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Georgia Referendum A, Property Tax Exemption for Certain Charities Measure (2020)

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Georgia Referendum A
Flag of Georgia.png
Election date
November 3, 2020
Topic
Taxes
Status
Approveda Approved
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

Result Votes Percentage

Approved Yes

3,451,116 73.09%
No 1,270,737 26.91%
Results are officially certified.
Source


Overview

What does this measure do?

See also: Ballot language and constitutional changes

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]


(a) The following property shall be exempt from all ad valorem property taxes in this state:

...

(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.


The FKGL for the ballot title is grade level 32, and the FRE is -7. The word count for the ballot title is 71, and the estimated reading time is 18 seconds. The FKGL for the ballot summary is grade level 20, and the FRE is 24. The word count for the ballot summary is 115, and the estimated reading time is 30 seconds.


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


Arguments

  • Kathy Jenkins, Executive Director of Habitat for Humanity Bulloch County: Jenkins said her branch of Habitat for Humanity, which owns between 10 and 20 properties at a time, means property taxes owed could be around $5,000. Jenkins said, "Twelve hundred dollars provides the sheet rock for a new house. Five thousand dollars provides the framing lumber for a new house, so a thousand to four thousand dollars is a significant part of a new house... One of our lots, the next one we’re going to build on, the estimated taxes would be one hundred and eleven dollars a year. Right next door to it same size lot roughly, is a three bedroom house just like what we’re going to be building. The estimated taxes are just under fifteen hundred dollars. So once that house is built it will help the tax base grow. I think some affiliates hesitate to bring on more vacant lots because of the tax burden that that would place on them, and this would free up money so we could build quickly."


Opposition

If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.

Campaign finance

See also: Campaign finance requirements for Georgia ballot measures
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]

Vote in the Georgia House of Representatives
March 4, 2019
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 120  Approveda
YesNoNot voting
Total164113
Total percent92.13%0.56%7.3%
Democrat6906
Republican9517

Vote in the Georgia State Senate
March 26, 2019
Requirement: Two-thirds (66.67 percent) vote of all members in each chamber
Number of yes votes required: 38  Approveda
YesNoNot voting
Total5402
Total percent96.4%0.00%3.6%
Democrat2102
Republican3300

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.

See also

External links

Footnotes

  1. 1.0 1.1 1.2 1.3 1.4 1.5 1.6 Georgia Legislature, "House Bill 344," accessed September 22, 2020
  2. 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  3. Georgia Secretary of State, "2020 Constitutional Amendments and Referendum Questions," accessed October 2, 2020
  4. Internal Revenue Service, "Exempt Purposes - Internal Revenue Code Section 501(c)(3)," accessed January 13, 2014
  5. Internal Revenue Service, "Life Cycle of a Public Charity/Private Foundation," accessed July 10, 2015
  6. Internal Revenue Service, "Exemption Requirements - 501(c)(3) Organizations," accessed January 13, 2014
  7. Nolo, "IRS Charity Classification: Private Foundation or Public Charity?" accessed July 13, 2015
  8. Guidestar, "Just What Are Public Charities and Private Foundations, Anyway?" August 2001
  9. Georgia Legislature, "HB 788," accessed March 19, 2014
  10. Georgia Secretary of State, "Proposed Constitutional Amendments and State-wide Referendum Question General Election November 2, 2010," accessed November 5, 2015
  11. Georgia General Assembly, "HB 482 full text," accessed September 24, 2010
  12. State of Georgia, "Vote in Person on Election Day," accessed August 12, 2024
  13. 13.0 13.1 Georgia Secretary of State, "How-to Guide: Registering to Vote," accessed August 12, 2024
  14. Georgia.gov, "Registering to Vote," accessed August 12, 2024
  15. Georgia Secretary of State, "Georgia Automatic Voter Registration Surges After Web Fix," May 24, 2022
  16. The Atlanta Journal-Constitution, "Automatic registration leads to surge of new Georgia voters," April 29, 2019
  17. Justia, "Georgia Code, Section 21-2-216," accessed July 2, 2025
  18. AP News, "Kansas hopes to resurrect proof-of-citizenship voting law," accessed October 6, 2019
  19. 19.0 19.1 Pew Trusts, "'Proof of Citizenship' Voting Laws May Surge Under Trump," November 16, 2017
  20. Georgia Secretary of State, "Georgia Voter Registration Application," accessed November 14, 2024
  21. 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. 22.0 22.1 Georgia Secretary of State, "Georgia Voter Identification Requirements," accessed August 12, 2024
  23. This includes colleges, universities, and technical colleges.