Category Archives: Ballot Initiative

Sep 19

Menten: A citizen’s guide to weighing in on local TABOR ballot measures

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One great, though lesser-known benefit provided in the Colorado Taxpayer’s Bill of Rights (TABOR) is the local ballot issue notice. This guide is sent by mail at least 30-days before the election to all households with one or more registered voters.

The ballot issue notice includes content and details about upcoming local ballot measures that increase taxes, add debt, or suspend TABOR revenue limits. It includes a section where registered voters have the opportunity to submit FOR or AGAINST comments, up to 500 words each.

You should know that there are two types of TABOR ballot issue notices. One notice is for the statewide elections and commonly referred to as the “Blue Book.” The notice discussed here is for elections held by local governments such as a city, town, school district, or special taxing district. You could potentially get more than one of these notices in the mail.

Several years back, it was discovered that out that of some 300 local tax issues throughout the state during a ballot year, only 15 had the taxpayer’s voice printed in a ballot issue notice.  That’s only 5 percent!  You can make a big difference and amplify your voice by being an author of the next ballot issue notice where you live.  Considering that you reach thousands of voters, being able to submit comments in the TABOR notice costs almost nothing and takes relatively little time and energy.

What follows is an explanation of how to participate in the local ballot issue FOR or AGAINST comment process. As in so much of government bureaucracy, instructions must be followed with no room for alteration.  The deadline for this year is Friday, September 23 no later than noon to have your comments included in the local TABOR notice.

To continue reading this story at Complete Colorado, please click (HERE):

Sep 09

Measure to boost affordable-housing programs, reduce TABOR refunds on 2022 ballot

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Measure to boost affordable-housing programs, reduce TABOR refunds on 2022 ballot

Nonprofits, real estate groups back initiative to dedicate $300 million annually to state housing programs

BY: CHASE WOODRUFF – SEPTEMBER 7, 2022 5:00 AM

    

A small housing complex in Lyons. (Moe Clark/Colorado Newsline)

Colorado voters will decide this November whether to boost state spending on affordable-housing initiatives by tapping into funds that could otherwise be returned under the Taxpayer’s Bill of Rights.

Initiative 108, which officially qualified for the 2022 ballot last month, would dedicate an additional $300 million annually to the state’s affordable housing efforts. It would protect the additional revenue by exempting the funds from the annual limits set by TABOR, the 1992 constitutional amendment that places restrictions on Colorado’s taxation and spending levels.

“This measure is desperately needed if we want future generations of Coloradans to thrive,” Brian Rossbert, the executive director of the nonprofit Housing Colorado, part of a coalition supporting the measure, said in a statement.

“Too many Coloradans can no longer afford to live in the neighborhoods where they set down roots,” he said. “That’s forcing families to make difficult relocation decisions, robbing communities of essential services and intensifying our homelessness crisis.”

If approved by voters, Initiative 108 would establish a new State Affordable Housing Fund and exempt it from TABOR limits. Each year, 60% of its funding would support a housing program overseen by the state’s Office of Economic Development and International Trade, with the remaining 40% distributed by the Department of Local Affairs.

The measure requires the bulk of the OEDIT funding to be directed towards “equity investments in low- and middle-income multi-family rental developments.” Efforts overseen by DOLA would include grants to assist first-time homebuyers with their down payments and a separate program to provide rental assistance and housing vouchers to people experiencing homelessness.

  • There is nothing ‘affordable’ about taking $300 million of our TABOR tax refunds for a flawed housing measure.  – Advance Colorado’s Michael Fields

A state issue committee in support of Initiative 108, Coloradans for Affordable Housing Now, raised $2.8 million to fund its campaign earlier this year. Its largest donor by far is Denver-based charitable organization Gary Community Ventures, which has contributed $2 million. Other donors include Habitat for Humanity Denver and the National Association of Realtors.

The measure has drawn opposition from Advance Colorado Action, a deep-pocketed, “dark money” nonprofit that has helped fund and coordinate a wide range of conservative causes in recent Colorado elections.

“There is nothing ‘affordable’ about taking $300 million of our TABOR tax refunds for a flawed housing measure,” Advance Colorado’s Michael Fields said in a statement last month. “To fix our state’s housing crisis, we need to build more, not tax more.”

Backers say the measure could help fund the construction of 170,000 new homes in the coming years, offsetting what is projected to be a worsening housing crunch in fast-growing Colorado.

In May, a fiscal impact statement by the nonpartisan Legislative Council Staff noted that the measure’s TABOR impact would vary from year to year depending on revenue levels and how lawmakers choose to distribute refunds.

“If refunds are paid via current law mechanisms, the measure is expected to reduce refunds by approximately $40 per taxpayer, on average, for tax year 2023 and $80 per taxpayer, on average, for tax year 2024,” analysts wrote.

“The measure will increase investments in affordable housing developments, boosting incomes for developers and construction firms,” nonpartisan staff wrote in a separate fiscal summary. “Some households that would otherwise face housing insecurity may find stable housing under the measure, increasing their financial security and opportunities for employment.”

Other measures up for a vote on Colorado’s 2022 ballot include three proposals to change the state’s liquor laws.

https://coloradonewsline.com/2022/09/07/affordable-housing-reduce-tabor-refunds-2022-ballot/

 

 

Jul 22

Affordable housing program will cut into your TABOR refunds

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Affordable housing program will cut into your TABOR refunds

By Natalie Menten

Guest Commentary

The state government has taken more taxes from you than we allow it to have, and it should rebate that over-collection back to you. That money coming back to all taxpayers is now in jeopardy. We should be alarmed at the potential waste.

Colorado voters’ dissatisfaction with government growing beyond its means led to the passage of the Taxpayer’s Bill of Rights (TABOR). This constitutional amendment requires voter approval for tax increases and debt. It also limits how fast government can grow. The formula for automatic tax increases is the prior year’s budget plus adjustment for inflation and population growth.

When government collects taxes above the limit, it must refund the surplus. Later this year, each taxpayer will get a $750 TABOR rebate from the state. The economic outlook predicts rebates for the next several years.

Two statewide ballot measures in November claim they don’t raise taxes, but that’s just not true. Funding for new programs comes from our future TABOR rebates. If we don’t get all those rebates back, that’s effectively a higher tax rate and clearly a tax hike.

Click the link below to continue reading this article at the Denver Post.

 

Opinion: Statewide affordable housing program will cut into your TABOR refunds

Jul 22

Menten: Jeffco commissioners want voters to hand them a blank check

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Jefferson County is one of more than a dozen counties in Colorado that still enjoys the protections of the Taxpayer’s Bill of Rights (TABOR). This constitutional amendment requires voter approval for tax increases and debt.  It also modestly limits how fast government can grow. The formula for automatic tax increases is the prior year’s budget plus adjustment for inflation and local growth.

Jefferson County government is presently allowed to grow 3.9% annually under the formula as described in a Board of County Commissioners agenda for July 19 (page 171).  That’s a reasonable amount for government growth – compare it to your household. Have you gotten nearly a 4% increase in your income?

Yet, the county commissioners have spent the last few years claiming they have insufficient revenue to maintain operations. Now they blame the revenue problem on the pandemic, yet the county received close to a couple hundred million in COVID relief money.

That pile of federal money still didn’t calm down the county commissioners’ quest to get rid of our Taxpayer’s Bill of Rights.

To continue reading the rest of this story, please click (HERE) to go to Complete Colorado

#ItsYourMoneyNotTheirs
#ThankGodForTABOR
#VoteOnTaxesAndFees
#FeesAreTaxes
#TABOR
#FollowTheMoney
#FollowTheLaw

May 06

Democrats’ top legislative priority: re-election

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Democrats’ top legislative priority: re-election

    • By Mark Hillman

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Mark Hillman

God saw fit to stop at 10 commandments, but politicians can’t leave well enough alone, so a series of “Eleventh Commandments” apply to them. One of those admonishes: Thou shall not make the voters more cynical.

This year, Democrats at our State Capitol are breaking that commandment, too.

So, let’s take a little walk down memory lane and remember this journey through Election Day.

Last week, Gov. Jared Polis and legislative Democrats tossed aside 30 years of fierce opposition to Colorado’s Taxpayer Bill of Rights (TABOR) which they’ve blamed for everything from crumbling roads to failing schools. Instead, they held a press conference to tout “their” plan to send every taxpayer a $400 check barely one month before voters receive their general election ballots.

There’s just one problem: that money already belongs to taxpayers.

Continue reading →

Apr 18

The Colorado Title Board & TABOR

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The April 20th Title Board Hearing has a notable 60 proposals on the agenda because it’s the last chance to get title set for the 2022 ballot. Although the list of potential ballot issues is long, many are variations with a slight tweak.  After title setting, the proponents must do the hard (or expensive) work of getting enough signatures.

Nearly a 1/3 of the proposals pertain to alcohol licensing, sales, and delivery.

Property taxes are another hot topic. Pro-taxpayer advocates are presenting relief in the form of a 2%-3% cap on property taxes.

Bigger government advocates propose a new tax on “Luxury Residential Real Property,” defined as $2 million or more. New revenues would be turned over to government to address affordable housing.  On that same theme, there’s a proposal to increase the income tax rate which would be spent on government-overseen affordable housing.

Another group wants to increase taxes from income tax by reducing deductions, putting increased taxation towards free school lunches for certain public schools – an expenditure of $60 – $140 million dollars a year.

Protecting the Taxpayer’s Bill of Rights begins before a ballot issue hits the street. The public can testify at the title setting meeting to get transparent language about the financial effects. If you’ve been around Colorado long enough you know that proponents of tax increases will actually try to have the question read, “without raising taxes” if they can get away with it. As we know, if you end up with less money in your pocket because of a tax policy change, that’s a tax increase.

Currently, there’s a legal battle just filed with the Supreme Court over initiatives #62-65, called Additional Revenue to State Education Fund.  Proponents are attempting to claim the measures are not a tax increase. Any of the four variations would reduce or completely eliminate our expected rebates from the Taxpayer’s Bill of Rights over the next two years. Since there is no sunset, we would give up a substantial amount of our future refunds if #62-65 moves forward.

You can find the ballot proposals at the Colorado Secretary of State website under Elections & Voting and Initiatives & Title Board. You’re looking for the section titled Awaiting Initial Hearing.

You can testify remotely. The meeting is Wednesday, April 20 starting at 9 am. https://attendee.gotowebinar.com/register/3996912106274902539

Email the Title Setting Board at initiatives@coloradosos.gov. Emails should be sent by Tuesday midday at the latest. Otherwise, listen in remotely and chime in when it’s time. It’s going to be a long meeting.

 

Natalie Menten
TABOR Board Member

Apr 09

Conservatives file lawsuit to invalidate Colorado’s new transportation fees. Here’s what it claims.

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Senate Bill 260, passed by Democrats in 2021, enacted new fees on gasoline purchases, deliveries and Uber and Lyft rides to raise billions for transportation projects

7:23 AM MDT on Apr 8, 2022

Traffic flows along Interstate 70 west of Floyd Hill in Clear Creek County on Wednesday, Feb. 23, 2022. (Andy Colwell, Special to The Colorado Sun)

Colorado’s new transportation fees violate the Taxpayer’s Bill of Rights and several other state finance laws and should be invalidated, two conservative groups and Republican state Sen. Jerry Sonnenberg claim in a long-promised lawsuit filed late Thursday in Denver.

Senate Bill 260, passed by Democrats in the legislature last year, enacted a host of new transportation fees — including on gasoline purchases, deliveries and Uber and Lyft rides — to raise money for road and transit projects across the state.

To continue reading this story from the Colorado Sun, please click (HERE):
Mar 01

Update on Colorado’s Legislative Council Staff and Proposition 116

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In 2020, Colorado voters approved Proposition 116, which reduced the state’s income tax rate from 4.63 to 4.55 percent. Due to the state’s application of certain provisions of TABOR, however, taxpayers will effectively lose out on the rate reduction for the first several years.

Naturally, voters expected that Proposition 116 would allow them to keep more of their own money. A close look at documents maintained by Legislative Council Staff (LCS), however, reveals that things did not work out how voters expected. Tax rates went down, but constitutionally mandated tax refunds — known as “TABOR refunds” — fell by the exact same amount, negating taxpayer savings from the voter-approved tax cut.

It’s a bit complicated, but here’s how it works.

Article X of the state constitution — commonly known as the Taxpayer’s Bill of Rights, or TABOR — sets limits on the amount of tax revenue the state can collect each year. If revenues, including income-tax collections, surpass the TABOR limit, the excess gets refunded back to voters.

Picture state coffers as a silo and revenues as grain filling it up. In a good year, there may be more bounty than what the silo can hold. In that case, the overflow goes back to the people.

Each year, the limit — or the size of the silo — increases based on population growth and inflation, allowing government spending to grow automatically. If the state wants to collect or keep tax monies at a level higher than automatic growth permits, it must win voter consent at the ballot.

When voters reduced revenues last year, they voted to decrease the amount of grain put into the silo by a specified amount. In executing the will of the people, the state reduced the amount of grain but put it in the same, larger silo. At the lower income-tax rates, the harvest (i.e. revenues) would have to be exceptionally good to fill up the same silo and trigger a refund.

Incidentally, state revenue forecasts show very bountiful times ahead and refunds for at least four consecutive years despite all this. That means that for at least this year and the next three, smaller refunds will offset the voter-approved tax cuts unless additional reforms are adopted.

Read plainly, TABOR appears to guard against this outcome by requiring the limit to be “adjusted for revenue changes approved by voters.” LCS evidently has a different interpretation—one which has effectively stripped voters of their tax cut.

Governor Jared Polis has lauded the income tax cut on multiple occasions and even said that he supports eliminating the state income tax entirely. He can demonstrate fidelity to his own rhetoric and to the state constitution by directing the Colorado Department of Revenue to adjust the TABOR limit for the “revenue changes approved by voters” with Proposition 116.  Alternatively, the General Assembly could set a new, lower TABOR limit to reflect the new tax rate. Either solution would cause voters to receive their full refunds and benefit from the income tax reduction they adopted in 2020.

Ben Murrey, Fiscal Policy Center Director with the Independence Institute

 

 

Feb 07

State Supreme Court to consider whether paid family, medical leave violates TABOR

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Justices of the Colorado Supreme Court, 2021

 

The Colorado Supreme Court will decide whether the paid family and medical leave program that voters enacted in the 2020 election violates the state’s Taxpayer Bill of Rights.

The court announced on Monday that it will review a decision from Denver District Court that dismissed a lawsuit over Proposition 118, the Paid Family and Medical Leave Insurance Program. By a margin of 58% to 42%, voters approved a plan to impose payroll premiums, split between employers and employees, that would entitle workers to up to 12 weeks of paid leave.

Beginning on Jan. 1, 2023, payments into the program will begin. But Grand Junction-based Chronos Builders is claiming that the funding arrangement violates TABOR, the 1992 constitutional amendment that requires tax increases to be put to a vote of the electorate, among other restrictions.

“Any income tax law change,” TABOR reads, “shall also require all taxable net income to be taxed at one rate … with no added tax or surcharge.”

Click (HERE) to continue reading this story at ColoradoPolitics