote in Georgia, one must be a citizen of the United States and a legal resident of their county. The voter must be at least 17.5 years of age at the time of registration and 18 at the time of the election, and not serving a sentence for a felony conviction.[13][14] The deadline to register to vote is 29 days prior to the election. Registration can be completed online, in person, or by mail.[13] Automatic registrationIn Georgia, eligible voters are automatically registered to vote when they conduct transactions at the Department of Driver Services. This automatic registration program began in 2016.[15][16] Online registration
Georgia has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registrationGeorgia does not allow same-day voter registration. Residency requirementsTo register to vote in Georgia, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible. Verification of citizenshipA Georgia state law, passed in 2009, required voters to provide proof of U.S. citizenship when registering to vote. However, as of June 2025, the law had not been implemented.[17][18][19] In 2013, the U.S. Supreme Court ruled that states cannot require proof of citizenship with federal registration forms. That meant states would need to create a separate registration system for state elections in order to require proof of citizenship. In Georgia, an individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, a voter who provides false information on a voter registration application is guilty of a felony.[20] [19] All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[21] Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters. Verifying your registrationThe site My Voter Page, run by the Georgia Secretary of State's office, allows residents to check their voter registration status online. Voter ID requirementsGeorgia requires voters to present photo identification while voting in person or by mail/absentee.[22] The following list of accepted ID was current as of August 2024. Click here for the Georgia Secretary of State's page on accepted ID to ensure you have the most current information.
Voters can obtain a free voter ID card from any county registrar's office or Department of Driver Services Office. Click here for more information on obtaining a free voter ID card in Georgia. |
See also
External links
- House Bill 344 (2019-2020)
- LegiScan: House Bill 344
- 2020 Proposed Constitutional Amendments and Statewide Referendum Questions
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 Georgia Legislature, "House Bill 344," accessed September 22, 2020
- ↑ 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Georgia Secretary of State, "2020 Constitutional Amendments and Referendum Questions," accessed October 2, 2020
- ↑ Internal Revenue Service, "Exempt Purposes - Internal Revenue Code Section 501(c)(3)," accessed January 13, 2014
- ↑ Internal Revenue Service, "Life Cycle of a Public Charity/Private Foundation," accessed July 10, 2015
- ↑ Internal Revenue Service, "Exemption Requirements - 501(c)(3) Organizations," accessed January 13, 2014
- ↑ Nolo, "IRS Charity Classification: Private Foundation or Public Charity?" accessed July 13, 2015
- ↑ Guidestar, "Just What Are Public Charities and Private Foundations, Anyway?" August 2001
- ↑ Georgia Legislature, "HB 788," accessed March 19, 2014
- ↑ Georgia Secretary of State, "Proposed Constitutional Amendments and State-wide Referendum Question General Election November 2, 2010," accessed November 5, 2015
- ↑ Georgia General Assembly, "HB 482 full text," accessed September 24, 2010
- ↑ State of Georgia, "Vote in Person on Election Day," accessed August 12, 2024
- ↑ 13.0 13.1 Georgia Secretary of State, "How-to Guide: Registering to Vote," accessed August 12, 2024
- ↑ Georgia.gov, "Registering to Vote," accessed August 12, 2024
- ↑ 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
- ↑ Justia, "Georgia Code, Section 21-2-216," accessed July 2, 2025
- ↑ AP News, "Kansas hopes to resurrect proof-of-citizenship voting law," accessed October 6, 2019
- ↑ 19.0 19.1 Pew Trusts, "'Proof of Citizenship' Voting Laws May Surge Under Trump," November 16, 2017
- ↑ Georgia Secretary of State, "Georgia Voter Registration Application," accessed November 14, 2024
- ↑ 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."
- ↑ 22.0 22.1 Georgia Secretary of State, "Georgia Voter Identification Requirements," accessed August 12, 2024
- ↑ This includes colleges, universities, and technical colleges.
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