Oregon Ballot Measure 47 (1996)
Encyclopedia
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 "double majority
" rule requiring at least a 50-percent voter turnout for all local tax measures in most elections (partially repealed in 2008 by Measure 56
). It strengthened state constitutional
limits, first imposed by Measure 5
, on property tax
es on real estate
.
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.
The law enacted by Measure 47 was amended in 1997, when the Oregon Legislative Assembly
referred Measure 50 to voters to clarify that Measure 47 was intended to limit increases in real-estate assessments to 3 percent per year. The measure passed.
and his Oregon Taxpayers United anti-tax group, as part of the Oregon tax revolt
. Proponents were upset by rising property taxes, largely caused by increasing real-estate values in the Portland
area. Proponents were concerned about levy elections when there was little awareness of issues and turnout was expected to be low. Under Oregon law, two regularly scheduled statewide elections, the primary election
in May and the general election
in November, are held in every even-numbered year. In addition, four regularly scheduled elections can be held at the local level every year. Beyond this, the legislature may call a special election at any time.
Opponents feared that reducing taxes would cause cuts to schools beyond those they blamed on Measure 5
. Furthermore, they opposed the double majority rule, arguing it gave non-voters more political power than those willing to vote.
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.
Nonetheless, the legislature
sent Measure 50 to voters the next year to clarify that the cap applied to the assessed value of the property as well.
" rule, which placed an additional requirement on state and local tax levies. The rule applies to all elections besides general election
s held in even-numbered years. For a levy initiative or referral to pass in other elections, not only do more voters have to vote "yes" than "no", but at least 50 percent of registered voters must vote in the election. The double majority is a type of supermajority
similar to an absolute majority.
In the U.S., general elections include presidential elections, held in even-numbered years once every four years on Election Day
, the Tuesday after the first Monday in November. General elections also include midterm elections in which members of Congress, state legislators, and some state governors are chosen on Election Day in the years midway between presidential elections.
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.
In response, local governments generally prefer placing such measures on general-election ballots.
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.
(By law, Oregon ballot measures are worded so that "No" means "no change" and "Yes" means "adopt the measure.")
In 1998, Measure 53 sought to reverse the double majority provision but won only 49 percent of the vote.
In 2007, activists representing schools, the public employee union, and business interests lobbied the Oregon Legislative Assembly
to scale back the requirement, and by June 2007 both houses of the legislature had approved House Joint Resolution 15, putting a measure before the voters on the November 2008 ballot.
This measure appeared as Measure 56
, and would exempt elections held in May and November of any year from the double majority requirement. It was later passed by voters on November 4, 2008. Proponents of the measure called the double majority rule undemocratic because, in their view, the rule gave non-voters unfair influence in the democratic process by allowing them to make measures fail that otherwise won support among the majority of those who actually voted. They also argued that because of Oregon's exclusive vote-by-mail
voting system, which makes it more convenient to vote, there is no reason for people not to vote.
Opponents considered unfair the idea that a small percentage of people could impose new taxes on others. They argued that the double majority rule was necessary to keep this from happening, and claimed that if it were repealed, taxes would raise too much.
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 tax
es, unintended consequences, and vulnerability to legal challenges.
Measure 50 was approved by voters in the May 20, 1997 special election, with 429,943 votes in favor, and 341,781 votes against.
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
, 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. 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.
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
in the U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...
that passed in 1996, affecting the assessment of property taxes and instituting a double majority
Double majority
A double majority is the name given to a vote which requires a majority of votes according to two separate criteria. The mechanism is usually used to require strong support for any measure considered to be of great importance...
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
Oregon Legislative Assembly
The Oregon Legislative Assembly is the state legislature for the U.S. state of Oregon. The Legislative Assembly is bicameral, consisting of an upper and lower house: the Senate, whose 30 members are elected to serve four-year terms; and the House of Representatives, with 60 members elected to...
.
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 "double majority
Double majority
A double majority is the name given to a vote which requires a majority of votes according to two separate criteria. The mechanism is usually used to require strong support for any measure considered to be of great importance...
" rule requiring at least a 50-percent voter turnout for all local tax measures in most elections (partially repealed in 2008 by Measure 56
Oregon Ballot Measure 56 (2008)
Oregon Ballot Measure 56 or House Joint Resolution 15 is a legislatively-referred constitutional amendment that enacted law which provides that property tax elections decided at May and November elections will be decided by a majority of voters who are voting in the relevant election...
). It strengthened state constitutional
Oregon Constitution
The Oregon Constitution is the governing document of the U.S. state of Oregon, originally enacted in 1857. As amended the current state constitution contains eighteen sections, beginning with a bill of rights. This contains most of the rights and privileges granted in the United States Bill of...
limits, first imposed by Measure 5
Oregon Ballot Measure 5 (1990)
Ballot Measure 5 was a landmark piece of direct legislation in the U.S. state of Oregon in 1990. Measure 5, an amendment to the Oregon Constitution , established limits on Oregon's property taxes on real estate....
, on property tax
Property tax
A property tax is an ad valorem levy on the value of property that the owner is required to pay. The tax is levied by the governing authority of the jurisdiction in which the property is located; it may be paid to a national government, a federated state or a municipality...
es on real estate
Real estate
In general use, esp. North American, 'real estate' is taken to mean "Property consisting of land and the buildings on it, along with its natural resources such as crops, minerals, or water; immovable property of this nature; an interest vested in this; an item of real property; buildings or...
.
Measure 47 was placed on the ballot by initiative petition
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
by anti-tax activist Bill Sizemore
Bill Sizemore
Bill Sizemore is a political activist in Redmond, Oregon, United States. Sizemore has never held elected office, but has nonetheless been a major political figure in Oregon since the 1990s. He is considered one of the main proponents of the Oregon tax revolt, a movement that seeks to reduce taxes...
and approved by voters in the November 1996 general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
, with 704,554 votes in favor and 642,613 votes against.
The law enacted by Measure 47 was amended in 1997, when the Oregon Legislative Assembly
Oregon Legislative Assembly
The Oregon Legislative Assembly is the state legislature for the U.S. state of Oregon. The Legislative Assembly is bicameral, consisting of an upper and lower house: the Senate, whose 30 members are elected to serve four-year terms; and the House of Representatives, with 60 members elected to...
referred Measure 50 to voters to clarify that Measure 47 was intended to limit increases in real-estate assessments to 3 percent per year. The measure passed.
Measure 47
The measure was sponsored by Bill SizemoreBill Sizemore
Bill Sizemore is a political activist in Redmond, Oregon, United States. Sizemore has never held elected office, but has nonetheless been a major political figure in Oregon since the 1990s. He is considered one of the main proponents of the Oregon tax revolt, a movement that seeks to reduce taxes...
and his Oregon Taxpayers United anti-tax group, as part of the Oregon tax revolt
Oregon tax revolt
The Oregon tax revolt is a political movement in Oregon which advocates for lower taxes. This movement is part of a larger anti-tax movement in the western United States...
. Proponents were upset by rising property taxes, largely caused by increasing real-estate values in the Portland
Portland, Oregon
Portland is a city located in the Pacific Northwest, near the confluence of the Willamette and Columbia rivers in the U.S. state of Oregon. As of the 2010 Census, it had a population of 583,776, making it the 29th most populous city in the United States...
area. Proponents were concerned about levy elections when there was little awareness of issues and turnout was expected to be low. Under Oregon law, two regularly scheduled statewide elections, the primary election
Primary election
A primary election is an election in which party members or voters select candidates for a subsequent election. Primary elections are one means by which a political party nominates candidates for the next general election....
in May and the general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
in November, are held in every even-numbered year. In addition, four regularly scheduled elections can be held at the local level every year. Beyond this, the legislature may call a special election at any time.
Opponents feared that reducing taxes would cause cuts to schools beyond those they blamed on Measure 5
Oregon Ballot Measure 5 (1990)
Ballot Measure 5 was a landmark piece of direct legislation in the U.S. state of Oregon in 1990. Measure 5, an amendment to the Oregon Constitution , established limits on Oregon's property taxes on real estate....
. Furthermore, they opposed the double majority rule, arguing it gave non-voters more political power than those willing to vote.
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.
Nonetheless, the legislature
Oregon Legislative Assembly
The Oregon Legislative Assembly is the state legislature for the U.S. state of Oregon. The Legislative Assembly is bicameral, consisting of an upper and lower house: the Senate, whose 30 members are elected to serve four-year terms; and the House of Representatives, with 60 members elected to...
sent Measure 50 to voters the next year to clarify that the cap applied to the assessed value of the property as well.
Double majority rule
Measure 47 enacted Oregon's "double majorityDouble majority
A double majority is the name given to a vote which requires a majority of votes according to two separate criteria. The mechanism is usually used to require strong support for any measure considered to be of great importance...
" rule, which placed an additional requirement on state and local tax levies. The rule applies to all elections besides general election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
s held in even-numbered years. For a levy initiative or referral to pass in other elections, not only do more voters have to vote "yes" than "no", but at least 50 percent of registered voters must vote in the election. The double majority is a type of supermajority
Supermajority
A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple majority . In some jurisdictions, for example, parliamentary procedure requires that any action that may alter the rights of the minority has a supermajority...
similar to an absolute majority.
In the U.S., general elections include presidential elections, held in even-numbered years once every four years on Election Day
Election Day (United States)
Election Day in the United States is the day set by law for the general elections of public officials. It occurs on the Tuesday after the first Monday in November. The earliest possible date is November 2 and the latest possible date is November 8...
, the Tuesday after the first Monday in November. General elections also include midterm elections in which members of Congress, state legislators, and some state governors are chosen on Election Day in the years midway between presidential elections.
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.
In response, local governments generally prefer placing such measures on general-election ballots.
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.
(By law, Oregon ballot measures are worded so that "No" means "no change" and "Yes" means "adopt the measure.")
In 1998, Measure 53 sought to reverse the double majority provision but won only 49 percent of the vote.
In 2007, activists representing schools, the public employee union, and business interests lobbied the Oregon Legislative Assembly
Oregon Legislative Assembly
The Oregon Legislative Assembly is the state legislature for the U.S. state of Oregon. The Legislative Assembly is bicameral, consisting of an upper and lower house: the Senate, whose 30 members are elected to serve four-year terms; and the House of Representatives, with 60 members elected to...
to scale back the requirement, and by June 2007 both houses of the legislature had approved House Joint Resolution 15, putting a measure before the voters on the November 2008 ballot.
This measure appeared as Measure 56
Oregon Ballot Measure 56 (2008)
Oregon Ballot Measure 56 or House Joint Resolution 15 is a legislatively-referred constitutional amendment that enacted law which provides that property tax elections decided at May and November elections will be decided by a majority of voters who are voting in the relevant election...
, and would exempt elections held in May and November of any year from the double majority requirement. It was later passed by voters on November 4, 2008. Proponents of the measure called the double majority rule undemocratic because, in their view, the rule gave non-voters unfair influence in the democratic process by allowing them to make measures fail that otherwise won support among the majority of those who actually voted. They also argued that because of Oregon's exclusive vote-by-mail
Postal voting
Postal voting describes the method of voting in an election whereby ballot papers are distributed or returned by post to electors, in contrast to electors voting in person at a polling station or electronically via an electronic voting system....
voting system, which makes it more convenient to vote, there is no reason for people not to vote.
Opponents considered unfair the idea that a small percentage of people could impose new taxes on others. They argued that the double majority rule was necessary to keep this from happening, and claimed that if it were repealed, taxes would raise too much.
Measure 50
Measure 50 was sent to the voters by the Oregon LegislatureOregon Legislative Assembly
The Oregon Legislative Assembly is the state legislature for the U.S. state of Oregon. The Legislative Assembly is bicameral, consisting of an upper and lower house: the Senate, whose 30 members are elected to serve four-year terms; and the House of Representatives, with 60 members elected to...
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 tax
Property tax
A property tax is an ad valorem levy on the value of property that the owner is required to pay. The tax is levied by the governing authority of the jurisdiction in which the property is located; it may be paid to a national government, a federated state or a municipality...
es, unintended consequences, and vulnerability to legal challenges.
Measure 50 was approved by voters in the May 20, 1997 special election, with 429,943 votes in favor, and 341,781 votes against.
After the passage of Measure 47, as part of the ongoing anti-tax movement
Oregon tax revolt
The Oregon tax revolt is a political movement in Oregon which advocates for lower taxes. This movement is part of a larger anti-tax movement in the western United States...
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
Oregon Attorney General
The Oregon Attorney General is a statutory office within the executive branch of the state of Oregon, and serves as the chief legal officer of the state, heading its Department of Justice with its six operating divisions. The Attorney General is chosen by statewide partisan election to serve a term...
, 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. Proponents argued that Measure 50 was necessary to avoid a lengthy legal battle as well as budget
Budget
A budget is a financial plan and a list of all planned expenses and revenues. It is a plan for saving, borrowing and spending. A budget is an important concept in microeconomics, which uses a budget line to illustrate the trade-offs between two or more goods...
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)Oregon Ballot Measure 25 (1996)Ballot Measure 25 of 1996 was a piece of direct legislation in the U.S. state of Oregon. The measure, which was successful, requires a three-fifths supermajority in both houses of the Oregon Legislative Assembly for any revenue-raising legislation.- See also :...
, established a different supermajority requirement in the Legislature - Oregon Ballot Measure 5 (1990)Oregon Ballot Measure 5 (1990)Ballot Measure 5 was a landmark piece of direct legislation in the U.S. state of Oregon in 1990. Measure 5, an amendment to the Oregon Constitution , established limits on Oregon's property taxes on real estate....
- List of Oregon ballot measures
External links
- Oregon Voter's Guide for Measure 47--includes the full text of the measure, and arguments for and against
- Oregon Voter's Guide page for Measure 50--includes the full text of the measure, explanatory statement, financial impact estimates, and arguments for and against.