Thursday, October 26, 2023

Vote on the Ballot Measures!

Only 7 ballot measures on the ballot this year, but Prop HH at the state level is particularly worthy of your attention. At the local level, your vote counts more so make sure that you vote your whole ballot. A new feature on your ballot will be ranked choice voting for mayor.

In odd years only finance measures can be on the state ballot. Most of the local and state ballot measures involve dedicated taxes which are often designed for maximum appeal – Let’s support “rainbows and puppies.” Meanwhile the rest of the government functions are funded with non-dedicated taxes.

Rather than weigh in on whether or not you should vote for a tax or associated debt question, most, but not all, of the finance measures just have the TAX recommendation similar to last year. This site does give you some things to consider for each of those measures though.

Each of the 7 ballot measures has its own post if you’d like more information or if you would like to make a comment on a specific ballot measure. Please limit comments on this introductory post to general comments about the process or the election.

In general, the further down the ballot you go, the more influence you have! Please research the issues and candidates and vote the entire ballot. Encourage your family, friends, neighbors, colleagues and anyone else eligible to vote to do likewise.

At the bottom of this blog entry are other ballot measure websites as well as a link to the Boulder County Clerk’s website. The links will be updated as more information becomes available.

Since ballots were mailed out beginning October 16, check with your county clerk or go to a Voter Service and Polling Center (VSPC) to figure out the best way to get your ballot if you are registering or updating your address now. Remember that in Colorado you can register and vote as late as Election Day, Tuesday, November 7th.

Most people vote in one of 3 ways:
1) Drop off your ballot at any Colorado VSPC or ballot drop box. The VSPC and drop box don’t have to be in the county where you vote. For instance, if you work in a different county, you can drop off the ballot at a VSPC or ballot box in the county you work in.
2) Mail your ballot with appropriate postage and allow for adequate delivery time to arrive at the election office by 7pm on Election Day. The postmark doesn’t matter in Colorado! Little-known fact: If you mail your ballot in Colorado without postage, it will still be delivered.
3) In person at one of your county’s Voter Service and Polling Centers


VOCABULARY

Amendment = Constitutional change

Proposition = Statutory change
Propositions can be modified later by the Colorado General Assembly.


State Initiatives - denoted by numbers
Electors signed petitions to put these on the ballot.

State Referenda - denoted by letters
The General Assembly put these on the ballot.


Ballot Issues = Tax or debt measures
Ballot Questions = Others


2023 BALLOT MEASURES

STATE OF COLORADO

Proposition HH
Reduce Property Taxes and Retain State Revenue
Reduce the increase in property taxes and allow CO to retain revenue that TABOR would otherwise require refunding in order to backfill some of the reduced revenue to local governments
TAX

Proposition II
Retain Nicotine Tax Revenue in Excess of Blue Book Estimate
Allow CO to retain tax revenue in excess of Prop EE estimates that TABOR otherwise requires be refunded to tobacco wholesalers and distributors
YES/FOR


COUNTY OF BOULDER

County of Boulder Issue 1A
Extension of the Expiring 0.05% Portion of the 2004 Open Space Sales and Use Tax
Continue for 15 years the half of a sales and use tax for open space that 2004 voters did not make permanent
TAX

County of Boulder Issue 1B
Sales and Use Tax Extension and Reallocation to Attainable Housing
Extend for 15 years a 0.185% sales and use tax approved in 2018 for the Boulder County Jail and repurpose it for affordable and attainable housing
TAX


CITY OF BOULDER

City of Boulder Issue 2A
Sales and Use Tax Extension and Reallocation
Beginning in 2025, extend for 20 years a current 0.15% sales and use tax for the general fund but reallocate half for arts and culture
AGAINST THE MEASURE

City of Boulder Issue 2B
Elections Administrative Charter Changes
Change candidate and issue petition rules to give the city clerk more time to process petitions and to clarify that state law governs the process for charter amendments
For the Measure

City of Boulder Question 302
Prioritize Removal of Prohibited Items on Certain City Properties
Amend city code to prioritize removal of prohibited items on city property near schools, sidewalks and multi-use paths
Leaning for the measure


ELECTION ADMINISTRATION SITES

Colorado Secretary of State – Go Vote Colorado page http://govotecolorado.gov

Boulder County Clerk and Recorder
303 413 7740
https://www.bouldercounty.org/elections/
Look up your voter registration, see a sample ballot, check your ballot status, and find the county Voter Service and Polling Center locations.


GOVERNMENT SITES

Blue Book / Folleto Informativo (Colorado Legislative Council)
https://leg.colorado.gov/content/initiatives/initiatives-blue-book-overview/ballot-information-booklet-blue-book
The real name of the Blue Book is the 2023 State Ballot Information Booklet – available in English and Spanish.
State Ballot Analysis - https://leg.colorado.gov/BallotAnalysis

County of Boulder
https://bouldercounty.gov/government/2023-county-ballot-issues/
TABOR Notice - https://assets.bouldercounty.gov/wp-content/uploads/2023/10/2023-Boulder-County-TABOR-Notice.pdf

City of Boulder
https://bouldercolorado.gov/elections
TABOR Notice - https://assets.bouldercounty.gov/wp-content/uploads/2023/10/2023-Boulder-County-TABOR-Notice.pdf


Tuesday, October 24, 2023

Proposition HH - Reduce Property Taxes and Retain State Revenue

Property taxes typically rise and fall with home values, but in Colorado the Gallagher Amendment put an artificial limit on property taxes. Voters repealed Gallagher in 2020 (Amendment B), ending the requirement that the legislature “periodically change the residential assessment rate in order to maintain the statewide proportion of residential property as compared to all other taxable property valued for property tax purchases.” As a result, we are now seeing a big increase in our property taxes.

Local governments (e.g., city, county, and school districts) – not the state – collect property taxes. Meanwhile, the state has been collecting more in taxes than the voter-approved limit, so TABOR requires the government to refund the “surplus” money.

Prop HH is a vehicle for reducing property taxes below what the taxes would be without Prop HH (though taxes will still be higher) and backfilling local budgets with money from the state’s surplus.

Prop HH also asks voters to increase the voter-approved state revenue limit above the 1992 TABOR and 2005 Ref C caps by one percentage point per year through state budget year 2031-32, meaning the state can keep more “surplus” revenue and the likelihood of taxpayers getting future refunds will decrease over time. Prop HH would let the state retain all surplus revenue through the 2031-32 budget year so voters would not get any state refund during that time. Many cities, including Boulder, have done this permanently; it’s often referred to as de-Brucing.

The state legislature may choose to continue increasing the voter-approved revenue limit by 1% each year beyond the 2031-32 budget year as long as the property tax relief in Prop HH is maintained.

The impact of the property tax help varies considerably, depending on the value of a person’s home, whether the property is a first or second home, whether a person is a renter or property owner, and whether a person aged 65 or older who qualifies for the senior exemption wants to purchase a new home.

School districts would be the primary recipient of any retained state surplus money. The allocation is
*up to 20% to backfill eligible, non-school district, local governments -- Prop HH is expected to decrease overall revenue to local governments
*up to $20 million for rental assistance
*remainder for school districts and education programs

Prop HH limits annual property tax revenue growth for local districts to the rate of inflation, except that this limit does not apply to school districts and any voter-approved taxes. Local governments can override the tax limit by the district’s governing board conducting a public hearing and signing off on the increase.

Recommendation: TAX

Like so many other ballot measures about taxes, if CO had not passed TABOR, then you would not be seeing this ballot measure. This measure is an attempt to work around the constitutional constraints of TABOR.

Prop HH is framed as a statutory change so the legislature can make some tweaks to the measure if it passes and needs a course correction, though TABOR forbids the legislature from mandating any tax increases or increased revenue retention not specifically in Prop HH.

The 1 percentage point increase per year in the voter-approved limit of state tax collection is a main anti-TABOR aspect of this measure.

If the state’s economy tanks and there is no surplus state money, then local and state government budgets will be on their own and forced to make painful cuts. Not surprisingly, Colorado Counties, Inc, and the CO Municipal League are opposed to Prop HH, while Great Education Colorado and the CO Education Association are supporters.

Website for the Yes side
https://www.yesonhh.org/

Website for the No side
https://rejecthh.com/


Approved Ballot Language
Proposition HH (STATUTORY)

Shall the state reduce property taxes for homes and businesses, including expanding property tax relief for seniors, and backfill counties, water districts, fire districts, ambulance and hospital districts, and other local governments and fund school districts by using a portion of the state surplus up to the proposition HH cap as defined in this measure?

YES/FOR ___
NO/AGAINST ___

SB23-303 to refer Proposition HH to the voters
https://leg.colorado.gov/sites/default/files/2023a_303_signed.pdf

Sunday, October 22, 2023

Proposition II - Retain Nicotine Tax Revenue in Excess of Blue Book Estimate

In 2020 voters approved Prop EE to increase taxes on nicotine and tobacco products by taxing wholesalers and distributers. The Blue Book’s estimate of tax revenue turned out to be lower than the actual taxes collected. In such a case, TABOR requires that, “except by later voter approval, … the tax increase is thereafter reduced up to 100% in proportion to the combined dollar excess, and the combined excess revenue refunded in the next fiscal year.”

Prop II is asking for the “later voter approval” to maintain the tax rate approved in Prop EE and to allow the state to retain the excess revenue already collected and all excess revenue going forward.

A main aim of Prop EE funding was to “enhance the voluntary Colorado Preschool Program and make it widely available for free.” Passage of Prop II would further that objective with continued funding.

Recommendation: YES/FOR

We’ve been down this road before. In 2015 Prop BB asked voters to “de-Bruce” -- in this case, retain Prop AA revenue in excess of the Blue Book estimate for marijuana taxes. Colorado is the only state with TABOR.

If this measure fails, the tobacco wholesalers and distributors who would receive the tax refund come out way ahead because they’ve already passed on the taxes to their customers in higher prices. What guarantee do we have that the tobacco and nicotine companies will proportionally reduce their prices in the future if Prop II fails? If anyone should be getting a tax refund, perhaps it should be the tobacco and nicotine customers who couldn’t pass on the higher taxes to anyone else.

Passage of this measure would be a financial win for Gov Polis’ efforts to provide free preschool in Colorado.

Website for the Yes side
https://www.preschoolforallcoloradans.com/

Website for the No side
No known website – Info on an opponents’ website appreciated.


Approved Ballot Language
Proposition II (STATUTORY)

Without raising taxes, may the state retain and spend revenues from taxes on cigarettes, tobacco, and other nicotine products and maintain tax rates on cigarettes, tobacco, and other nicotine products and use these revenues to invest twenty-three million six hundred fifty thousand dollars to enhance the voluntary Colorado preschool program and make it widely available for free instead of reducing these tax rates and refunding revenues to cigarette wholesalers, tobacco product distributors, nicotine products distributors, and other taxpayers, for exceeding an estimate included in the ballot information booklet for proposition EE?

YES/FOR ___
NO/AGAINST ___

HB23-1290 to refer Proposition II to the voters
https://leg.colorado.gov/sites/default/files/2023a_1290_signed.pdf

Saturday, October 21, 2023

County of Boulder 1A - Extension of the Expiring 0.05% Portion of the 2004 Open Space Sales and Use Tax

Boulder County’s open space sales and use taxes have experienced quite a bit of movement over the years. Consider the following voter actions on open space sales and use taxes:

2004 – Voters approve a new 0.10% tax
half (0.05%) permanent -- for maintenance
half (0.05%) expiring end of 2024

2007 – Voters extend a 0.10% tax for 20 years

2009 – Voters reject a 15-yr tax extension of 0.25% tax. This tax was first approved by voters in 1993 and extended in 1999 through 2019.

2010 – Voters approve a new 0.15% tax expiring end of 2030

2016 – Voters approve extending 0.25% tax through 2034
half (0.125%) to continue going to open space
half (0.125%) for sustainability

Of the 1.185% county sales and use tax, 0.475% is dedicated to open space. County commissioners are asking voters to renew the temporary part (0.05%) of the 2004 tax for 15 more years.

Recommendation: TAX

Back in 2016, this site posted the following comment: “We just passed a brand-new open space sales tax in 2010 and were told by proponents that Boulder County had purchased almost everything it ever expected to purchase. I wondered then if 2010 would be the year of the last open space ballot issue – evidently not.”

Website for the Yes side
No known website – Info on an opponents’ website appreciated.

Website for the No side
No known website – Info on an opponents’ website appreciated.


Approved Ballot Language
Boulder County Ballot Issue 1A
OPEN SPACE SALES AND USE TAX EXTENSION AND REVENUE CHANGE

WITH NO INCREASE IN ANY COUNTY TAX, SHALL THE COUNTY'S EXISTING 0.05% OPEN SPACE SALES AND USE TAX BE EXTENDED FOR FIFTEEN (15) YEARS FOR THE PURPOSES OF ACQUIRING, IMPROVING, MANAGING, AND MAINTAINING OPEN SPACE LANDS AND OTHER OPEN SPACE PROPERTY INTERESTS; AND SHALL THE REVENUES AND THE EARNINGS ON THE INVESTMENT OF THE PROCEEDS OF SUCH TAX CONSTITUTE A VOTER-APPROVED REVENUE CHANGE; ALL IN ACCORDANCE WITH BOARD OF COUNTY COMMISSIONERS' RESOLUTION NO. 2023-068?

YES/FOR ___
NO/AGAINST ___

Resolution No. 2023-068 to refer Issue 1A to the voters
https://assets.bouldercounty.gov/wp-content/uploads/2023/08/Reso-23-068-Open-Space-tax-extension-proposal-signed.pdf

Friday, October 20, 2023

County of Boulder 1B - Sales and Use Tax Extension and Reallocation to Attainable Housing

In 2014, following the 2013 flood, voters approved a new 5-year 0.185% sales and use tax for flood recovery. In 2018 voters approved extending the tax for five years to pay for an Alternative Sentencing Facility for the Boulder County Jail. This year the county commissioners are asking to extend the tax for 15 years to go toward affordable and attainable housing. The current tax is expiring at the end of 2024 so if this extension doesn’t pass, the county can try again next year.

The county’s “Affordable Housing in Boulder County” fact sheet explains the impact of reduced rent. County commissioners planned to use a big chunk of the Worthy Cause sales tax, extended for 15 years by voters in 2017, for affordable housing. Now the county is asking for a separate dedicated tax for affordable housing. Meanwhile, the city of Boulder is piloting a guaranteed income pilot project to give 200 low-income households $500/month, no strings attached.

Recommendation: TAX

This feels like a case of the county commissioners combining “Oh! A tax is expiring. What would people support enough that they would vote to extend the tax? And can we extend it for 15 years instead of 5?” and “Let’s throw money at the housing affordability problem.” An arguably better option would be to make structural changes (rent control, inclusionary housing, living wages, eliminating requirements for developers to provide parking, etc) to address the housing crisis.

The city of Boulder has the highest housing costs in the county and the demand for housing is fairly inelastic. Housing in the rest of the county is not particularly cheap either. Reducing the effective cost of housing for a limited number of people through subsidies will help those individuals but is probably not going to have as much long-term effect as making structural changes.

Website for the Yes side
No known website – Info on an opponents’ website appreciated.
Information on Boulder’s guaranteed income program https://bouldercolorado.gov/news/city-boulder-partners-community-foundation-support-elevate-boulder-guaranteed-income-pilot#:~:text=Details&text=The%20Elevate%20Boulder%20pilot%20will,two%20years%2C%20no%20strings%20attached.

Website for the No side
No known website – Info on an opponents’ website appreciated.


Approved Ballot Language
Boulder County Ballot Issue 1B
AFFORDABLE AND ATTAINABLE SALES AND USE TAX EXTENSION AND REVENUE CHANGE

WITH NO INCREASE IN ANY COUNTY TAX, SHALL THE COUNTY'S EXISTING 0.185% SALES AND USE TAX APPROVED IN 2018 PURSUANT TO RESOLUTION NO. 2018-76 BE EXTENDED FOR FIFTEEN (15) YEARS FOR THE PURPOSES OF FUNDING AFFORDABLE AND ATTAINABLE HOUSING AND RELATED SUPPORT SERVICES WITHIN BOULDER COUNTY, INCLUDING BUT NOT LIMITED TO: THE COSTS OF DEVELOPMENT, OPERATION, ACQUISITION, PRESERVATION, RENOVATION, MAINTENANCE AND CONSTRUCTION OF FOR-SALE AND RENTAL HOMES FOR LOW AND MODERATE INCOME HOUSEHOLDS AND LOCAL WORKFORCE; SUPPORTIVE HOUSING; SERVICES THAT SUPPORT HOUSING STABILITY; GRANTS TO HOUSING AUTHORITIES, NONPROFIT AFFORDABLE HOUSING PROVIDERS, AND LOCAL MUNICIPALITIES; AND SHALL THE REVENUES AND THE EARNINGS ON THE INVESTMENT OF THE PROCEEDS OF SUCH TAX CONSTITUTE A VOTER APPROVED REVENUE CHANGE; ALL IN ACCORDANCE WITH BOARD OF COUNTY COMMISSIONERS' RESOLUTION NO. 2023-070?

YES/FOR ___
NO/AGAINST ___

Resolution No. 2023-070 to refer Issue 1B to the voters
https://assets.bouldercounty.gov/wp-content/uploads/2023/08/Resolution-2023-070-Affordable-Housing-Proposal-signed.pdf
“Affordable Housing in Boulder County” Fact Sheet
https://assets.bouldercounty.gov/wp-content/uploads/2023/08/Affordable-Housing-in-Boulder-County-One-Pager-English.pdf

Wednesday, October 18, 2023

City of Boulder 2A - Sales and Use Tax Extension and Reallocation

The city of Boulder has a budget. Revenue goes in the general fund unless the revenue is dedicated for a specific purpose such as open space. City council has flexibility to spend general fund money according to the city’s current needs and priorities. The more revenue that goes into dedicated funds, the more handcuffed city council is when trying to budget for fire and emergency response services, public safety services, human services, homelessness solutions and services, parks, and other general fund purposes.

Some of Boulder’s sales and use taxes are permanent and others sunset. A 0.15% sales and use tax for the general fund is due to expire at the end of 2024. Arts supporters circulated an initiative petition to ask voters to extend the tax but repurpose it for arts and culture. Meanwhile, the city council wanted a simple extension with all the revenue continuing to go to the general fund. The two groups compromised with arts getting 50% and the general fund getting 50%.

If this tax extension passes, Boulder may have to find alternative sources of funding to keep non-arts city services funded at the current level. The proponents argue that the city can afford to put half the tax revenue into arts since the city is no longer paying for a library. Note that voters are still paying for a library through higher property taxes –- money that previously was part of this sales and use tax. The TABOR language in this ballot question is “Without raising additional taxes,” but taxpayers would effectively pay more in taxes.

If this tax extension fails, expect to see a tax extension on next year’s ballot, maybe with all the revenue going to the general fund.

Recommendation: AGAINST THE MEASURE

Dedicated taxes are problematic. Boulder should have a very good reason for a dedicated tax. The library was consistently getting short shrifted in the budget so voters approved creating a library district. (Note that “libraries” is no longer listed in the ballot language’s general fund purposes.) Boulder’s open space is a core part of Boulder’s identity and also gets substantial dedicated tax revenue. Arts and culture get some funding from the city, but arts and culture do not merit a dedicated tax.

A cleaner, more honest option would have been to put two questions on the ballot:
*one to collect 0.075% sales and use tax for general fund purposes and
*one to collect 0.075% sales and use tax for arts and culture
That would be true direct democracy. The county took this very tactic in 2016 with its 1B and 1C ballot measures.

Website for the Yes side
https://2aforall.com/

Website for the No side
No known website – Info on an opponents’ website appreciated.
2½-minute argument in opposition: https://tinyurl.com/NoOn2ABoulder
Former council member Mary Young’s guest opinion: https://tinyurl.com/yzper79m


Approved Ballot Language
City of Boulder Ballot Question 2A
CITY SALES USE AND TAX EXTENSION (TABOR)

WITHOUT RAISING ADDITIONAL TAXES, SHALL THE EXISTING 0.15 CENT CITY SALES AND USE TAX FOR GENERAL FUND PURPOSES, APPROVED BY THE VOTERS BY ORDINANCE 7300, BE EXTENDED BEYOND THE CURRENT EXPIRATION DATE OF DECEMBER 31, 2024, UNTIL DECEMBER 31, 2044, WITH THE REVENUE FROM SUCH TAX EXTENSION AND ALL EARNINGS THEREON BE USED TO FUND SERVICES AND PROJECTS AS FOLLOWS:
· 50% FOR FIRE AND EMERGENCY RESPONSE SERVICES, PUBLIC SAFETY SERVICES, HUMAN SERVICES, HOMELESSNESS SOLUTIONS AND SERVICES, PARKS, AND OTHER GENERAL FUND PURPOSES;
· 50% FOR ARTS, CULTURE, AND HERITAGE PURPOSES; INCLUDING DIRECT AND GRANT FUNDING FOR ARTS AND CULTURE NONPROFITS, PROFESSIONAL ARTISTS, ARTS EDUCATION, VENUES AND WORKSPACES, PUBLIC ART, AND MULTI-CULTURAL PROGRAMS;
AND IN CONNECTION THEREWITH SHALL ANY EARNINGS FROM THE REVENUES FROM SUCH TAX EXTENSION CONSTITUTE A VOTER APPROVED REVENUE CHANGE AND AN EXCEPTION TO THE REVENUE AND SPENDING LIMITS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION?

For the Measure ___
Against the Measure ___

Ordinance 8591 to refer Question 2A to the ballot
https://documents.bouldercolorado.gov/WebLink/DocView.aspx?id=182490&dbid=0&repo=LF8PROD2&_ga=2.168124513.1348057877.1697325494-181246305.1661276300&cr=1

City of Boulder 2B - Elections Administrative Charter Changes

The ballot language refers to this question as a “charter cleanup” but except for changing Section 37 to clarify that state law governs the process for charter amendments, the rest of the amendments are better described as “changes” than “cleanup.”

Currently, candidates for city council and mayor have to collect between 25 and 35 signatures with the signers required to show up in person to sign the candidate petition at the Municipal Building. The proposed change to Sections 27 of the city charter would allow candidates to take their petition offsite to collect signatures. If candidates want to continue having signing parties at the Municipal Building to fill in the petition in a single swoop, they could still do so.

The other three changes all have to do with giving the city clerk at least 5 more days to verify signatures on citizen initiative (Sec 39), referendum (Sec 46) and recall (Sec 57) petitions.

Recommendation: For the Measure

Because petition deadlines are in the charter, changing them requires approval of the electorate. Giving the clerk a few more days to process petitions will make the clerk happy and probably have little or no effect on the petitioners.

The main value of this charter change is to clarify the process for charter amendments. The City Attorney’s Office has been criticized for giving incorrect guidance on citizen initiatives – see the 2021 Bedrooms Are for People campaign. https://www.denverpost.com/2020/08/10/boulder-bedrooms-ballot-occupancy-limits/

City council has also been criticized for asking voters for a charter change regarding elections and then asking voters in an election soon after to correct a problem with that charter change – see 2021 City of Boulder Question 2L.

Website for the Yes side
No known website – Info on a proponents’ website appreciated.

Website for the No side
No known website – Info on an opponents’ website appreciated.


Approved Ballot Language
City of Boulder Ballot Question 2B
Elections Administrative Charter Cleanup

Shall Sections 27, 37, 39, 46, and 57 of the city Charter be amended pursuant to Ordinance 8587 to:
· remove the requirement that signers to petitions appear personally before the city clerk;
· clarify that state law governs the process for charter amendments;
· change the timing provisions of filing a petition to 160 days before an election instead of 150 days;
· change the number of days that the city clerk has to approve a petition to 15 days from 10 days; and
· change the number of days that the city clerk has to verify petition signatures from 10 to 15?

For the Measure ___
Against the Measure ___

Ordinance 8587 to refer Question 2B to the ballot
https://documents.bouldercolorado.gov/WebLink/DocView.aspx?id=182522&dbid=0&repo=LF8PROD2&_ga=2.88416603.1348057877.1697325494-181246305.1661276300&cr=1