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AGO 1951 No. 416 - January 05, 1951
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Smith Troy | 1941-1952 | Attorney General of Washington

ADEQUACY OF BALLOT PROPOSAL FOR EXCESS TAX LEVIES ‑- SPECIFIED AMOUNT NOT GIVEN

A ballot proposal for excess tax levies which would read:  "Shall Pierce County School District No.        levy ten (10) mills in 1950 in excess of any statutory limitations for        purposes?" is inadequate in form as not complying with the statutory provisions found in section 1, chapter 270, Laws of 1947 (11235 Rem. Supp. 1947).

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                                                                  January 5, 1951

Honorable Patrick M. Steele
Prosecuting Attorney
Pierce County
Tacoma, Washington                                                                                                              Cite as:  AGO 49-51 No. 416

Attention:  !ttMr. Valen H. Honeywell, Jr.,
            Chief Civil Deputy

Dear Sir:

            We wish to acknowledge receipt of your letter of December 13, 1950, wherein you requested an opinion of this office on the adequacy of form for a proposition for excess tax levies which would read:  "Shall Pierce County School District No.        levy ten (10) mills in 1950 in excess of any statutory limitations for        purposes?"

            Our conclusion may be summarized as follows:

            A ballot proposal for excess tax levies which would read:  "Shall Pierce County School District No.        levy ten (10) mills in 1950 in excess of any statutory limitations for        purposes?" is inadequate in form as not complying with the statutory provisions found in section 1, chapter 270, Laws of 1947 (11235 Rem. Supp. 1947).

                                                                     ANALYSIS

             [[Orig. Op. Page 2]]

            Section 1, chapter 270, Laws of 1947 (11235 Rem. Supp. 1947), reads in part as follows:

            "All taxes shall be levied or voted in specific amounts, * * *."  (Emphasis added.)

            A ballot proposal for excess tax levies which does not contain a specified amount as directed in the above quoted provision would be inadequate.  And therefore, a proposition which would read:  "Shall Pierce County School District No.       levy ten (10) mills in 1950 in excess of any statutory limitations for        purposes?" is not valid in form.

Very truly yours,

SMITH TROY
Attorney General

BARBARA L. OHNICK
Assistant Attorney General

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