Prop HH stays on Nov ballot after CO Supreme Court ruling.
Coloradans to Vote on Proposition HH in November
Coloradans will have the opportunity to vote on Proposition HH in November, following the rejection of a lawsuit contesting the measure by the state Supreme Court on Monday.
With property taxes in Colorado set to increase by up to 40% in certain areas, the General Assembly passed Senate Bill 303, which was then signed into law by Democrat Gov. Jared Polis. This legislation created Proposition HH, which will appear on the November ballot. Voters will decide whether to reduce residential property tax rates to 6.7% and compensate for lost tax revenue by utilizing funds from Taxpayer’s Bill of Rights refunds.
Lawsuit Challenges Proposition HH
A lawsuit was filed by 12 counties, elected officials, and Advance Colorado, a conservative advocacy organization, before the measure was signed into law. The lawsuit argued that the measure violated the state constitution’s single-subject requirement and that its title was not adequately clear. Additionally, it contended that a trigger law altering tax refunds if Prop HH is passed was not lawful.
Justice Richard Gabriel stated that the constitutionality of the initiative cannot be determined “unless and until those measures have been approved by Colorado voters.” While the Supreme Court did not express an opinion on whether the ballot initiative violates the single-subject requirement, Judge Gabriel noted that the petitioners failed to establish that Proposition HH violates the clear expression requirement.
Michael Fields, president of Advance Colorado Institute, expressed confidence that voters will reject Prop HH, stating, “Prop HH clearly violates the single-subject provision of our Colorado Constitution. While it should have been struck down before even going on the ballot, voters are smart – and they’ll send a clear message to the politicians at the Capitol this November.”
Senate President Steve Fenberg, a sponsor of the bill, emphasized that if voters approve the measure, they will immediately receive property tax relief while safeguarding funding for schools, fire districts, and other local government agencies. He criticized “far-right Republicans” for attempting to deny hardworking families and seniors a much-needed tax cut.
The Common Sense Institute, a free enterprise research group, published a comprehensive 45-page report on Prop HH, describing it as ”one of the most complicated ballot measures ever presented to voters.” According to the report, taxpayers could potentially lose $512 per year in TABOR refunds for the next decade if the measure is approved. Furthermore, if the provisions are extended through 2040, it could result in a $42.38 billion increase in state taxes.
A July poll indicated that 54% of Colorado voters favored Prop HH. However, support dropped to 43% among probable voters when they were informed about the state and local policies that would be implemented if the measure passed.
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