Poudre Schools Ballot Question Violates TABOR & Colorado Law

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Colorado’s TABOR Committee & TABOR Foundation @colorado_tabor replied with:
“The Poudre School District R-1 ballot title violates TABOR Section 20 (3) (c). The answer to Hi Kid’s question is “No, the District’s ballot title is not okay.”


Hi Kid @HiKidHey asked this on X (Twitter):  “So what does that mean for voters? Who is ultimately responsible for the TABOR violation? The local county clerk or the district’s designated election official? Genuinely curious.”

Colorado’s TABOR Committee & TABOR Foundation @colorado_tabor replied with:
“We recommend retaining an attorney to quickly file for a temporary restraining order and an injunction in Larimer District Court.  If any increased taxes are collected, then they must be repaid to the taxpayers with interest. The County Treasurer makes repayment to taxpayers including the added interest required by the Colorado Constitution.”

Vote NO On 1A

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Property tax caps have been restored in Colorado. That’s thanks to the pressure from the Citizens’ Tax Cap, compelling state politicians to address the property tax crisis in an August 2024 Legislative Special Session because local governments didn’t lower the property tax mill levies and alleviate the problem.

The property tax crisis was created because voters in local elections in the past has unwittingly voted to forfeit caps in our constitutional Taxpayer’s Bill of Rights (TABOR) and statutory 5.5% Annual Property Tax Cap, recognizing later it was a big mistake. State politicians had mixed feelings about the 2024 Special Session, fiscally conservative legislators thought that HB 24B-1001 didn’t provide enough assurance that residents would not be taxed out of homes. Some “progressive” elected officials thought it was horrible to provide property tax relief in response to a citizen initiative, calling it a “fecal sandwich”.

Jefferson County, like Arapahoe and Weld, has maintained tax caps for over 30 years due to vigilant citizens rejecting misleading ballot issues, such as 1A in 2019 and 2022. However, this is at risk again with a new version of 1A on the 2024 ballot. This version, like before, uses deceptive language and aims to permanently remove these caps.

The key is to share this information quickly and widely. Remind your friends and networks to vote NO on 1A to preserve the caps. Ballots will arrive around October 14-15.

The recent legislative special session caused by the Citizen’s Tax Cap implemented two key changes:

  1. Local taxing agencies (e.g. county or special district) now face a 5.25% cap on property tax increases (6% for schools).
  2. Any ballot measure after November 5, 2024, to remove these limits must clearly state, “Shall the _______ (name of government) waive the 5.25% property tax limit for…” and specify the duration.

Jefferson County’s 1A, being set before this date, skirts these new transparency rules.

Governments often use tax dollars for public persuasion campaigns and exploit legal loopholes during election seasons to get away with it. I recently discussed this in an interview with Free State Colorado, which you can watch here.

The past proponents of Jeffco 1A tax hikes even resorted to tainting our local TABOR notice booklet in 2019. The shenanigans didn’t stop there.

Our current county commissioners Andy Kerr, Lesley Dahlkemper, and Tracy Kraft-Tharp, have stepped up the attack on taxpayers’ wallets using a $340,000 taxpayer-funded political strategist, and continue to push their intentionally misleading ballot language to eliminate the caps.

Voters must reject this behavior. Vote NO on Jefferson County 1A to keep tax caps in place.

– Property owners: Vote no to avoid excessively higher property taxes year after year.

– Renters: Rising property taxes will be passed on as rent increases, making housing less affordable.

– Consumers: Higher business property taxes will raise prices for goods and services.

 

Vote NO on 1A to protect yourself from excessively increasing costs. If you can’t afford more at the grocery store, gas pump, insurance bill, or rent – you sure can’t afford removing property tax caps forever. Even if you can afford excessive taxes, can your neighbor on a fixed income handle it or your grandkids?

If you’d like to find out more information, please join these informative meetings hosted by taxpayer advocacy non-profits:

  • Arvada Library, 7525 W. 57th Avenue, Arvada
    October 7, 5:30 – 7:30 pm
  • Columbine Library, 7706 W. Bowles Avenue, Littleton
    October 12, 10 am – 12 pm
Feb 16

A New Property Tax Revolt

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February 15, 2025

A New Property Tax Revolt

By Barry W. Poulson

It has been half a century since Howard Jarvis launched the first property tax revolt with Prop 13 in California. Since then, forty-six states and the District of Columbia have enacted some form of property tax limitation. Some of these measures have proven to be effective, but others are poorly designed and ineffective.

It is not surprising that a new property tax revolt has been launched. Many property owners had sticker shock this year when they got their property tax bills. I am one of the unfortunate sods in Colorado who have seen the property tax on their homes more than double in recent years. Many less fortunate souls on fixed incomes have literally been taxed out of their homes.

The explanation for the discontinuous increase in property taxes today is the same as that during the first property tax revolt in the 1970s. In those years double-digit inflation was accompanied by discontinuous increases in property taxes. Inflation rates recently peaked at 9 percent and have remained well above the target inflation rates set by the Federal Reserve. Increased housing costs are one of the major contributors to this higher rate of inflation. Higher home prices today also reflect the expensive and time-consuming regulations imposed by state and local governments on home construction.

Even in a state such as Colorado, with an effective tax and expenditure limit, homeowners have not been protected from the ravages of inflation. Colorado has experienced one of the highest rates of increase in home prices in the nation. Colorado’s Taxpayer Bill of Rights (TABOR) limits the amount of property tax revenue that local governments can keep and spend. TABOR also requires voter approval for any new tax or increase in tax rates; but it does not cap the amount of property taxes that individual homeowners must pay. TABOR has not shielded homeowners from increased property taxes due to rising property values and other state and local measures designed to increase collections. The Colorado Legislature will hold a special session this year to address the problem of higher property tax burdens.

Click (HERE) to continue reading this story.

 

Jan 28

Coloradans must opt in for TABOR refunds when filing taxes

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DENVER (KDVR) — Monday marked the first day the IRS could start accepting and processing your tax return.

Colorado filers need to keep an eye out for one key step to make sure they get all the money they are eligible for back in their wallets.

Coloradans are set to get TABOR refunds after they file their taxes this year, but the state is reminding residents that they have to opt in.

The Colorado Department of Revenue is hoping to help taxpayers make sure they get as much money back as they can when they file their taxes this year.

“Unfortunately, if you didn’t check that box for your taxes you filed in 2024 for tax year 2023, you did miss out on your tabor refund,” said Elisabeth Kosar, communications director for the Colorado Department of Revenue. “TABOR is something you need to opt into so please, please check that box or again have whoever is preparing your taxes check that box.” Continue reading →

Jan 20

Herman: Colorado’s over-spending problem explained

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Herman: Colorado’s over-spending problem explained

January 19, 2025 By Nash Herman

Colorado legislators are discovering first-hand the impossibility of having their cake and eating it too.

The Joint Budget Committee continues to meet with dozens of departments to reconcile an approximately $750 million budget shortfall in 2025, with some absurdly claiming that deficit is purely a result of the Taxpayer’s Bill of Rights (TABOR) at work.

Granted, it does sounds bizarre that the state must make budget cuts in a year that it is still expected to collect a surplus of revenue beyond what is allowed by TABOR. But by looking at the facts, anyone can come to see how the so-called budget “crisis” is actually a self-inflicted wound from the legislature’s relentless over-spending.

Having their cake 

Due to the Covid-19 pandemic, Colorado received a windfall of federal funds to prop up the state economy and boost recovery.  To fund that massive stimulus, the federal government printed money, causing an increased supply of dollars chasing the same number of goods.  This in turn lead to the dollar being worth less, also known as inflation. Continue reading →

Jan 09

Gonzalez: Colorado’s TABOR Amendment serving taxpayers well

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Gonzalez: Colorado’s TABOR Amendment serving taxpayers well

January 7, 2025 By Rep. Ryan Gonzalez

In 1992, Colorado voters passed the Taxpayer’s Bill of Rights, or TABOR, the nation’s strongest tax limitation law to this day. For those who are unfamiliar what TABOR really does, this amendment to the Colorado Constitution allows government spending to reasonably increase using a formula of population growth plus inflation. Excess revenue, known as the “TABOR surplus,” must be refunded to taxpayers. If state government wants to keep the surplus, or raise taxes, voters must approve. That is exactly why progressives abhor TABOR. But the truth is, a little north of 60% of Colorado voters approve of TABOR.

Many progressives have made their disdain for TABOR be known, having tried time and time again to chip away at TABOR’s taxpayer protections. And in many ways, they’ve done so; mostly by adding tax credits which pull from the TABOR surplus. They’ve done so by giving everyone equal tax refunds and redistributing wealth; taking from those who paid the most in state taxes and giving more to those who paid little.

In 2022, the Democrat majority, just before a critical midterm election, gave taxpayers what they called the “Colorado cash back” in disguise as a “stimulus” check. What they didn’t tell you is that it was actually your TABOR refund, just early and proportioned against historical distribution. Continue reading →

Dec 21

Herman: Course correction needed for Colorado’s economic outlook

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December 20, 2024 By Nash Herman

The University of Colorado’s Leeds School of Business recently released their 60th annual Business Outlook for 2025, and, despite a moderate outlook  in 2025, the report includes some disturbing trends in the Colorado economy.  Let’s take a look at some of what’s going wrong.

Troubling trends

As pointed out by Denver Post business writer Aldo Svaldi, Colorado was the fifth fastest growing economy in the country in the last 15 years, but was 41st this year.

In terms of personal income growth, Colorado moved from third to 39th.

Although Colorado only moved down from sixth to 15th for employment growth, it comes with the caveat that the job gains this year were skewed toward government, education and healthcare, and leisure and hospitality.

Conversely, the growth of the high-paying professional and business services industry has continued a downward trend since 2022.

Fueled by slowing migration to Colorado and an aging population, Colorado’s labor force growth ranking also moved from sixth to 29th.

Taxes, spending and regulation

Obviously, some of the problems with Colorado’s economy are externally caused, like the lingering effects of the pandemic and subsequent inflation from federal spending.

However, I think there is still more to be said as to why Colorado’s economy seems to be stuttering now.

Colorado’s shift toward bigger government and away from the free market is why these problems are beginning to manifest. Over-regulation, over-spending, and over-taxation are the key culprits. To Coloradans who have witnessed the economy’s decline, the most noticeable difference between today and twenty years ago is that the state now more closely resembles California more than the entrepreneurial Colorado of old. Continue reading →

Dec 08

BUSTED: Major Colorado Charity Gave $20,000 to Raise Taxes & Eliminate TABOR during 2024 Election!

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Dec 7, 2024 COLORADO

List of Real Pro-Liberty Colorado organizations: https://freestatecolorado.com/jeffco-… It’s the time of the year when Coloradans generously open their wallets to support charities across the State. However, one of Colorado’s largest charitable organizations gave $20,000 to a political committee that helped raise taxes in Jefferson County by $66 million this year! The Colorado Gives Foundation, which runs Colorado Gives Day, brings in around $500,000,000 yearly, and 3,7000 charitable organizations rely on them to help raise money! However, Liberty-minded Coloradans need to know that this organization is responsible for one of the worst assaults on the Taxpayer’s Bill of Rights (TABOR) that we saw this year. In this video, Natalie Menten provides the details with tax documents, Secretary of State reports and more!

Nov 25

Perspective: Taxes — by another name

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Perspective: Taxes — by another name

  • By Lang Sias

Since 2018, Colorado taxpayers have benefited from two reductions to the state income tax that together have brought the rate from 4.63% to 4.4%, for an aggregate reduction of 0.23%. These reductions have been much heralded by state government leaders and have elicited approving comments from a wide range of observers.

The applause for these tax cuts, however, has obscured a separate tactic that state leaders increasingly have used to extract revenue from Coloradans in amounts that dwarf the income tax reductions. During the last two decades, Coloradans have seen a steady increase in the fees paid to a wide range of state enterprises. The pattern has accelerated dramatically since 2018.

According to a recent Common Sense Institute study, fee-based revenue to enterprises has increased since 2018 by an amount equivalent to a 0.51% increase in the state income tax — so, more than double the recent tax cuts. If Colorado’s fee enterprises, minus higher education, were instead funded by the state income tax, the state income tax would increase to 7.68%, a 75% increase over the current rate of 4.4%.

Continue reading →

Nov 10

More Evidence for the TABOR Spending Cap

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November 9, 2024 by Dan Mitchell

Last April, I shared some data showing that Colorado’s Taxpayer Bill of Rights had forced politicians in the Centennial State to return $8.2 billion of tax revenue.

The state’s politicians did not want to return the money. But TABOR is a spending cap and the rules require that any extra tax revenue (above and beyond what would finance allowed levels of spending) has to be returned to taxpayers.

This spending cap has been good news for the state’s economy, as illustrated by the chart.

But I now need to update the benefits of TABOR.

That’s because we have another year of data. And, as explained in this report from Center Square, taxpayers are getting another refund. This time, their savings will be more than $1 billion. Continue reading →