02-04-2025
State lawmakers want to sue over TABOR's constitutionality
DENVER (KDVR) — Lawmakers are in the process of approving tough cuts to keep this year's budget balanced. Some are now questioning if a constitutional amendment known as TABOR could be key to freeing up some more funding.
The Taxpayer Bill of Rights has been in the state's constitution since voters put it there in 1992. Now, some lawmakers are asking if it's constitutional.
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'We can be fiscally sound, we can make proper investments, we can have a strategy for pushing this state forward but currently we can't do that because of tabor. We all deserve an answer on whether or not it's constitutional or whether or not we are allowed to govern,' said state Representative Sean Camacho.
The freshman representative is a prime sponsor of a new joint resolution at the state enough representatives and senators approve it, it would allow the Committee on Legal Services to file a lawsuit to explore the constitutionality of TABOR.
'We are elected representatives and we need the power to set fiscal policy for the state because, ultimately, we need to fund housing, healthcare, infrastructure, all the things that we are currently unable to do because of TABOR. A tax policy from 1992 that is not equipped for the challenges we face in 2025,' Camacho said.
'Have you seen our state budget? Those days are over, that is not happening, that is not the reality that we have anymore. And I think all of us as elected officials, our number one duty is to follow the law. The constitution is our supreme law of the land,' Camacho continued. 'We all deserve a question whether or not TABOR violates it. That's what this lawsuit is doing.'
FOX31 political analyst and TABOR advocate Michael Fields said a federal court battle over TABOR already highlights potential obstacles to the effort.
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'The door is closed and you are going up the 10th Circuit (court) because they already weighed in on this. So this is kind of the only other option: Is to go to state court. It's kind of ironic that they are challenging the constitutionality of a constitutionally passed measure, right? So it's a very interesting challenge that they are trying to do. I think they went this route because a lot of the other routes are already closed off to them,' said Fields.
Reports of lawmakers weighing other proposals impacting TABOR, like one that would get rid of the state's flat income tax system in favor of a graduated system, are making their way around the capitol. Fields believes some of the ideas are symbolic of a desire for change.
'They want to try to do a progressive income tax but they need republican support which is never going to come to get it on the ballot,' Fields said. 'They can't get signatures, the polling isn't good. So they just say, 'you know what, we're going to throw this into the court's hands and throw it out totally, it's really popular, people won't side with us, so let's just hope the courts do this and overturn it.' I don't think that's likely to happen.'
'They keep complaining but the people are out there looking and saying, 'We like having TABOR. We like having a limit that government can only grow population plus inflation, that we get to weigh in on tax increases,' So I can understand how you are a legislator and you are frustrated that you can't raise taxes whenever you want but that's how it's been here for 33 years now,' Fields said.
Because the legislation is a resolution and not a bill, lawmakers would not need the governor's signature to get the process going. The public will have a chance to weigh in on this once it gets to the committee.
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