Category Archives: Kerr vs. Polis Lawsuit

Apr 05

URGENT: Colorado Legislators Want to Sue the People, Reverse TABOR, Biggest Tax Increase Ever?!

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This Monday, April 7th, we need you to speak out in defense of your rights, your paycheck, and your family’s finances.

That’s when HJR25-1023: Require General Assembly TABOR Constitutionality Lawsuit will be heard in Committee.

This latest scheme is to sue the people of Colorado with the purpose of repealing the Taxpayer’s Bill of Rights (TABOR).

If successful, this would be the largest tax increase in Colorado history. Your TABOR tax refund would disappear, taxpayers would lose their right to approve tax increases, and governments across Colorado would be able to steal more money from hardworking Colorado families.

In this video, Natalie Menten provides the background on this measure, talking points you can use during testimony, and information on the Taxpayer’s Bill of Rights.

Please speak, in-person or remote in defense of TABOR by opposing HJR25-1023.

Testimony information:

Bill info: https://leg.colorado.gov/bills/hjr25-1023

Hearing time: Monday, April 7th in the House Finance Committee at 1:30 pm in House Committee Room 0112, first floor of the State Capitol.

Sign up here: https://www.leg.state.co.us/clics/clics2025A/commsumm.nsf/NewSignIn.xsp

Easiest to find: “By Committee and Hearing Item”

Committee Name: House Finance

Meeting Date and Time: 04/07/2025 01:30 PM

Hearing Item: House Finance: HJR25-1023 (Require GA TABOR Constitutionality Lawsuit)

Talking Points:

 

 

 

 

 

 

 

 

 

URGENT: Colorado Legislators Want to Sue the People, Reverse TABOR, Biggest Tax Increase Ever?! – Free State Colorado

Apr 02

10th Circuit dismisses lawsuit challenging validity of TABOR

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We just wanted to remind you that the premise of this case was settled in December, 2021 but the political party on the left doesn’t learn. Here’s the headline and story:

10th Circuit dismisses lawsuit challenging validity of TABOR

FILE PHOTO: The Byron R. White U.S. Courthouse in Denver, which houses the Court of Appeals for the 10th Circuit.

MICHAEL KARLIK/COLORADO POLITICS

The federal appeals court based in Denver has dismissed the long-running lawsuit seeking to void Colorado’s Taxpayer Bill of Rights, finding in a 7-2 decision that a collection of local governments has no basis to challenge the 1992 constitutional amendment.

Chief Judge Timothy M. Tymkovich, writing for himself and six of his colleagues, concluded that the Boulder County Board of County Commissioners, a handful of school districts and one special district failed to show that the 1875 Enabling Act that guaranteed to Colorado a “republican” form of government had also given the local government entities the ability to challenge TABOR’s taxing and spending restrictions.

“Looking at the Enabling Act’s language, we conclude the plaintiffs cannot state a claim under the Act’s promise of a republican constitution. Neither the Enabling Act’s text nor structure supports the political subdivisions’ arguments. The clause promising a constitution republican in form has no clear beneficiary,” Tymkovich wrote in the Dec. 13 decision.

The ruling of the U.S. Court of Appeals for the 10th Circuit represents a blow to opponents of TABOR, who argue that it has starved governments of revenue and made crucial funding obligations, such as education and transportation, more difficult through the imposition of tax increases only at the permission of voters.

Continue reading →

Apr 01

Democrats roll out tax and TABOR reform plan

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Democrats roll out tax and TABOR reform plan to remake state finances, calling for “a reckoning”
Colorado lawmakers float legal challenge that, if successful, could kill TABOR outright

A group of Colorado lawmakers has unveiled a plan to fundamentally change state tax policy and attempt to eliminate the Taxpayer’s Bill of Rights, or TABOR.

The plan, announced Monday afternoon by Democratic legislators, includes reclassifying chunks of Colorado highway funding so it doesn’t fall under the TABOR spending cap, which would free up money for other things. They also hope to end Colorado’s flat income tax and replace it with a system in which higher-income taxpayers pay higher rates than low-income filers.

Lawmakers also introduced a resolution Monday that seeks to launch a lawsuit challenging the legality of TABOR, which was passed by Colorado voters in 1992, under the U.S. Constitution.

“The state is coming to a reckoning on whether we can sustain ourselves,” said Sean Camacho, a Denver Democrat. “And all of these measures are critical to figuring that out.”

The lawsuit resolution has attracted a roster of co-sponsors, including some top legislative leaders. The proposals come as Colorado faces a budget hole of more than $1 billion because of the cap set by TABOR.

TABOR limits how much state spending can grow based on inflation and population growth. Certain sectors of government spending, chiefly mandatory Medicaid costs, have far outstripped the pace of consumer inflation, effectively eating into how much the state can spend on nonmandatory programs.

To read the rest of this article, click (HERE) to go to the Denver Post.

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 18

Menten: Jefferson County ‘listening’ tour leaves out inconvenient facts

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Jefferson County is one of more than a dozen counties in Colorado that is still enjoys the protections of government revenue caps under the state’s Taxpayer’s Bill of Rights (TABOR) amendment. In years of excess revenue collection, the taxpayers traditionally benefit from this TABOR feature by a temporary property tax reduction. Unfortunately, County Commissioners Lesley Dahlkemper, Andy Kerr, and Tracy Kraft-Tharp didn’t want to issue the 2020 refunds in an efficient way, instead, they chose to spend $200,000 in postage to send $1.5 million dollars in rebate checks to residents.

The commissioners chose to unnecessarily spend that money so that they could then introduce a recently concluded promotional tour gauging feedback on whether they would be successful in eliminating all or parts of the TABOR revenue caps.  County voters decidedly said no to a similar effort in 2019.  In addition, they are polling meeting participants about an alternative sales tax increase.

The problem is that those who have read the county promotional literature and attended the meetings haven’t been given all the facts.

Click (HERE) to go to Complete Colorado to continue reading this story.

Apr 07

Kerr vs. Polis Lawsuit Update

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There was excellent news last month.  It appears the Plaintiffs have decided not to move forward with the existential threat to TABOR, ending the Kerr vs. Polis lawsuit!

The TABOR Foundation has been coordinating a national coalition of 19 freedom organizations that were ready to submit a friend-of-the-court brief to the US Supreme Court.  We won’t have to write it after all.

When the 10th Circuit Court of Appeals (sitting en banc) issued its ruling last December that was favorable to our position, you could have bet your bottom dollar that the Plaintiffs would continue the lawsuit.  Many left-of-center people and organizations have been pushing this case for over a decade.

The next step in the process would have been for Plaintiffs to petition the Supreme Court for a writ of certiorari asking the Court to take up the case (for a second time).  Such a petition had to have been filed by a March 14 deadline, but was not.

The Judgment dismissed the case for failing to state a claim upon which the Court could grant relief for the remaining Plaintiffs, who consisted of a few school districts and other political subdivisions of the State of Colorado.  Originally the Plaintiffs also included individual legislators and citizens.  The individual legislators had been denied standing to sue because they only alleged institutional injuries to the government and none to themselves as legislators.  And the individual citizens did not even allege whether or how TABOR injured them personally.

With respect to the school districts and other political subdivisions, the Court ruled that the US Constitution does not provide political subdivisions with rights against their parent states.  Moreover, none of the Plaintiffs identified any other law providing them with a claim for relief to challenge TABOR.

The Court of Appeal’s dismissal was “without prejudice,” so the Plaintiffs could try a new filing.  We’ll keep watch just in case.

The heart of the Plaintiffs’ legal theory, that citizens are prohibited from placing restrictions on certain legislative powers, was extremely dangerous to the fundamental principles of limited government.

Friends of the Taxpayer’s Bill of Rights can breathe a sigh of relief and celebrate, for now.

 

Dec 15

Federal appeals panel dismisses 10-year-old lawsuit accusing TABOR of being unconstitutional

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The lawsuit was filed in 2011 by a group of elected officials who argued that the voter-approved 1992 Taxpayer’s Bill of Rights violates the U.S. Constitution

The Associated Press
2:34 PM MST on Dec 14, 2021

The Denver-based 10th U.S. Circuit Court of Appeals has dismissed a lawsuit challenging Colorado’s strict constitutional tax and spending limits.

Colorado Politics reports that the court dismissed the lawsuit, filed in 2011 by a group of elected officials who argued that the voter-approved 1992 Taxpayer’s Bill of Rights violates the U.S. Constitution, which guarantees a republican form of government in each state where elected officials make decisions.

The constitutional amendment known as TABOR requires that tax increases be approved by voters. It also requires the state to refund tax revenue that exceeds a figure determined by a formula based on inflation and population growth.

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

Sep 07

EDITORIAL: Refunds remind us of TABOR’s wisdom

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060921-dg-capitol
The Colorado State Capitol building during the final day of the legislative session on Tuesday, June 8, 2021 in Denver, Colo. (Katie Klann/The Gazette)
Katie Klann

It seems like just yesterday to us that Colorado voters adopted the Taxpayer’s Bill of Rights on the statewide ballot and ensconced it into the state’s constitution. Yet, the groundbreaking policy has been in effect for nearly three decades.

In that time, it has kept state and local government on a diet — and has saved taxpayers untold millions of dollars. And they still love it after all these years, as most credible polls show.

Perhaps more noteworthy: Even some political leaders on the center-left seem to have made their peace with the policy. Our reputedly liberal Democratic governor from Boulder went so far as to laud it just the other day. That’s quite a stride.

Yet, TABOR’s basic premise has always made perfect sense to the general public. It requires voter approval for any tax hike at any level of government in the state. And it set limits on the rate at which government budgets can grow. Any increase in tax revenue that exceeds the rates of growth plus inflation in a given year have to be returned to taxpayers. Elected leaders can keep the overage if they first ask voters’ permission.

Click (HERE) to continue reading this story about TABOR:

Jun 03

Interrogatory On House Bill 21-1164 TABOR Public School Finance Act

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On May 24, 2021, the Colorado Supreme Court continued its crusade against the Taxpayer’s Bill of Rights. It allowed the General Assembly, yet again, to maneuver around TABOR’s constitutional restrictions and effectively raise taxes without getting the required voter approval. The procedure used by the General Assembly was the unusual one of submitting Interrogatories to the Supreme Court, which ask whether their proposed scheme is allowed, prior to passing the law.

At issue were the mill levy rates in 174 separate school districts. The voters in all of these districts had, with varying language and circumstances, voted to exempt their districts from the necessity of returning excess revenues to their taxpayers.  The districts were then impacted by the Colorado Department of Education’s determination that, in order to prevent revenues from increasing, they had to lower their mill levies as property values increased, and therefore, property tax revenues increased.

The legislature proposed, and now has passed, a complex plan to eliminate tax credits, which it created just last year, gradually over the course of the next 19 years. Of course, the State imposition of higher mill levies and its elimination of tax credits will raise taxes. Given the increase in Colorado property values, the increases will be significant.

The TABOR Foundation, filed a friend of the court (“amicus”) brief, written by attorney Rebecca Sopkin.  The TABOR Foundation’s participation gave you a voice in this matter.  The filing protested this clear evasion of the requirement that voters approve any increases in their taxes.

Justice Brian Boatwright, in a well written dissent, pointed out that taxpayers “will see an increase in their mill levy rates as a result of” the proposed legislation, HB1164. He then noted that “[t]he voters today did not approve of this, and neither did the voters in the late 1990s.”  The court majority, however, disregarded the obvious impact of this legislation and gave its tax increases the green light.

Colorad Supreme Cout Opinion by The Forum on Scribd