To read this whole story, please click THIS LINK to go to the Denver Post:
Feb
26
Category Archives: Legal Issues
Jan
09
Gonzalez: Colorado’s TABOR Amendment serving taxpayers well
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
Nov
01
Article X, Section 20. The Taxpayer’s Bill of Rights
If you see this on your ballot, you are voting for a TAX INCREASE!
“Ballot titles for tax or bonded debt increases shall begin, “SHALL (DISTRICT) TAXES BE INCREASED (first, or if phased in, final, full fiscal year dollar increase) ANNUALLY…?” or “SHALL (DISTRICT) DEBT BE INCREASED (principal amount), WITH A REPAYMENT COST OF (maximum total district cost), …?”
https://www.sos.state.co.us/pubs/info_center/laws/COConstitution/ArticleXSection20.html
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.”
Oct
25
Should any Colorado Judges be Retained? Constitutional Lawyer Rebecca Sopkin Gives her Picks!
It’s not easy to find information on the judges appearing on your Colorado ballot. Rebecca Sopkin is a Constitutional Attorney and TABOR Foundation Board Member.
In this video, she is sharing her methodology for determining who to vote for, some resources for voters to use, and her picks for this year’s ballot. Links from the video https://freestatecolorado.com/sopkin/
Oct
04
TABOR Wins: Colorado Supreme Court Declines to Review Taxpayer Victory Against Water Conservancy District
TABOR Wins: Colorado Supreme Court Declines to Review Taxpayer Victory Against Water Conservancy District
The District doubled its property tax in 2019 without holding a public approval vote as required by Colorado’s Constitution.
The decision is a win for Colorado taxpayers statewide and will strengthen Colorado’s Taxpayer Bill of Rights (TABOR). The National Taxpayers Union Foundation (NTUF)’s Taxpayer Defense Center, in conjunction with Advance Colorado, represented Aranci and other taxpayers in the case.
“TABOR means what it says, and so a local government cannot double the property tax rate without a vote of the people,” NTUF Senior Attorney Tyler Martinez said. “We’re glad the Colorado Supreme Court declined to review this case further and left in place the unanimous decision by the Court of Appeals.”
NTUF’s Taxpayer Defense Center advocates for taxpayers’ rights across the country. The organization’s in-house team of attorneys challenge overzealous and unfair tax administration. Because of lawsuits brought by the Taxpayer Defense Center, individuals and businesses nationwide have benefitted from fair, equitable policy and victories worth tens of millions of dollars.
“We are grateful for the Taxpayer Defense Center taking up the case,” Chuck Miller, one of the plaintiffs in the case, said. “We wanted to stand up for all taxpayers in the district and protect our TABOR rights.”
For more information on the Taxpayer Defense Center’s victory for taxpayers in Colorado or to discuss the case with NTUF’s legal team, please contact NTUF Marketing Director Courtney Manley at courtney.manley@ntu.org.
Jul
30
EDITORIAL: Salute our state’s constitution this Colorado Day
EDITORIAL: Salute our state’s constitution this Colorado Day
- The Gazette editorial board
On Thursday, the state of Colorado turns 148 — and Coloradans no doubt can think of many good reasons to celebrate.
Among them of course are the Centennial State’s unmatched natural wonders. There’s also the state’s exquisite climate; its vast, wide-open spaces, and its abundant resources — from oil and gas underground to the wind and sunshine all around — that heat our homes, power our automobiles and light the way.
One blessing that’s more directly connected to the advent of Colorado’s statehood itself is our founding charter — our state’s constitution — which shares the same birthday. Drafted in March of 1876 and approved by territorial voters on July 1 of the same year, the Colorado Constitution formally took effect Aug. 1, 1876, when Colorado was admitted to the union.
There’s good reason to celebrate the state’s constitution, as well, on Colorado Day.
Like any constitution, ours isn’t without foibles. At times it has left itself wide open to interpretation, and activist courts have been happy to oblige. Yet, on the balance, Colorado’s constitution has served its citizens pretty well — including by way of some well-timed and well-placed amendments to the document over the generations. Continue reading
Jun
18
A Voter Revolt Grows in California. Gov. Gavin Newsom and Democrats in Sacramento try to block anti-tax and anti-crime initiatives from the November ballot
A Voter Revolt Grows in California
Gov. Gavin Newsom and Democrats in Sacramento try to block anti-tax and anti-crime initiatives from the November ballot.
June 16, 2024 3:56 pm ET
California Gov. Gavin Newsom speaks at a rally in support of Freedom to Marry, a ballot measure to remove Proposition 8 from the state Constitution, Friday, June 7, 2024, at Manny’s at 16th and Mission streets in San Francisco. (Jessica Christian/San Francisco Chronicle via AP) PHOTO: JESSICA CHRISTIAN/ASSOCIATED PRESS
We’ve told you about California Gov. Gavin Newsom’s lawsuit to block a citizen initiative from this November’s ballot that would make it harder to raise taxes. Now his Legislature is trying to sabotage another initiative that would toughen penalties for theft and drug crimes. Why do Democrats fear voters?
Law enforcement, businesses and local elected officials across the Golden State are campaigning to roll back parts of Prop. 47. That’s the 2014 initiative that made misdemeanors of drug possession and theft of less than $950 in goods. Supporters including Mr. Newsom said it would save money by reducing incarceration.
The George Soros-backed initiative cut the state prison count, but Californians are paying a high price. Organized criminals exploit the law’s lax penalties. District attorneys say Prop. 47 prevents them from leveraging the penalty of jail time to induce addicts into treatment. Police often don’t arrest thieves or drug users because the crimes go unpunished. Retail theft, vagrancy and open-air drug use have spiked.
Thus the citizen initiative, which would toughen penalties for shoplifters and drug dealers. Someone with two prior convictions for theft could be charged with a felony on the third offense no matter the amount. The value of stolen property from multiple thefts could be combined for a felony charge. Continue reading
Jun
02
Martinez: Legal fight over tax hike without voter consent continues
The National Taxpayers Union Foundation (NTUF) continues to fight for residents in Northern Colorado. Back in March, in a major victory for taxpayers, a unanimous panel of the Colorado Court of Appeals agreed with us that a doubling of the property taxes in a few Northern Colorado counties violated the Taxpayer’s Bill of Rights (TABOR). But the case continues, because the Lower South Platte Water Conservancy District has now sought review from the Colorado Supreme Court. We recently filed our brief in opposition.
The case, Aranci v. Lower South Platte Water Conservancy District, involves residents challenging a tax increase by the water district, arguing it violates TABOR. The controversy arose when the district doubled its mill levy in 2019 without seeking voter approval. The residents filed a class action lawsuit, asserting that this increase violated the TABOR requirement that governments must ask voter consent for any tax rate increases, as well as seeking a refund for what was illegally collected.
The district court initially ruled in favor of the water district, finding no violation of TABOR under a narrow exception articulated in Huber v. Colorado Mining Association, which was about a ministerial tax adjustment based on inflation. However, the court of appeals unanimously reversed that ruling, declaring the mill levy increase was not ministerial and holding for the residents on five independent grounds. Continue reading
May
30
NTUF Defends Unanimous Win Protecting Taxpayers from Doubled Property Taxes
NTUF Defends Unanimous Win Protecting Taxpayers from Doubled Property Taxes
by Tyler Martinez May 29, 2024
Our Taxpayer Defense Center continues to fight for residents in Northern Colorado. Back in March, in a major victory for taxpayers, a unanimous panel of the Colorado Court of Appeals agreed with us that a doubling of the property taxes in a few Northern Colorado counties violated the Colorado Taxpayer Bill of Rights (TABOR). But the case continues, because the Lower South Platte Water Conservancy District has now sought review from the Colorado Supreme Court. We recently filed our Brief In Opposition.
The case, Aranci v. Lower South Platte Water Conservancy District, involves residents challenging a tax increase by the Water District, arguing it violates Colorado’s Taxpayer’s Bill of Rights (TABOR). The controversy arose when the Water District doubled its mill levy in 2019 without seeking voter approval. The residents filed a class action lawsuit, asserting that this increase violated TABOR, which requires prior voter approval for any tax rate increases, and seeking a refund for what was illegally collected.
The District Court initially ruled in favor of the Water District, finding no violation of TABOR under a narrow exception articulated in Huber v. Colorado Mining Association, which was about a ministerial tax adjustment based on inflation. However, upon appeal, the Court of Appeals unanimously reversed, declaring the mill levy increase was not ministerial and holding for the residents on five independent grounds. Continue reading