State Tax Ballot Measures to Watch in November

Analysis October 16, 2024 at 11:55 AM
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Twenty-one tax-related measures are on states ballots this November, giving voters an opportunity to decide important questions about how their states raise revenue, according to recent research from the Tax Foundation.

Some measures are modest; others are monumental. Voters in one state will decide whether to exempt groceries from the sales tax. In another state, they will decide the fate of a controversial capital gains tax. Still others will consider whether to abolish a property tax or keep income taxes fully earmarked for education.

Below are nine of the most significant measures, according to the Tax Foundation. Check out the think tank's website for a full list.

Georgia

Amendment 1: Local Option Homestead Property Tax Exemption

This constitutional amendment would authorize a statewide local option homestead exemption from property taxes, while allowing localities the ability to opt out of using the exemption. The amendment, if approved, would combine with HB 581, which takes effect in January, with three major outcomes:

  • Create a statewide homestead exemption that effectively resembles an assessment limit
  • Enact a pathway for localities to opt out of this homestead exemption by March 1
  • Allow localities to impose an additional sales tax and use tax of up to 1% for property tax relief

Taken together, Tax Foundation says, the two measures would adversely affect smaller localities and introduce unnecessary complexity into the state's tax structure.

Personal Property Tax Exemption Increase 

This measure would increase the state's tangible personal property de minimis exemption from $7,500 to $20,000, enabling small businesses to exempt some or most of their machinery, equipment, fixtures and supplies from property taxes.

The Tax Foundation notes that the new exemption level would still be much lower than in many other states — some with exemptions of $50,000 or more.

Illinois

Income Tax Advisory Question

This non-binding question asks voters whether the state constitution should be amended to create an additional 3% tax on income exceeding $1 million to generate new revenue for property tax relief.

Illinois' constitution requires a single-rate individual income tax, currently statutorily set at 4.95%. The advisory question does not specify exactly how the language of the state constitution would be amended, nor does it specify how the property tax relief would be distributed.

North Dakota

Initiated Measure 4: Prohibit Taxes on Assessed Value of Real Property

This is a constitutional initiated measure brought by North Dakota citizens to prohibit the state government and all local taxing entities from assessing a property tax on real or personal property.

Tax Foundation says that if passed, the measure could eliminate more than $1.5 billion per year in local funding, with the intent that these localities would be made whole by the state. But the measure doesn't establish what options the state could pursue to generate this additional revenue.

Measure 4 also prohibits localities from issuing bonds after Feb. 2, 2025.

Oregon

Measure 118: Corporate Tax Revenue Rebate for Residents 

This measure would establish a new 3% corporate minimum tax on Oregon gross sales above $25 million — for a business with a 7% profit margin, the equivalent of a 43% corporate income tax. The new tax would be imposed in lieu of the corporate income tax for most taxpayers, but in addition to the 0.57% Corporate Activity Tax and other local and regional business income taxes.

Opponents, including the Tax Foundation, say the tax could lead to big price increases for Oregon residents while driving up the cost of doing business in the state. Oregon residents who spend more than 200 days in the state would receive rebates financed through this new tax.

South Dakota

Initiated Measure 28: Prohibit Food and Grocery Taxes Initiative

This measure would prohibit state sales taxes on items sold for human consumption, excluding alcoholic beverages, tobacco and prepared foods. If passed, it would eliminate the 4.2% state sales tax on groceries, potentially reducing state revenues by some $124 million annually, starting in July 2025. Local governments, however, would continue to be able to tax grocery purchases.

Utah

Constitutional Requirements for Education Funding Amendment

Utah is the only state that fully earmarks how its income tax revenue is spent. Under a pending constitutional question, Utah voters could eliminate the earmark, which dedicates all funding to K-12 and higher education.

Such a vote, Tax Foundation says, would also trigger the elimination of the state, but not local, tax on groceries, which lawmakers approved conditional upon voters ratifying this constitutional amendment.

Washington

Initiative 2109: Repeal Capital Gains Tax 

Washington lawmakers implemented a tax on high earners' net capital gains income despite constitutional restrictions on income taxation. The state supreme court affirmed it, concluding that the tax is on the privilege of earning income, not on the income itself. Initiative 2109 would repeal the tax, which applies only to capital gains income of $250,000 or more.

Wyoming

Property Tax on Residential Property and Owner-Occupied Primary Residences Amendment

This legislatively referred constitutional amendment would add residential property as a fourth class of property to the state's tax code, and authorize the legislature to create a new subclass of residential property for owner-occupied primary residences with a distinct assessment ratio.

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