Colorado has a novel concept in its state constitution. TABOR, the Taxpayers Bill of Rights, dates back to when the state was both Republican and Democrat, unlike its current leadership that is all-Democrat.

The provision simply calls for a vote of the people before any taxes are raised.

Now lawmakers frequently have run end-arounds to their own constitution, insisting that the money they demand is a “fee,” not a tax. But that defies reality in that they charge “fees” for Colorado residents to use roads and bridges, but refuse to charge that same “fee” to out-of-state drivers using the same roads and bridges.

If it walks and talks like a tax…

Leftists in the Democrat-majority legislature also repeatedly have used a state Supreme Court ruling that appeared to allow “de minimus” or “incidental” tax revenue changes without a vote.

Now the lawmakers were faced with a serious budget shortfall, which was aggravated by their decision to replace millions of dollars abortionists lost because of congressional action and millions that wealthy EV buyers would have lost because of federal changes, with money from state taxpayers’ pockets, and turned to their agenda of scooping up all the money they can.

Too much, came the warning, even from the state Supreme Court, which is so far left members tried to remove Donald Trump from the 2024 presidential ballot before being scolded by the U.S. Supreme Court.

A report at Complete Colorado revealed the state court has put officials on notice about those tax hikes.

The warning came in a court ruling that struck down two tax increases in the city of Lakewood.

“In doing so, justices raised issues that cast doubt on ‘hocus pocus’ incantations relied upon by legislators during the special session,” the report explained.

The court, through Justice Richard Gabriel, said, “[A] taxing district (including the state) cannot exempt itself from TABOR’s restrictions and requirements simply by declaring that a legislative change has a purpose other than revenue generation.”

“This should be a cold shower for lawmakers who think they can alter reality with a legislative declaration. Passing a bill that declares, ‘up is down,’ doesn’t make it so,” the report said.

Further, the court found, “it was obvious when each (Lakewood) Ordinance was enacted that it would have the effect of raising revenue,” and added, “although revenue generation may not have been the only purpose … revenue generation was not merely incidental.”

To bring that back to state lawmakers, in their special session in August, they “passed several bills to raise tax revenue and partially fill the growing chasm between federal tax policy and progressive Democrats’ insatiable spending,” the report said.

The state’s Democrat majority demanded Colorado taxpayers increase their state tax liability by adding back a 20% deduction allowed under federal law for business income received from partnerships, sole proprietorships and certain corporations, the report said.

That bill is expected to increase tax revenue by $97 million in 2025-26, the report said.

Further, lawmakers decided to reduce a tax deduction for insurance companies that keep at least 2% of their employees based in Colorado, resulting in an estimated $90 million increase in tax revenue, the report said.

Their thinking was that nearly $200 million in tax increases was “incidental” and “de minimus.”

Bob Unruh

Bob Unruh joined WND in 2006 after nearly three decades with the Associated Press, as well as several Upper Midwest newspapers, where he covered everything from legislative battles and sports to tornadoes and homicidal survivalists. He is currently a news editor for the WND News Center, and also a photographer whose scenic work has been used commercially. Read more of Bob Unruh's articles here.