DENVER — With one month to go in this year's legislative session, Colorado lawmakers are considering a resolution to challenge the Taxpayer's Bill of Rights (TABOR) in court.
TABOR has been part of Colorado’s constitution for more than 30 years, having been approved by voters in 1992.
But its days could be numbered.
State Rep. Sean Camacho, D-Denver, is one of the prime sponsors of HJR25-1023. The two-page resolution directs the legal arm of the legislature to hire an attorney to file a lawsuit in state court on behalf of the general assembly to determine if TABOR is constitutional under the U.S. Constitution.
“I'm introducing it because I think all of my colleagues really do have a vested interest in following the law, and that's what this resolution is all about,” said Camacho.
He said the lawsuit would center on two points.
In 1875, Congress passed the Enabling Act of Colorado, requiring the territory of Colorado to adopt a republican form of government, in which citizens would elect representatives to make laws on their behalf.
In addition, Article IV Section 4 of the U.S. Constitution said, "The United States shall guarantee to every State in this Union a Republican Form of Government."
State Sen. Barbara Kirkmeyer, R-Brighton, who also serves on the Joint Budget Committee, says TABOR is not the problem. She says overspending is the problem. #coleg #copolitics @DenverChannel pic.twitter.com/CzlsPCgMk6
— Brandon Richard (@BrandonLRichard) April 3, 2025
The sponsors of the resolution believe TABOR “removed fundamental legislative authority and power” from the general assembly by limiting how much money it can spend and keep each year. In doing so, they believe TABOR “deprived the state of a republican form of government.”
"I think we all deserve a republican form of government, and what that means is what this lawsuit is all about,” said Camacho.
It comes as lawmakers grapple with $1.2 billion in cuts they must make to next year’s state budget.
Camacho said the challenge to TABOR has nothing to do with the policy reasons behind it, despite many Democrats and progressives having been firmly opposed to it for years.
“We all want efficient government. We all want a government that's responsive to the people,” said Camacho. “We just need to make sure we're doing it in the right way.”
State Rep. Rick Taggart, R-Grand Junction, doesn’t buy it.
“To challenge the constitutionality of it 33 years later, seems a little bit on the absurd side,” said Taggart.
TABOR has been good for Colorado and is a way for citizens to hold lawmakers accountable.
"They have told us you are to manage your budget, you are to live within your means,” said Taggart. “And that was a clear directive in 1992 and it's a clear directive today.”
He says the resolution, which would not require the governor’s signature, is just the latest attempt in a long list of many to get rid of TABOR.
“And in every case, the voters of this state have come back and said, no, TABOR is the law, it's part of our constitution, and we want it to remain,” Taggart said.
The resolution is set for its first legislative hearing on Monday.
“I'm expecting a robust debate,” said Camacho.
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