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

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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.”
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.

https://www.ntu.org/foundation/detail/tabor-wins-colorado-supreme-court-declines-to-review-taxpayer-victory-against-water-conservancy-district

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.

 

By The Editorial Board

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 Associationwhich 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 Associationwhich 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

May 14

Gaines: Getting back from the state what we’re owed under TABOR

Pretend that your employer accidentally overpaid you, say $20 extra a month for a couple years.  Neither of you notice until one day you get an email telling you about the mistake.  The mistake has been fixed and your pay will be $20 less going forward.  Also, you now owe your employer $240.  Not a pleasant thing to consider.
Fresh on the heels of Governor Polis signing the state budget, we got similar bad news.  Due to an accounting error there’s a $67 million “oops” in the budget.
The mistake stretches all the way back to the hurried 2020 legislative session and a bill rushed through for Polis’ signature.  SB20-215 created the Health Insurance Affordability Enterprise, another of those government-run “businesses” which attaches a fee to many health insurance policies (any policy regulated by the state’s division of insurance).
These fees go to Governor Polis’ pet reinsurance programs as well as subsidies for low-income residents, including, incidentally, those here illegally.  Like all enterprises, this revenue was not subject to the revenue limits the Taxpayer’s Bill of Rights (TABOR) puts on the government.
So far a pretty standard example of how our legislature likes to meet its priorities, not by the consent of those that foot the bill, but by taking without asking first.  The problem came in because someone, somewhere in the state government, screwed up.  I can’t quite seem to find out the exact details, but someone goofed.  Tax revenues from the state’s general fund were going to this enterprise, as they were supposed to by an earlier law and no one kept the money separate.
They should have been separate because the general fund dollars are decidedly not exempt from TABOR limits.  The state was keeping money above TABOR limits pretty much since the start of this enterprise, shorting us on money we are owed.  As I say above, the exact details of who knew and when are not too clear to me; I have seen different versions in different news stories.  Some say that no one on the legislature’s Joint Budget Committee knew until after the budget was signed, the legislators being kept in the dark while the state controller and the attorney general were trying to see if they did indeed have to return the money.
If you have seen headlines on this problem, you may or may not have noted a discrepancy in the dollar amounts.  Some articles say $67 million, some say $34.  Both are right, but the semantics are important.  The total owed is $67 million:  $33 million for this year and $34 million for the past couple years of overpayments.  If I return to my analogy from before, you could liken the $34 million to the $240 you’d owe your employer, the $33 million to the $20 loss on your current check, and the loss of that $20 per month in the future to the problem the state has in trying to figure out how to fund the enterprise fully going forward.
Going forward is pretty simple.  Perhaps not pleasant, but simple.  A bill is already working its way through the legislature to make sure that this problem doesn’t recur.  Working in descending order, the next problem is how to pay the $34 million overcharge from this year.  That one will likely get paid, at least in part, by not sending general fund revenue to the enterprise this year.
Lastly, the thorniest problem, the one that I think seems to be causing the most heartburn is how to pay taxpayers back the $33 million they’re owed from the last two years.  I had to laugh when I read up on this issue because some Democrats, the same ones that howled about the irresponsibility of using the state’s reserves to help temporarily drop property taxes in the last special session, are now perfectly okay with dipping into said reserves to pay taxpayers back.  Funny how quickly reckless financial irresponsibility isn’t reckless anymore when the political need is big enough.  Tapping reserves carries a couple problems, however.  First, the legislature must enable this to happen because this size of a hit puts us below the statutory minimum, and somehow, at some point in the future, that loss would need to be made up.
Another route open to our legislature would be to reduce spending.  They could simply not spend as much this session and put that money into refunds.  You know, kind of like when you have to forego some spending you wanted due to unexpected bills.
I marvel at this whole story.

Continue reading

May 09

EDITORIAL: Rein in violations of taxpayer’s rights

EDITORIAL: Rein in violations of taxpayer’s rights

    •  Updated 

BIZ-WRK-ACCOUNTING-WORKLIFE-DMT

The 2024 tax and audit season, which generally stretches from mid-January to mid- or late April, hasn’t been quite as challenging as it was in pandemic years, industry experts said.

Government is supposed to be of, by and for the people. That’s why Colorado voters passed the Taxpayer’s Bill of Rights in 1992, forcing the state government and other taxing jurisdictions to obtain voter approval before raising taxes or spending revenues that outpace inflation and population.

Moments after voters passed the law, politicians began routing around it. They began levying and/or raising car registration “fees,” energy production “fees” professional registration “fees,” doing-business “fees,” plastic bag “fees,” phone “fees,” tire “fees,” alcohol “fees” and much more.

Politicians who don’t want to ask for a tax increase — those who think they know what’s best for other peoples’ money — learned early on they could call a “tax” a “fee” and from TABOR become free. Courts, which make up a major component of state and local taxing jurisdictions, have gone along with this ruse.

Boldly flouting federal law, the Colorado Legislature recently passed Senate Bill 184 to impose a “Congestion Impact Fee” on rental vehicles. The money will go to fund passenger rail and other Democratic pet projects marketed as good for the climate.

To continue reading this story, please click (HERE) to at the Denver Gazette.