Oregon Ballot Measure 47 (1996)

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Measure 47 of 1996 increased the Oregon Constitution's limitations on property taxes on real estate, first imposed by Measure 5.

Measure 47 required that property taxes be no higher than 10% less than those imposed in the 1994-1995 tax year, or those imposed in the 1995-1996 tax year. Thereafter, property taxes increases were to be capped at 3% per year.

Measure 47 also instituted the "double majority" rule. That rule requires at least a 50% voter turnout for any local tax measure in any election besides the general election in an even-numbered year.

The measure was placed on the ballot by initiative, and was approved by voters in the 5 November 1996 general election, with 704,554 votes in favor, and 642,613 votes against.[1]

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[edit] The double majority rule

Measure 47 enacted Oregon's so-called double majority rule, which placed an additional requirement on local tax levies: not only did more voters have to vote "yes" than "no", but a majority of registered voters had to turn out, unless it was a general election on an even numbered year. (These are presidential elections and midterm elections.)

The double majority has resulted in the defeat of numerous local tax levies. As an indirect result, local governments now often make sure to place such measures on general election ballots.[2]

[edit] Political context

The measure was sponsored by Bill Sizemore and his Oregon Taxpayers United anti-tax group, as part of the Oregon tax revolt. Proponents were upset by rising property tax rates, much of which was brought by increasing housing prices in the Portland area. Proponents also wanted to put an end to the perceived practice of placing local levies up for a vote when turnout would be low.

Opponents feared that slices in taxes would cause cuts to schools, further than those they blamed on Measure 5. Furthermore, they opposed the double-majority rule, arguing it gave lazy people more political power than those willing to vote.

[edit] Ambiguous legislation

There was some confusion as to the actual effect of Measure 47. Petitioners claimed that Measure 47 would cap the actual assessment of properties – that is, the value of the property as determined by the county – to prevent taxes from being raised more than 3% annually. Others claimed that Measure 47 did not prevent such an action. Sizemore placed an argument in the voter's pamphlet in an attempt to clarify the measure's provisions.[3] Nonetheless, the legislature sent Measure 50 to voters the next year to clarify that the cap was on the assessed value of the property as well.

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