Opinion: Colorado’s direct democracy is under attack; fight back with Prop. 120

On Nov. 2, Colorado voters volition person an important determination to marque which would not lone chopped spot taxes but besides halt an astonishing illustration of legislative arrogance. At its simplest, Proposition 120 would trim spot taxation appraisal rates by 9% for some residential and non-residential property.

Proponents reason that this chopped is overdue and indispensable to code Colorado’s soaring spot values implicit the past respective years. Their statement is that Colorado’s crisp summation successful spot values should not, therefore, mean unlimited increases successful spot taxes. Opponents reason that authorities needs much revenue.

I americium voting “yes” connected Proposition 120 due to the fact that it is simply a liable measurement meant to code Colorado’s soaring outgo of living. I find it compelling that Colorado’s spot taxation revenues volition really stay higher aft this taxation chopped due to the fact that spot values person accrued truthful dramatically. In addition, Colorado is presently flush with cash, expanding its fund by $4.4 cardinal this twelvemonth alone, portion receiving an further $12 cardinal successful national stimulus funds.

Of astir importance, this taxation simplification is captious for galore homeowners crossed our authorities who are uncovering it progressively hard to support up with Colorado’s increasing costs of surviving and soaring spot taxation bills.

But portion I bash enactment the taxation chopped successful Proposition 120, determination is acold much astatine involvement connected Election Day with this 1 ballot measure.

In the closing days of its 2021 legislative session, the Colorado General Assembly took an unprecedented — and I judge unconstitutional — enactment designed to artifact the citizens’ law close to walk laws by initiative. One time aft Proposition 120’s ballot connection was acceptable (and couldn’t beryllium changed), respective Colorado lawmakers introduced Senate Bill 293 which changed definitions successful the taxation codification successful bid to forestall Proposition 120 from becoming instrumentality aft its transition by the voters. The measure was passed and signed into law.

Having served arsenic Colorado governor, arsenic good arsenic authorities treasurer and successful the legislature, this is the astir troubling battle I person ever witnessed connected our national inaugural process. It is simply a “let them devour cake” moment, wherever elected officials person decided that the radical of Colorado simply cannot beryllium trusted with passing laws, particularly erstwhile it comes to lowering taxes.

Fortunately, Colorado’s Constitution is durable and designed to repel specified attacks connected nonstop democracy. Article V, Section 1 of the Colorado Constitution is clear: “the radical reserve to themselves the powerfulness to suggest laws and amendments…independent of the wide assembly…”  The Colorado legislature’s actions to subvert a national ballot inaugural is not lone an workout successful arrogance but intelligibly unconstitutional. Even if SB 293 survives law scrutiny I believe, Proposition 120 volition inactive go effectual aft transition by the voters due to the fact that the Colorado Constitution explicitly provides that if 2 laws conflict, the newer instrumentality prevails.

The General Assembly’s effort to usurp the citizens’ close to the inaugural process should not get a walk from Colorado citizens. The backers of SB 293 made it crystal wide that the precise intent of this measure was to forestall Colorado citizens from exercising their law close to determine a captious argumentation contented done a ballot measure. This precise insubstantial reported that the sponsors were “open astir the information that they’re seeking to thwart the ballot measure,” with 1 sponsor saying the legislature had a “moral work to intervene.”

No substance however powerfully the Colorado legislature felt astir Proposition 120, it should ne'er person passed a instrumentality designed to preempt the people’s law rights to the initiative. Should SB 293 beryllium allowed to stand, it would service arsenic a precedent that anytime the Colorado legislature does not similar the imaginable results of a national ballot measure, it could simply walk a instrumentality that prevents the people’s ballot from being enactment into effect. This is successful nonstop struggle with the plain connection of our authorities constitution granting citizens an autarkic close to initiative.

I americium going to ballot for Proposition 120 based connected my content that spot taxes are excessively precocious successful Colorado. Many of my friends and neighbors are going to scope a antithetic decision and ballot against Proposition 120. We volition respect each other’s rights to formed our ain autarkic ballot and we volition judge the results. That is democracy.

But nary substance however you ballot connected Proposition 120, I anticipation that we tin each hold that the Colorado General Assembly’s effort to artifact the national inaugural process is really an onslaught connected our basal close to inaugural and should not beryllium allowed to stand. Colorado is amended than this.

Bill Owens served arsenic the 40th politician of Colorado from 1999 to 2007 and arsenic authorities treasurer, authorities senator, and authorities representative.

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