Category Archives: Legal Issues

Dec 17

Happy New Year From Your Colorado TABOR Foundation!

Posted on by

By a vote of 55% to 45%, you helped defeat Prop CC to remove TABOR spending limits, but they’re at it again.

Anti-TABOR activists are already testing ballot language for a 2020 initiative to unwind your Taxpayer’s Bill of Rights. With a high Democratic voter turnout, they see next year’s election as their chance to amend the State Constitution to give government taxing authority without a vote of the people.

The TABOR Foundation educates voters on how the Taxpayer’s Bill of Rights protects their livelihood and why it matters to their family’s future.

We give seminars, media interviews, social media updates, and we’re a primary contact for citizens asking for help when their local jurisdictions violate TABOR mandates.  Importantly, we engage in legal action to protect TABOR.

Defending freedom costs time – and money. We need more help. What can you do to help us?

Please send your donation of $50, $100, $150 or more. Checks payable to TABOR Foundation, a 501c3 not-for-profit organization, may be tax deductible as allowed by law.

And, we welcome your service with our Board of Directors, Speakers Bureau, or in some other capacity.  Please call me to talk about being more involved.  Thanks!

 

Sincerely,

Penn R. Pfiffner
Chairman
303-233-7731

TABOR Foundation
720 Kipling St.
Lakewood, CO 80215
www.thetaborfoundation.org 

Nov 29

What’s next after the failure of Proposition CC?

Posted on by
Democrats in the Colorado legislature will sacrifice parts of their agenda or find politically risky ways to pay for it
By  The Colorado Sun

Thursday, Nov. 28, 2019 12:25 PM

With the defeat of Proposition CC, voters ensured taxpayer refunds and the periodic legislative exercise in avoiding them are here to stay.

The 2020 budget cycle is shaping up to be no exception. The legislative session is still weeks away, and Colorado budget writers already face a daunting list of requests.

Continue reading →

Nov 12

We could use your help, talents, and skills defending the gold standard, Colorado’s Taxpayer’s Bill of Rights (TABOR).

Posted on by

Now that Proposition CC has gone down in flames, what will progressives do next to sabotage TABOR?
Aren’t you sick and tired on politicians trying to weasel their way out of, or ignoring, TABOR?
We need to do something about it, right?
Well then, why not you?
Yes, you read that right.
Why not?  It’s a great time to get involved.
If not you, then who?
We could use your help, talents, and skills defending the gold standard, Colorado’s Taxpayer’s Bill of Rights (TABOR).
We’re looking forward to having you help Colorado.
It’s easy to join.
See below on how you can make a difference.

 

 

 

Continue reading →

Nov 04

Norquist & Gleason: Fate our nation’s most important taxpayer protection measure hangs in the balance

Posted on by


The 2020 presidential campaign is dominating media coverage, but in just a few days, on Nov. 5, the voters (not a poll) of the battleground state of Colorado will determine the future of the nation’s strongest and most effective tax and expenditure limitation measure, known as the Taxpayer Bill of Rights (TABOR).

Approved by more than 53 percent of voters in 1992, Colorado’s TABOR mandates that state revenue cannot grow faster than the combined rate of inflation and population growth. State revenue collected in excess of the TABOR cap is refunded to taxpayers. TABOR also requires lawmakers to get voter approval for all tax increases.

It is projected that Colorado state government will have to refund roughly $500 million to Colorado taxpayers in 2020 due to revenue collections coming in above the TABOR cap. The progressive Democrats who run Colorado’s state legislature and Democratic Gov. Jared Polis are working to prevent those and all future refunds from happening with a measure referred to the November 2019 ballot that seeks to kill the Taxpayer Bill of Rights.

Proposition CC, which will appear on the statewide ballot in Colorado this fall, asks Colorado voters to allow state government to keep money that is supposed to be sent back to taxpayers in accordance with TABOR. Passage of Proposition CC would mean the end of the TABOR and the result would be a significantly higher tax burden in perpetuity for individuals, families, and employers across Colorado.

 

 

To read the rest of this story, please click (HERE):

Oct 17

Dark money and big donors fuel the ballot battle over Proposition CC in Colorado

Posted on by

Dark money and big donors fuel the ballot battle over Proposition CC in Colorado

The 2019 election attracts millions in money from nonprofits, whose donors remain hidden despite a new state disclosure law

Special to The Colorado Sun

Big money is pouring into the Proposition CC campaign – and Colorado voters may never find out where much of it is coming from.

That’s because dark-money nonprofits are contributing heavily to supporters and opponents of the 2019 ballot question to end TABOR revenue limits. That dark money — totaling nearly $3 million — is fueling an advertising battle on radio, TV and elsewhere.

And a new law aimed at identifying donors behind dark money doesn’t apply to issue committees involved in ballot questions or recall elections. The Clean Campaign Act — championed by Secretary of State Jena Griswold and signed in May by Gov. Jared Polis, both Democrats — requires disclosure of donors to nonprofits only when they contribute to committees involved in candidate campaigns.

MORE: Colorado Voter Guide 2019: What you need to know about propositions CC and DD before you vote

Griswold defended the law but acknowledged that it was just a first step in improving the state’s campaign-finance laws.

But she noted that court cases involving issue committees present challenges.

To read the rest of this story, please click (HERE):

Oct 15

Mike Rosen: NO on Proposition CC, YES on Proposition DD

Posted on by

Mike Rosen: NO on Proposition CC, YES on Proposition DD

 By Mike Rosen

Proposition CC – Retaining State Government revenue. VOTE NO.

A “yes” vote would allow the state to retain any surplus of revenues in excess of spending not only in fiscal year 2018-2019 but in all years to come. A “no” vote requires the state to refund budget surpluses to taxpayers as now required under current law.

In the Colorado Constitution, The Taxpayer’s Bill of Rights (TABOR) limits state government spending and taxation through a formula tied to population growth and inflation. Direct voter approval is required to change the limit. Article X, Section 20 (7) (d) reads: “If revenue from sources not excluded from fiscal year spending exceeds these limits in dollars for that fiscal year, the excess shall be refunded in the next fiscal year unless voters approve a revenue change as an offset.”

Through that last clause, Prop CC is asking voters to give up their prospective TABOR refunds permanently. It would spend those budget surpluses in equal shares on K-12 education, higher education and transportation without specifying how the money will be spent within those categories, leaving that to legislative whims now and in the future. Look at it this way: state government spending on K-12 in FY 2018-2019 exceeded $7 billion. Eliminating taxpayer refunds would direct an additional $103 million to K-12 education starting in FY 2020-2021. Seven billion is seven thousand million. One hundred million is a comparative drop in the bucket.

To read the rest of this story, please click (HERE):

Oct 13

Proposition CC explained: What it means to end the spending caps in TABOR and the money at stake

Posted on by

Proposition CC explained: What it means to end the spending caps in TABOR and the money at stake

The debate for Prop. CC involves whether to keep TABOR refunds, or send the tax dollars to three key areas: education, colleges and transportation.

POLITICS AND GOVERNMENTPRIMARY CATEGORY IN WHICH BLOG POST IS PUBLISHED

Brian Eason

Special to The Colorado Sun

In one of the most significant potential changes to state fiscal policy in decades, Colorado voters this November will be asked to permanently eliminate a revenue cap that has both restrained and reshaped state government since 1992.

The ask of voters is relatively modest: Forgo the occasional refund under the Taxpayer’s Bill of Rights — estimated at worth between $20 and a few hundred dollars for the typical household, according to the latest economic forecasts.

Nonetheless, the referendum known as Proposition CC backed by Gov. Jared Polis has the potential to be nothing short of a watershed moment in Colorado politics.

To supporters, it’s a long overdue change to TABOR that will allow the state to reinvest in essential public services that have atrophied over two recessions even as budget demands have grown. To opponents, it’s an unwelcome expansion of a state government that they view as too large already, thanks to an explosion of fees in the TABOR era.

And to both sides, it represents a critical battle in a broader ideological war over the proper size and scope of Colorado’s state government.

To read the rest of this story, please click (HERE):

 

Oct 08

How Colorado officials manipulate ballot language to get what they want: The case of JeffCo Issue 1A

Posted on by

How Colorado officials manipulate ballot language to get what they want: The case of JeffCo Issue 1A

Some people bemoan the lack of trust in government officials. Those people should read more. They could start by learning how many of Colorado’s officials ruthlessly manipulate ballot language to mislead voters and skew election results.

Jefferson County’s Ballot Issue 1A—up for a vote next month—is a case in point.

Issue 1A is a referendum under the Colorado Taxpayer’s Bill of Rights (TABOR). TABOR requires officials to ask voter permission, via referendum, for several kinds of fiscal decisions. The most important are (1) raising taxes, (2) creating debt, and (3) waiving caps on government spending (which TABOR sometimes confusingly calls “revenue”).

Knowing that government officials sometimes try to manipulate elections, the TABOR drafters inserted rules governing how tax and debt issues appear on the ballot. But they omitted similar rules for elections to waive spending caps.

The reasons for the omission are not clear. Perhaps it was an oversight. Or perhaps the drafters thought rules were unnecessary, because waivers were to last a maximum of four years. If a waiver was abused, the abuse would soon be over and voters could hold the guilty officials accountable.

But in 2002, the Colorado Court of Appeals issued a case seriously misinterpreting TABOR. The court ruled that once the voters in a particular locale approve a spending cap waiver, the waiver does not necessarily expire. The waiver may specify five years, or seven, or ten. If it does not contain an ending date, the waiver lasts forever. TABOR spending caps never apply in that locale again.

To read the rest of this story, please click (HERE):

Oct 08

“Better government for you: Not hiding elections!”

Posted on by

“Better government for you:  Not hiding elections!”

October 7, 2019

There is much to like in the Taxpayer’s Bill of Rights (TABOR), and it’s good to remember that it includes good government provisions that improve election procedures.

None of us want to put up with elected officials holding a surprise election for voter approval of a government’s action.  Yet, there were times in the past in which the public was not adequately informed about an election.  The elected officials would list it in a newspaper’s Public Notices section, and of course had to put the ballot measure into the government’s official record.  But that was insufficient to let voters know what was going on, and by doing the minimum possible to notify voters, some governments were able to keep the elections low profile.  The intent of suppressing turnout was so that only those people heavily invested in passage would participate.  The normal citizen, the rank-and-file taxpayer, might miss a special election, allowing others to vote in, say, a new debt issue or increase a tax rate.

The Taxpayer’s Bill of Rights corrected that situation.  The constitutional measure pertains to all governments in Colorado, even small special districts that don’t command much attention.

When bringing an issue before the voters, TABOR requires that “At least 30 days before a ballot issue election, districts shall mail …. a titled notice ….. addressed to ‘All Registered Voters’ at each address of one or more active registered electors.   …. Titles shall have this order of preference ‘NOTICE OF ELECTION TO INCREASE TAXES (or) TO INCREASE DEBT….’

The paragraph contains even more specifics, as it was carefully crafted to prevent elected officers from circumventing it.  This important constitutional provision improves the operations of all governments in our state and protects the taxpayer in ways beyond just voting on tax rates.

Sep 26

The Democratic agenda came with a big price tag. Now Colorado budget writers worry about paying the bill.

Posted on by

The Democratic agenda came with a big price tag. Now Colorado budget writers worry about paying the bill.

The rising costs of Gov. Jared Polis’ full-day kindergarten program is part of an estimated $100 million in additional costs lawmakers will need to cover

John Frank

The Colorado Sun — johnfrank@coloradosun.com

To pass their expansive legislative agenda, the new Democratic majority at the Colorado Capitol spent big this year. Real big. And now even Democratic budget writers are worried about how to make ends meet.

“There were a lot of bills passed last (session) that have continued spending … and some of those were very large,” said Rep. Daneya Esgar, D-Pueblo. “I don’t think we completely all truly understand what we have obligated ourselves to.”

The incoming chairwoman of the Joint Budget Committee issued the extraordinary warning about the forthcoming spending constraints Friday, two months before lawmakers will meet to craft the spending plan for the next fiscal year.

A preliminary estimate prepared for budget writers shows the legislation approved in the 2019 session will cost an additional $80 million to $100 million in the next budget. One factor is a low-ball estimate for the cost of full-day kindergarten, Democratic Gov. Jared Polis’ chief legislative priority in his first year.

The additional costs anticipated don’t include other major obligations that will come due, such as a projected $175 million to expand inpatient treatment for opioid and substance abuse under legislation approved in 2018 and another $30 million more for the state’s share in a federal children’s health insurance program.

Right now, projections show Colorado may not have the money to cover all the bills and continue spending at its current rate in other priority areas, such as education, transportation and health care.

To read the rest of this story, please click (HERE):