Georgia November 2020 General Election – Ballot Questions
Along with the candidates for federal, state and local offices, voters will have a variety of ballot initiatives and referendums to consider as they view their ballots for the 2020 November general election. It’s always important to look at these in advance so you better understand the questions when you go in. There are three measures that all Georgia voters will see on their ballots across the entire state. Two of them are amendments to the Georgia state Constitution, a third is a statewide referendum. Each of the measures listed will have to be answered by a “Yes” or “No” vote on the ballot. The two amendments will be listed under the heading "Proposed Constitutional Amendments." The referendum will be listed on the ballot under the heading "Statewide Referendum."
Constitutional Amendments
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Authorizes dedication of fees and taxes to their intended purposes by general state law.
House Resolution 164
Act No. 597
“Shall the Constitution of Georgia be amended so as to authorize the General Assembly to dedicate revenues derived from fees or taxes to the public purpose for which such fees or taxes were intended?”
Yes – or – No
Resolution Summary:
House Resolution 164 allows the General Assembly to dedicate funds from fees or taxes for the purpose for which they are imposed by general law. The general law dedicating the fee must reference this provision of the Constitution; provide the specific purpose for which the fee will be used; identify the agency to administer the funds; require annual reporting of the revenue and expenditures by the department administering the funds; and include a sunset date not to exceed 10 years. The total amount of funds dedicated by this provision of the Constitution may not exceed one percent of the total state revenues of the prior fiscal year. Funds dedicated by this provision do not lapse.
Any law enacted pursuant to this provision requires the approval of two-thirds of the members of each branch of the General Assembly; however, it takes only a simple majority to repeal a law enacted pursuant to this provision. In the event the governor declares a financial emergency, which shall be deemed to exist if revenue collections decrease by three percent or more from the previous year or the state experiences three consecutive months of declining revenues during the current fiscal year, the governor or the General Assembly may temporarily suspend the dedication of these revenues and appropriate such revenues. This option is limited to three, two-year periods during any 10-year period. The resolution also provides ballot language.
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Waives state and local sovereign immunity for violation of state laws, state and federal constitutions.
House Resolution 1023
Act No. 596
“Shall the Constitution of Georgia be amended to waive sovereign immunity and allow the people of Georgia to petition the superior court for relief from governmental acts done outside the scope of lawful authority or which violate the laws of this state, the Constitution of Georgia, or the Constitution of the United States.”
Yes – or – No
Resolution Summary:
House Resolution 1023 proposes an amendment to the Georgia Constitution to waive sovereign immunity for actions in the superior court seeking declaratory relief from acts of the state, or any county, consolidated government, or municipality of this state, outside the scope of lawful authority or in violation of the laws of the Georgia Constitution or the Constitution of the United States. A court awarding declaratory relief may enjoin such acts to enforce its judgment. The waiver applies to past, current and prospective acts that occur on or after January 1, 2021.
Actions against the state shall be brought exclusively against the state and in the name of the State of Georgia. Actions against any county, consolidated government, or municipality shall be brought exclusively against the named entity.
The power of the court to dismiss or deny relief and other powers of the court to hear a case are not affected. The General Assembly may limit the power or duty of a court to dismiss any action or deny relief.
No damages, attorney's fees or costs of litigation shall be awarded in an action authorized by this amendment.
Statewide Referendum
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Establishes a tax exemption for certain real property owned by charities.
House Bill 344
Act No. 149
“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 – or – No
Bill Summary:
House Bill 344 amends O.C.G.A. 48-5-41, relating to property exempt from ad valorem taxation, by adding an exemption for all real property owned by a charity (Like Habitat for Humanity as an example) if the property is held exclusively for the purpose of building or repairing single-family homes to be financed by the charity to individuals using interest free loans. If the property is not used for the purpose of building or repairing single-family homes to be financed by the charity to individuals using interest free loans, then the full amount of ad valorem taxes exempted shall be due and payable.
My Voter Page and Information on Where to Vote
To look up your ballot and the specific local officials up for election, go to the “my voter page” on the Secretary of State’s website. There you can log in using your name and county to view a copy of your ballot prior to voting.
https://www.mvp.sos.ga.gov/MVP/mvp.do