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Posted on: October 7, 2024

[ARCHIVED] PROPOSED CONSTITUTIONAL AMENDMENTS AND STATE-WIDE REFERENDUM QUESTION

PROPOSED CONSTITUTIONAL AMENDMENTS AND STATE-WIDE REFERENDUM QUESTION

GENERAL ELECTION

NOVEMBER 5, 2024


Constitutional Amendments 1-2

Summaries of Amendments and

State-wide Referendum Question A


This booklet contains copies of the two proposed

amendments to the Constitution in their entirety.

These amendments will be submitted at the general

election on November 5, 2024. As required by the

Constitution, these proposed amendments in their

entirety are on file in the office of the judge of the

probate court in each county and are available for

public inspection. This booklet also includes

summaries of the two proposals as prepared by

Attorney General Christopher Carr, Secretary of

State Brad Raffensperger, and Legislative

Counsel Betsy Howerton and published in the

newspaper which is each county's official legal

organ. In addition, a summary of the state-wide

referendum question prepared by Secretary of State

Brad Raffensperger is included.



CONSTITUTIONAL AMENDMENTS 1-2

- 1 -

House Resolution No. 1022

Ga. L. 2024, p. 1191

A RESOLUTION

Proposing an amendment to the

Constitution so as to authorize

the General Assembly to provide

by general law for a state-wide

homestead exemption that

serves to limit increases in the

assessed value of homesteads,

but which any county,

consolidated government,

municipality, or local school

system may opt out of upon the

completion of certain

procedures; to provide for the

submission of this amendment

for ratification or rejection; and

for other purposes.

BE IT RESOLVED BY THE

GENERAL ASSEMBLY OF

GEORGIA:

SECTION 1.

Article VII, Section II of the

Constitution is amended in

Paragraph II by adding a new

subparagraph (a.1) to read as

follows:

"(a.1) In addition to the

powers otherwise authorized by

this Constitution, the General

Assembly shall be authorized to

provide by general law for a

single state-wide homestead

exemption from ad valorem

taxes that is uniformly

applicable to each county,

consolidated government,

municipality, or local school

system beginning January 1,

2025; provided, however, that

the General Assembly may:

(1) Limit the application of

the homestead exemption to any

such political subdivisions that

do not already have certain

existing homestead exemptions

in effect;

(2) Prescribe a method by

which any such political

subdivision may opt out of said

homestead exemption; and

(3) Prescribe a method by

which any such newly created

political subdivision may opt in

to such homestead exemption."

SECTION 2.

The above proposed amendment

to the Constitution shall be

published and submitted as

provided in Article X, Section I,

Paragraph II of the Constitution.

The ballot submitting the above

proposed amendment shall have

written or printed thereon the

following:

"( ) YES

( ) NO

Shall the

Constitution of

Georgia be

amended so as to

authorize the

General Assembly

to provide by

general law for a

state-wide

homestead

exemption that

serves to limit

increases in the

assessed value of

homesteads, but

which any county,

consolidated

government,

municipality, or

local school

system may opt

out of upon the

completion of

certain

procedures?"

All persons desiring to vote in

favor of ratifying the proposed

amendment shall vote "Yes."

All persons desiring to vote

against ratifying the proposed

amendment shall vote "No." If

such amendment shall be ratified

as provided in said Paragraph of

the Constitution, it shall become

a part of the Constitution of this

state.

- 2 -

House Resolution No. 598

Ga. L. 2024, p. 1189

A RESOLUTION

Proposing an amendment to the

Constitution so as to vest

judicial power of the state in the

Georgia Tax Court; to provide

for venue and jurisdiction of the

Georgia Tax Court; to provide

for concurrent jurisdiction with

superior courts; to provide for

judges of the Georgia Tax Court

and their qualifications; to

provide for vacancies; to

provide for related matters; to

provide for the submission of

this amendment for ratification

or rejection; and for other

purposes.

BE IT RESOLVED BY THE

GENERAL ASSEMBLY OF

GEORGIA:

SECTION 1.

Article VI, Section I of the

Constitution is amended by

revising Paragraph I as follows:

"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, statewide

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."

SECTION 2.

Article VI, Section II of the

Constitution is amended by

adding a new paragraph to read

as follows:

"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."

SECTION 3.

Article VI, Section III of the

Constitution is amended by

adding a new paragraph to read

as follows:

"Paragraph III. Jurisdiction

of Georgia Tax Court. The

Georgia Tax Court shall have

state-wide jurisdiction as

provided by law."

SECTION 4.

Article VI, Section IV of the

Constitution is amended by

revising Paragraph I as follows:

"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."

SECTION 5.

Article VI, Section VII of the

Constitution is amended in

Paragraph I by adding a new

subparagraph to read as follows:

"(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."

SECTION 6.

Article VI, Section VII of the

Constitution is amended in

Paragraph II by adding a new

subparagraph to read as follows:

"(b.2) Georgia Tax Court

judges shall have such

qualifications as provided by

law."

SECTION 7.

Article VI, Section VII of the

Constitution, relating to classes

of courts of limited jurisdiction,

is amended by revising

Paragraph III as follows:

"Paragraph III. Vacancies.

Vacancies shall be filled by

appointment of the Governor

except as otherwise provided by

law in the magistrate, probate,

and juvenile courts. Vacancies in

the state-wide business court

shall be filled by appointment of

the Governor, subject to

approval as specified in

subparagraph (b) of Paragraph

(I) of this section. Vacancies in

the Georgia Tax Court shall be

filled by appointment of the

Governor, subject to approval as

provided for in subparagraph (c)

of Paragraph (I) of this section."

SECTION 8.

The above proposed amendment

to the Constitution shall be

published and submitted as

provided in Article X, Section I,

Paragraph II of the Constitution.

The ballot submitting the above

proposed amendment shall have

written or printed thereon the

following:

"( ) YES

( ) NO

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?"

All persons desiring to vote in

favor of ratifying the proposed

amendment shall vote "Yes." All

persons desiring to vote against

ratifying the proposed

amendment shall vote "No." If

such amendment shall be ratified

as provided in said Paragraph of

the Constitution, it shall become

a part of the Constitution of this

state.

SUMMARIES OF PROPOSED

CONSTITUTIONAL AMENDMENTS

AND

STATE-WIDE REFERENDUM QUESTION

ON THE GENERAL ELECTION BALLOT

NOVEMBER 5, 2024

SUMMARIES OF

PROPOSED

CONSTITUTIONAL

AMENDMENTS

Pursuant to requirements of

the Georgia Constitution,

Attorney General Christopher

Carr, Secretary of State Brad

Raffensperger, and

Legislative Counsel Betsy

Howerton hereby provide the

summaries of the proposed

constitutional amendments

that will appear on the

November 5, 2024, general

election ballot for

consideration by the people

of Georgia (short captions are

those adopted by the

Constitutional Amendments

Publication Board):

-1 -

Provides for a general law

state-wide homestead

exemption that may

differentiate among

political subdivisions.

House Resolution No. 1022

Ga. L. 2024, p. 1191

"( ) YES

( ) NO

Shall the

Constitution of

Georgia be

amended so as to

authorize the

General Assembly

to provide by

general law for a

state-wide

homestead

exemption that

serves to limit

increases in the

assessed value of

homesteads, but

which any county,

consolidated

government,

municipality, or

local school

system may opt

out of upon the

completion of

certain

procedures?"

Summary

This proposal amends Article

VII, Section II, Paragraph II

of the Georgia Constitution to

add a new subparagraph (a.1)

to authorize the General

Assembly to provide by

general law for a state-wide

uniform homestead

exemption. The law may limit

this exemption to different

political subdivisions that do

not already have existing

homestead exemptions, and

may provide for political

subdivisions to opt out, or for

future political subdivisions

to opt in.

A copy of this entire proposed

constitutional amendment is

on file in the office of the

judge of the probate court and

is available for public

inspection.

- 2 -

Provides for a state-wide

Georgia Tax Court.

House Resolution No. 598

Ga. L. 2024, p. 1189

"( ) YES

( ) NO

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?"

Summary

This proposal creates a statewide

Georgia Tax Court with

state-wide jurisdiction for use

under certain

circumstances. It contains

provisions relating to venue,

jurisdiction, and powers of

such court. It provides for

appointment of Georgia Tax

Court judges with

qualifications to be provided

by law, and for filling of

vacancies.

A copy of this entire proposed

constitutional amendment is

on file in the office of the

judge of the probate court and

is available for public

inspection.

SUMMARY OF

PROPOSED STATE-WIDE

REFERENDUM

QUESTION

Pursuant to Code Section 21-2-4

of the O.C.G.A., the Secretary of

State is authorized to include

with the summaries of proposed

constitutional amendments

summaries of any state-wide

referendum questions to be

voted on at the same general

election:

- A -

Raises amount of tangible

personal property tax

exemption from $7,500.00 to

$20,000.00.

House Bill No. 808

Act No. 581

Ga. L. 2024, p. 696

"( ) YES

( ) NO

Do you approve

the Act that

increases an

exemption from

property tax for

all tangible

personal

property from

$7,500.00 to

$20,000.00?"

Summary

This proposal raises the amount

of tangible personal property tax

exemption from $7,500.00 to

$20,000.00. It amends Code

Section 48-5-42.1 of the Official

Code of Georgia Annotated in

subsection (b).

If approved by a majority of the

voters, the Act becomes

effective on January 1, 2025, and

applies to all tax years beginning

on or after that date.

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