Category Archives: Media

Jul 31

Appellate briefs started in Donor Disclosure

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TABOR Supporters,

The “Donor Disclosure” lawsuit is about the City of Denver’s ordinance to cause any organization to become an issue committee for speaking out about a Denver ballot measure.  Our two organizations (TABOR Committee and the CUT Foundation) are the plaintiffs.  We are represented by the Goldwater Institute.  We lost on the issue of standing in District Court on February 5, 2019.  Our attorneys have met the deadlines for an appeal.

This message is to let you know of progress made. Our brief was submitted timely on July 12th.  The Defendant (City of Denver) has until August 16 to file its opening brief.  The step after that will be our Reply brief, which will be due September 16.

Plaintiffs’ Opening Brief_7.12.19 on Scribd

Jul 31

Trump’s Greek-Style Budget Deal

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In other words, we’re on the path to fiscal crisis. Is there a solution?

Yes, we could adopt constitutional restraints on the growth of government. I mentioned Colorado’s Taxpayer Bill of Rights in the interview, as well as the “debt brake” in Switzerland.

http://danieljmitchell.wordpress.com/…/trumps-greek-style…/

Jul 30

Save our Taxpayer’s Bill of Rights! Donate to No on Prop CC!

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Over the next few months, the Takings Coalition, with its insatiable appetite for OUR money, will use every propaganda trick available to convince Colorado voters to give up our Taxpayer’s Bill of Rights (TABOR) refunds – FOREVER! One vote and state government can keep all of our money – FOREVER!

That’s why we are fighting back against the ballot measure Proposition CC, and we need YOUR help today!

First, what is Prop CC? Simply, it’s a legislatively-referred ballot measure we’ll be deciding this fall. If voters say yes, then the state government will keep all of our TABOR refunds forever. It will cost Colorado taxpayers billions of dollars in perpetuity. It’s a forever tax increase on all of us, our children, and our grandchildren.

Prop CC is blank check for the legislature’s pet projects. Supporters say it will go to roads and schools, but there’s no guarantee. And we’ve seen the legislature play fast and loose with extra money from taxpayers such as Ref C dollars. Likely this money will go to backfill lost revenue from the oil and gas industry, an industry this legislature is trying to destroy.

Prop CC is a big step to total repeal of the greatest gift voters ever gave themselves and future generations – TABOR. Passed by voters in 1992, TABOR puts Coloradans, not politicians, in charge of the size and scope of government we want. It’s no wonder 71 percent of Colorado voters support TABOR.

No doubt the Prop CC proponents will claim the state is broke even though the budget will be nearly $32 billion. Since voters gave the initial thumbs up to TABOR, our budget has grown 300 percent. The state doesn’t need more of our money. The legislature needs to do its job and prioritize!

While voters love TABOR, the political elite, the professional Left, and special interests hate it. Over the last few days they’ve called TABOR and its supporters “brainwashed” “destructive” and “unconstitutional.”

After the November 5 election, they’ll be calling us winners because we will defeat Prop CC.

Lots of good people like former Governor Bill Owens, former U.S. Senator Hank Brown, CU Regent Heidi Ganahl, District Attorney George Brauchler, former State Treasurers Walker Stapleton and Mark Hillman and more all agree that Prop CC is bad for Colorado. We must get the word out to every Colorado voter! WE MUST SAVE OUR TAXPAYER’S BILL OF RIGHTS!

Will you join us? The other side will have lots of special interest money, but we have you! The No On CC issue committeeneeds $25,000 to get our digital campaign started and yard signs printed. Even $5 helps pay to print two signs!

Can we count on you to help us save TABOR now and for future generations? Can we count on you to contribute to this fight against the extremist overreaching majority at the Colorado State Legislature?

If you prefer to mail your contribution, please do so. Make the check payable to No On CC issue committee and mail to: No On CC Issue Committee, C/O Independence Institute, 727 E 16thAve, Denver, CO 80203.

For more information visit our Website VoteNoOnCC.com. Click herefor more information on our Taxpayer’s Bill of Rights

Jul 29

Colorado’s Attorney General Candidates Weigh in on Six Key Issues

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This is from September, 2018.
Now to find out if AG Weiser is a man of his word or did he lie to Colorado?
 
On TABOR:
Weiser says: “You have a job to be a leader, to work with people to solve problems, and to suggest how the law can be improved. With respect to TABOR, there is a clear need to improve.”
 
The takeaway:
Like Brauchler, Weiser will defend the law.
But if the Colorado General Assembly or governor wants to (legally) work around TABOR or fight to repeal it, he’d probably be OK with that.
 
Jul 28

Semantics ploy could undermine TABOR

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COLUMN: Semantics ploy could undermine TABOR

  • By: Mike Rosen
Rosen_0249 (copy)
What’s your opinion of Article X, Section 20 of the Colorado Constitution? I suspect the reply of the overwhelming majority of Coloradans to that question would be: “Huh?” But hold that thought.

If you’re a Colorado taxpayer, you better get a firm grip on your wallet. Once again, the forces of unlimited government and the folks who know how to spend your money better than you do are after it. The dragon they want to slay for the umpteenth time is commonly known as TABOR, The Taxpayer’s Bill of Rights.

This was an amendment added to the state constitution via a ballot question by a direct vote of the people in the general election of 1992. It limits spending by all levels of government under a formula that considers population growth and inflation. It also requires approval by the voters for tax increases.

While still in the ballot-question womb and from the moment of its birth, TABOR has been generally supported by Republicans and opposed by Democrats. To circumvent TABOR, Democrat governors and legislators have sometimes gotten away with the charade of disguising tax increases as new “fees.”

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

 

Jul 26

Campaign for Coloradans to give up their TABOR refunds doesn’t exist – so far

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Campaign for Coloradans to give up their TABOR refunds doesn’t exist – so far

The Post couldn’t find a Democrat who would talk about it on the record

Republican evangelical Kendal Unruh, right, along with Pam and Steve Houser, left, talk election issues with Beverly Hills resident Rusty Fuerst.

By ANNA STAVER | astaver@denverpost.com | The Denver Post

July 25, 2019 at 6:00 am

For weeks the people who oppose a ballot measure that would end state TABOR tax refunds have spent thousands of dollars knocking on doors, passing out flyers and making phone calls.

Those who support Proposition CC, however, are nowhere to be seen.

Transportation and education lobbyists, whose organizations stand to directly benefit from a victory this November, told The Denver Post they hadn’t heard of an active campaign in support of Proposition CC yet. No record of one exists in the Secretary of State’s Office’s online system, and major Democratic firms like Onsight Public Affairs haven’t been hired to assist anyone.

The Post couldn’t find a Democrat who would talk about it on the record.

“For a lot of people we talk to this is the first time they’ve ever heard about (Proposition CC),” said Jesse Mallory, who runs the Colorado arm of Americans for Prosperity. “We get to explain the true impact it would have, and what the legislature is truly asking.”

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

Jul 23

10th Circuit reverses TABOR ruling, says lawsuit can challenge Colorado law’s constitutionality

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10th Circuit reverses TABOR ruling, says lawsuit can challenge Colorado law’s constitutionality

Federal judge previously had found lawsuit’s plaintiffs lacked standing to sue

 

By ANNA STAVER | astaver@denverpost.com | The Denver Post

PUBLISHED: July 22, 2019 at 3:18 pm | UPDATED: July 22, 2019 at 5:43 pm

A sidelined legal challenge to the constitutionality of Colorado’s Taxpayer Bill of Rights is back on again, following a decision by a federal appeals court Monday that found some plaintiffs in the case have a right to sue.

“We have been dealing for eight years with threshold procedural issues,” said David Skaggs, an attorney for the plaintiffs. “Now I hope we will be heading back to district court to finally get to the merits.”

The 10th U.S. Circuit Court of Appeals’ decision reverses a 2017 ruling by a federal judge in Denver who said the plaintiffs lacked what’s called standing — meaning they could show they would be subject to actual or threatened damages — and therefore couldn’t sue.

The lawsuit itself dates to 2011 when Sen. Andy Kerr and House Speaker Dickey Lee Hullinghorst challenged TABOR in federal court.

They argued that giving the final say on all tax increases to voters — as TABOR mandated after its approval by Colorado voters in 1992 — violated the Guarantee Clause of the U.S. Constitution, which is a line in Article IV, Section 4 that promised every state a republican form of government. TABOR, they argued, transformed the state into a direct democracy.

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

Jul 18

TABOR Repeal Supporters Don’t Want To Call It That

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Gee, we wonder what they’re trying to hide?
Why are they being so sneaky?
Don’t lose your #TABOR Rights.
Vote NO on whatever they call it in 2020

TABOR Repeal Supporters Don’t Want To Call It That

By Nathaniel Minor

July 17, 2019

A 2013 ballot and voter blue book.Megan Verlee/CPR News
A 2013 ballot and voter blue book.

The Colorado Title Board on Wednesday approved key language for a possible 2020 ballot initiative that would repeal a highly consequential part of the state constitution.

But which part, exactly? If you ask repeal proponents, it’s Article X, Section 20. If you ask repeal opponents, it’s the Taxpayer’s Bill of Rights, or TABOR. How the ballot question is presented to voters is just the latest high-stakes skirmish in a long war over TABOR, a controversial constitutional amendment passed in 1992 that’s limited government growth in the state.

Both sides presented arguments to the title board, a three-member panel with representatives from the Secretary of State’s office, the state Attorney General and the Office of Legislative Legal Services, that decides if ballot measures meet all requirements and how they should appear on the ballot.

The Full Story Behind TABOR: Read & Listen To The Taxman Podcast

The liberal-leaning Colorado Fiscal Institute is backing the repeal effort, which won a significant victory at the Colorado State Supreme Court last month allowing it to inch closer to the 2020 ballot. Carol Hedges, the group’s executive director, said using the specific term, “Article X, Section 20,” is the most clear, neutral way possible to refer to the amendment.

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

 

Jul 09

Q&A with Penn Pfiffner | On standing up for freedom, and TABOR

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Q&A with Penn Pfiffner | On standing up for freedom, and TABOR

·         Dan Njegomir, Colorado Politics

The TABOR Foundation’s Penn Pfiffner addresses the Reagan Club of Colorado earlier this year. (Photo courtesy the TABOR Foundation)

 

Even if you don’t move in Penn Pfiffner’s center-right political circles, you’re probably familiar with his name as the media’s go-to guy for comment on the Taxpayer’s Bill of Rights whenever it comes up in the news. And it comes up a lot, of course. 

The groundbreaking taxing and spending limits — venerated by some and vilified by others — have been stirring debate ever since being enacted into Colorado’s Constitution by voters in 1992. Better known by its acronym TABOR, the constitutional provision has prompted lawsuits, legislation and more ballot issues by wide-ranging interests hoping to elude or at least ease its restraints on state and local budgets. 

The perennial back-and-forth over TABOR also spawned the TABOR Foundation, which, along with its advocacy counterpart the TABOR Committee, emerged with the help of Pfiffner and other resolute TABOR supporters to stand up for the policy.

Pfiffner, who served as a Republican state representative from Lakewood in the 1990s, has become as distinctive a voice for TABOR over the years as he has for the advocacy of limited government in general.

He expounds on both of those endeavors and more — as always, in his characteristically eloquent and respectful way — in today’s Q&A.

Colorado Politics: Let’s start with a recent headline. The state Supreme Court ruled June 17 that a pending ballot proposal to repeal TABOR in its entirety may proceed — despite a constitutional “single-subject” stipulation on ballot issues that was long believed to have blocked precisely such an all-in-one-shot repeal.

In a public statement from the TABOR Foundation condemning the ruling, you said, “The court has become dangerously unmoored from the clear meaning of the state constitution.” The statement also said the court ”appears to take sides.”

Recap for us what was fundamentally at issue in the case before court — and why you feel the court missed the mark.

Penn Pfiffner: The recent direction of the Colorado courts on constitutional matters should trouble any citizen. Our American system relies on an honest judicial branch to impartially interpret the law. We have seen an absolutely consistent antipathy from the courts towards the Taxpayer’s Bill of Rights.

It’s an understatement to say that the justices from trial level to the Colorado Supreme Court have appeared to argue backwards from predetermined outcomes. Some of the arguments appeared to me to be even juvenile, like an adolescent trying too hard to argue the impossible.

The central finding in the Bridge Enterprise case that the TABOR Foundation brought is an example. Years from now, I surmise historians of Colorado’s system will be amazed and disgusted that it became so partisan during these recent years. Good, experienced attorneys today are urging the TABOR Foundation not to bring any more constitutional issues to the judicial branch — it’s that futile, and all that we end up with is setting bad precedent. In the case you raise, the court explicitly threw out a generation of precedent. It’s as if they never opened the section on TABOR to read all the different pieces in this comprehensive constitutional measure.

A dissent from the bench pointed out that some activist could now substitute Colorado’s extensive “Bill of Rights” for “Taxpayer’s Bill of Rights” (in a ballot proposal) and in one vote overturn all citizen protections. A leftist court looks ready to use its personal political views to put a thumb on the scales of justice.

Penn Pfiffner

  • Chairs the board of directors for the TABOR Foundation and the TABOR Committee, since 2009. The two entities, respectively, educate and advocate on behalf of TABOR.
  • Owner, Construction Economics LLC, since 1983; provides financial and managerial consulting to architects, engineers and contractors.
  • Senior fellow in fiscal policy at the Denver-based Independence Institute, 2001-2014.
  • Served as a Republican state representative from Jefferson County in the Colorado House, 1993-2001.
  • Current board member and past president of the Colorado Union of Taxpayers.
  • Chaired “Too Taxing for Colorado,” an issue committee to defeat the unsuccessful Proposition 103 tax increase on the 2011 statewide ballot.
  • Holds a master’s degree in finance from the University of Colorado Denver and bachelor’s degrees in economics and political science from CU Boulder.

 

CP: Give us your elevator speech on TABOR’s role, and value, in our state constitution.

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