House Joint Resolution 1023, introduced by Democrats in Colorado, narrowly passed its first committee vote on Monday night. The resolution aims to challenge the Taxpayer’s Bill of Rights (TABOR) amendment to the state constitution, which restricts officials’ spending authority and requires voter approval for tax increases. If passed, the resolution would initiate a legal challenge to determine if TABOR complies with the U.S. Constitution’s requirement for a republican form of government.
Spearheaded by Rep. Lorena Garcia, Democrats argue that TABOR limits the state to a direct democracy in terms of spending, which may be unconstitutional. The resolution passed 7-6 in committee, with Republicans vowing to defend TABOR against any legal challenges. Democrats see reforming TABOR as crucial, especially given the state’s $1.2 billion budget shortfall and projections for future deficits due to mandated program spending outpacing TABOR limits.
While Democrats believe a court ruling on TABOR’s constitutionality is necessary, Republicans like Rep. Bob Marshall view challenging the will of the voters as problematic. Despite opposition, Democrats hold strong majorities in both chambers of the legislature, indicating a potential path for the resolution to move forward. The resolution’s passage marks a significant milestone in the ongoing debate over TABOR and its impact on Colorado’s budget and governance.
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