By Barbara Hoberock, Oklahoma Voice
OKLAHOMA CITY – An initiative petition seeking to eliminate some property taxes violates the Oklahoma Constitution on several fronts, the state’s high court was told.
The Oklahoma Supreme Court on Tuesday held oral arguments challenging an initiative petition, State Question 843, that critics say would reduce revenue to schools by more than $1 billion by exempting homesteads from property taxes.
State Question 843 asks voters to amend state statute to gradually reduce property taxes for those with a homestead exemption and end them permanently in 2029.
Property taxes are used to fund schools, counties, public safety and other services.
Ten Oklahoma residents filed a challenge to the state question in April.
The state question violates a section of the state Constitution that gives voters the right to support taxes for certain government services, said Robert McCampbell, an attorney representing those opposed to the initiative petition.
“That right would be significantly infringed because ad valorem taxes on homesteads would be removed from the system,” McCampbell said.
Another section says that real property will be assessed at not less than 11% of fair cash value, but if the state question is approved, some properties would be assessed at zero, McCampbell said.
Rob Standridge, an attorney representing proponents of the initiative petition, said the state’s high court has zealously protected the right of the people to circulate initiative petitions.
The Oklahoma Supreme Court is now being asked to toss out the state question based on a “hyper technical” reading of the Oklahoma Constitution, said Standridge, a former state senator.
“Every statute, including the one proposed by the initiative, enjoys a strong presumption of constitutionality,” Standridge said.
