Poudre Schools Ballot Question Violates TABOR & Colorado Law

Featured

 

 

 

 

 

 

 

 

 

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.”
Jul 15

Jefferson County’s commissioners seek elimination of TABOR refunds — again

Boxes of ballots await tabulation in Jefferson County from the Primary Election in June.

Deborah Grigsby/Denver Gazette

 

For the third time in five years, Jefferson County’s elected officials are asking voters to allow the local government to spend all of the revenue that it collects above the Taxpayer’s Bill of Rights limit, thereby eliminating refunds to taxpayers.

For fiscal year 2024, that refund amount is estimated to be $54.4 million.

Last year, the county refunded $39.4 million to roughly 210,000 property taxpayers.

The county’s voters rejected the idea twice — in 2019 and 2022 — but the county’s commissioners this month insisted that, after “engaging” with the public through “both qualitative and quantitative research,” voters need to decide the question again.

“It is the spirit of TABOR to bring questions like this to the voters and let them decide,” Commissioner Andy Kerr said in a statement. “TABOR demands that community members engage with their government to address challenges like this.”

“I have great pride in Jefferson County, but we’re falling behind in essential county services, and that’s where we come in as county fiscal stewards,” Commissioner Lesley Dahlkemper said during the meeting that sent the measure to the November ballot.

Under TABOR, local voters may allow their respective government to “debruce” — that is, permit a county, municipality or school district to eliminate the TABOR spending limit, and then to retain and spend all of the revenue it has collected.

Jefferson County is among a few counties that have not “debruced.” A majority of Colorado’s 64 counties have done so.

Last week, commissioners Kerr, Dahlkemper and Tracy Kraft-Tharp voted to place the debrucing question on the ballot. Continue reading

Jun 20

Coloradans have voted on 36 TABOR-related ballot measures since 1993, rejecting 69% of them

Coloradans have voted on 36 TABOR-related ballot measures since 1993, rejecting 69% of them

Coloradans have decided on 36 statewide ballot measures that were designed to increase revenue for the state, which required voter approval under TABOR. Of the 36 measures, 11 (30.56%) were approved and 25 (69.44%) were defeated.

Colorado’s Taxpayer’s Bill of Rights (TABOR), adopted in 1992, was designed to require statewide voter approval of all new taxes, tax rate increases, extensions of expiring taxes, mill levy increases, valuation for property assessment increases, or tax policy changes resulting in increased tax revenue.

Of the 36 measures, 17 were referred to the ballot by the state legislature and 19 were placed on the ballot through citizen initiative petitions. Of the 11 approved measures, 10 were referred to the ballot by the state legislature and one was a citizen initiative.

Highlights:

 

  • 14 of the measures were designed to increase a tax. Of the 14 measures, two were approved and 12 were defeated. In 2004, voters approved an initiative to increase the tobacco tax to fund educational and healthcare programs. In 2020, voters approved a measure placed on the ballot by the state legislature to increase tobacco taxes and create a tax on nicotine products to fund health and education programs.

Continue reading

Mar 09

Americans For Prosperity Supports the Taxpayer’s Bill of Rights

TABOR supporter,

Did you know Americans For Prosperity has been promoting and protecting TABOR, the Taxpayer’s Bill of Rights?

Attached is a brochure with their latest activities.

You can learn more by checking their website, https://americansforprosperity.org/state/colorado/

The purpose of this letter is to share a list of Americans for Prosperity’s vigorous activities educating the public about TABOR over the last several months.

Since not everyone may have witnessed those efforts (much is visible on facebook and twitter), I’m including some social blurbs and photos. These blurbs just span back to the July-August 2022 period and I certainly haven’t included all their activities, though there’s more available.

 

AFP mailers to voters that refunds were thanks to TABOR.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Then, AFP engaged in a gas promotion with unleaded at $2.38 per gallon. AFP covered the difference between the $2.38 and the going rate of $4.45. While drivers waited in line to get the promo gas price, AFP shared information about the Taxpayer’s Bill of Rights, handed out promo materials and water. Continue reading

Feb 22

Menten: How to get involved in the May special district elections

Menten: How to get involved in the May special district elections

February 21, 2023 By Natalie Menten

 

There are over 4,500 local government agencies in Colorado. Nearly 3,000 of those are special districts. All of these agencies and special districts are included under our Taxpayer’s Bill of Rights (TABOR).

Most voters wouldn’t be able to list off the top of their head all the local governments collecting property taxes from them either directly, or passed on to them as a percentage of rent by the property owner in the course of business. You might have a couple or even several of these governments charging you property taxes — lots of layers.

You can check your special districts using this Colorado Department of Local Affairs (DOLA) GIS map. It’s a great tool offering filters and layers so you get all the information. Click on the district map and you’ll get the annual levy rate and contact information for the district.

Why should you care?

Special districts, especially metropolitan districts, can amount to a sizable portion of your property tax bill. Just because you don’t directly write the check for the property taxes doesn’t mean you’re not footing part or all of the property tax tab. Tenants and consumers pay a portion of the property taxes in rent or included in the cost of the products they buy.

Some special districts, especially metropolitan districts, may rival the mill levy rate or dollar amount of school district property taxes — usually the most expensive item on your property tax bill.

The list of all Colorado Property Tax Entities 2022 Mill Levy Rates is found here. Some are nearly 100 mills! Continue reading

Jan 14

Murrey: Taxpayer’s Bill of Rights refunds in Democrats’ crosshairs

Last year, Colorado Democrats championed TABOR refunds as they campaigned for reelection. Yet not a week into the 2023 legislative session, they announced plans to try and halt those refunds indefinitely.

forthcoming bill by Rep. Cathy Kipp (D) and Sen. Rachel Zenzinger (D), if passed by the legislature and approved by voters, would allow the state to retain future tax refund dollars mandated under the Taxpayer’s Bill of Rights (TABOR) in Colorado’s Constitution. Kipp says the money would go to fund public schools.

Proponents of this idea have failed in the past to gather the 120,000 signatures required to put the question on the November ballot. The legislature can circumvent this requirement by passing the measure as a bill first.

Every time voters speak on key issues related to TABOR, they send the same unambiguous message: “Leave TABOR alone and let us keep our money!”

Democratic legislators either didn’t get the message, or they just don’t care what voters think.

In 2019 after voters gave Democrats unified control over state government, legislators thanked them by sending Proposition CC–which would have permanently ended TABOR refunds–to the November ballot, where Coloradans soundly rejected it.

Coloradans spoke loud and clear: “Leave TABOR alone and let us keep our money!”

In 2020, voters had the choice between two competing citizen-led ballot initiatives. One would have raised taxes and repealed TABOR’s requirement that Colorado maintains the same income tax rate for all taxpayers. The other, put on the ballot by my organization, Independence Institute, reduced the state’s income tax rate from 4.63 to 4.55 percent. The latter passed with a wide margin. The former failed even to gather enough signatures to appear on the ballot.

Once again, Coloradans spoke loud and clear: “Leave TABOR alone and let us keep our money!”

Fast forward to 2022. If the people of Colorado had not made their will clear enough already, last year left no ambiguity.

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

May 06

Democrats’ top legislative priority: re-election

Democrats’ top legislative priority: re-election

 050522-cp-web-oped-hillman-1

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