Colorado Republicans respond to lawsuit over TABOR
By Tim Hoover | The Denver Post
May 23, 2011 at 12:43 p.m.
Republicans on Monday rallied to the defense of the Taxpayer's Bill of Rights in response to a federal lawsuit alleging TABOR is unconstitutional.
The suit, filed in federal court Monday, alleges TABOR violates a provision of the U.S. Constitution that guarantees every state shall have a republican form of government where elected representatives govern. TABOR bars the legislature from raising taxes and requires all tax increases be put before citizens.
A bipartisan group of 34 plaintiffs signed on to the lawsuit, including former state Sen. Norma Anderson, R-Lakewood, and former state Rep. Bob Briggs, R-Westminster.
"TABOR has turned Colorado into a national example of how not to govern," Anderson said in a statement. "States from coast to coast have considered proposals modeled after TABOR but rejected them because of the bad consequences they see for economic development and education. When Arizona's Republican Gov. Jan Brewer vetoed similar legislation a couple of weeks ago, she called TABOR Colorado's 'failed experiment.' "
But Anderson and Briggs' voices were among the minority in the Colorado GOP.
"Colorado citizens deserve the right to vote on any tax increases they will be required to pay," said Colorado Republican Party Chairman Ryan Call. "The Taxpayer's Bill of Rights doesn't prevent tax increases, it simply requires politicians to first make their case to the voters as to why a state or local tax increase is necessary. The notion of 'Tax first, ask questions later' is not the recipe for responsible, limited government that Colorado citizens deserve."
Other Republicans echoed the sentiment and said TABOR has made Colorado a model of governance, not a "failed experiment."
"The Taxpayer's Bill of Rights has played a pivotal role in keeping government spending habits in check and has prevented Colorado from having the budget problems that other states like California and New Jersey have faced," said House Majority Leader Amy Stephens, R-Monument. "House Republicans will do everything possible to ensure that the Taxpayer's Bill of Rights is protected."
Said House Speaker Frank McNulty, R-Highlands Ranch: "While I respect Sen. Norma Anderson very much, I do not agree with her or the other lawsuit proponents that the Taxpayer's Bill of Rights has a constitutional flaw because it requires voter approval of tax increases. In fact, I view the requirement that voters approve tax increases as the most critical component of the Taxpayer's Bill of Rights."
Tim Hoover: 303-954-1626 or thoover@denverpost.com