Get out and vote

The State constitutional amendment on next Tuesday’s ballot is just one of many important decisions voters face in Wyoming and Washakie County.

There is much to decide in Tuesday’s General Election, from federal races to the City of Worland’s next mayor and how the Legislature will handle property taxes in the coming years.

Of course, selecting the next president, mayor, city council, school board, cemetery board, fire board, conservation district board are all important, but one of the most important decisions on the ballot is Constitutional Amendment A. (See a full story on the amendment in the Oct. 24 issue.) The question voters are being asked to vote “for” or “against” is as follows: “The adoption of this amendment would separate residential real property into its own class of property for purposes of property tax assessments. The amendment would authorize the legislature to create a subclass of owner occupied primary residences.”

Currently under the State Constitution and Wyoming Statute there are three classifications, minerals, industrial and “all other property, real and personal.” The classifications were set by voters in 1988 and rates were set by the Wyoming State Legislature, starting Jan. 1, 1989.

Per Wyoming Statute 39-11-103(b)iii, taxable value is defined as a “percent of the fair market value of property in a particular class.” The statute set the gross product of minerals at 100%, industrial at 11.5% and all other property, which includes commercial, residential, agricultural and personal property, at 9.5%.

There have been no increases in property tax rates since they were set in 1989, according to the Legislative Service Office.

According to the LSO, the State Constitution prohibits the Legislature from “creating any subclass within the authorized classes of property.” The constitution also requires “all properties be taxed uniformly in each class.” This amendment would allow the Legislature to “create a subclass of residential property for owner occupied primary residences,” thus allowing the Legislature if they so choose, to decrease the percentage for “owner occupied primary residences” without lowering the percentage of taxes on the other properties in the current classification (commercial, agricultural and personal).

Let’s be clear, the amendment only gives the Legislature permission to change property taxes for owner occupied primary residences separately from the other classes. It does not automatically lower your property taxes.

The amendment still allows the Legislature to change the other property taxes as well, but uniformly in each class — commercial, agricultural and personal being one class; minerals another and industrial the fourth class, if the amendment passes.

Some opponents of the amendment fear this would mean the Legislature would raise taxes on commercial property. Again, let’s be clear, commercial property tax at 9.5% is in a class with agricultural and personal, thus raising taxes on commercial property, raises it on the other two. The amendment does not change this. And any changes must be approved by the Legislature.

The amendment simply creates a fourth class of owner occupied primary residence in which the Legislature can set the tax percentage.

Proponents of the amendment say that this provides a new tool for the Legislature to help address the rising costs of residential property taxes.

You can vote yes for the amendment to allow them such a tool, or not to leave things as they are, with the current three classifications with residential property tax included in the class with commercial, agricultural and personal property.

Per Wyoming statute the amendment must be approved by a majority of the electors voting in the election, thus if a voter does not cast a vote on the amendment it is the same as a no vote. Thus, on a constitutional amendment, whether you vote or do not vote matters.

Voting is a right guaranteed to U.S. citizens and it is important for you to exercise that right. More than 500 people have already voted absentee in Washakie County with the majority expected to hit the polls at the community center in Worland and the senior center in Ten Sleep on Tuesday, Nov. 5. Remember to bring your ID when you vote. If you are not registered you may register at the polls.

For a full preview of the races on the ballot see the story on A1. For a sample ballot, pick up a copy of last week’s Northern Wyoming News (available here at the office). For profiles of area and state candidates see our Election tab under “News” at wyodaily.com.