A decade after a lawsuit challenging the constitutionality of Colorado’s Taxpayer’s Bill of Rights (TABOR) was dismissed on a technicality, State Rep. Sean Camacho is sponsoring a resolution to try again. The lawsuit, known as Kerr v. Hickenlooper (later Kerr v. Polis), was dismissed due to incorrect plaintiffs. Camacho’s resolution, House Joint Resolution 1023, aims to sue over TABOR’s constitutionality in state district court, with the General Assembly as the plaintiff.
Camacho argues that lawmakers are unable to adequately fund essential services due to TABOR restrictions on revenue. He believes it is crucial to determine whether TABOR is constitutional and provide voters with the republican form of government they are entitled to. Despite opposition from TABOR’s architect, Douglas Bruce, who argues that the issue has already been settled in federal court, Camacho maintains that the legal question still needs to be answered.
The lawsuit comes at a time when lawmakers are grappling with a tight state budget and the limitations imposed by TABOR. The TABOR ballot measure, passed in 1992, restricts state revenue growth to inflation plus population growth and mandates refunds for any revenue exceeding the limit. While some localities have opted to “de-Bruce” and retain excess revenue, the statewide impacts of TABOR continue to be a point of contention. The resolution seeks to address these issues through a legal challenge in state court.
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