DENVER (KDVR) — Colorado’s Supreme Court has cleared the way for voters to decide on a property tax relief measure this November.
Proposition HH would lower property tax rates for the next 10 years and backfill local government revenues with surplus tax money — that’s the money normally refunded to Coloradans as “TABOR checks” under the Taxpayer Bill of Rights.
The ballot measure was under a challenge from 12 counties and the conservative group Advance Colorado. They argued the measure addresses too many topics, in violation of the Colorado Constitution, which requires a single subject and clear title for ballot measures.
A Denver District judge rejected the challenge, and in an opinion on Monday, the state’s high court agreed. The court found that, based on precedent, neither court has jurisdiction to review whether Prop HH meets single-subject requirements “unless and until those measures have been approved by Colorado voters.”
The court said it does have jurisdiction to decide on whether Prop HH meets “clear expression” requirements in its wording. But according to the opinion, the plaintiffs did not meet a burden to establish such a violation in the first place.
The court did not give an opinion on the single-subject issue. Justice Richard L. Gabriel delivered the opinion, which can be read in full here.
Prop HH: What would it do for property taxes in Colorado?
Proposition HH aims to lower property tax rates for the next 10 years. To cover resulting revenue losses for local governments, it would also allow the state to use surplus money that would otherwise be refunded because of TABOR.
The Taxpayer Bill of Rights caps how much revenue the government can take in and refunds the surplus to Colorado taxpayers. If the property tax relief measure is approved, Proposition HH would kick a separate bill into gear: TABOR refund amounts would be flattened across the board, with each taxpayer to get a $661 check next year.
Property taxpayers in Colorado are facing double-digit increases in their home valuations — and rising property taxes because of that. Colorado Democrats rushed the property tax measure in the waning days of the legislative session, causing contention with Republicans who opposed it.