Colorado Proposition 117, Require Voter Approval of Certain New Enterprises Exempt from TABOR Initiative (2020)
Colorado Proposition 117 | |
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Election date November 3, 2020 | |
Topic Taxes | |
Status Approved | |
Type State statute | Origin Citizens |
Colorado Proposition 117, the Require Voter Approval of Certain New Enterprises Exempt from TABOR Initiative, (#295) was on the ballot in Colorado as an initiated state statute on November 3, 2020. It was approved.
A "yes" vote supported requiring statewide voter approval of new state enterprises if the enterprise's projected or actual revenue from fees and surcharges is greater than $100 million within its first five years. |
A "no" vote opposed requiring statewide voter approval of new state enterprises. |
Sponsors referred to the measure as the Vote on Fees initiative.
Election results
Colorado Proposition 117 |
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Result | Votes | Percentage | ||
1,573,114 | 52.55% | |||
No | 1,420,445 | 47.45% |
Overview
What did Proposition 117 do?
- See also: Ballot language and full text
The initiative was designed to require statewide voter approval of new state enterprises if the enterprise's projected or actual revenue from fees and surcharges is greater than $100 million within its first five years. Under the measure, revenue collected for enterprises that were created at the same time or that serve substantially the same purpose are aggregated when calculating the application of this amendment.[1]
What are enterprises?
- See also: State enterprises
Enterprises were established through the Colorado Taxpayer's Bill of Rights (TABOR) amendment of 1992. Enterprises are government-owned businesses that provide goods or services for a fee or surcharge that is paid for by the individuals or entities that are purchasing the goods or services. This is in contrast to government agencies or programs that provide goods or services that are paid for by tax revenue. Enterprise revenue does not count toward the TABOR limit. TABOR limits the amount of money the state of Colorado can take in and spend. Any money collected above the TABOR limit is refunded to taxpayers unless the voters allow the state to spend it.[2][3]
Examples of Colorado enterprises that have had enterprise status since the passage of TABOR include the state lottery, state nursing homes, Colorado Correctional Industries, and College Assist (including the student loan program and College Access Network). Enterprises that gained enterprise status after the passage of TABOR include Colorado Parks and Wildlife (the Division of Wildlife), higher education institutions (universities and colleges), statewide tolling authority, statewide bridge enterprise, and more.[3]
Who was behind the campaigns surrounding Proposition 117?
- See also: Support, Opposition, and Campaign finance
Colorado Rising State Action, a nonprofit group that described its mission as "advancing conservative principles in Colorado and holding liberals accountable," sponsored the initiative. Vote on Fees led the campaign in support of the initiative. Together, Voter Approval of Fees and Americans for Prosperity Colorado Issue Committee raised $2.17 million. The top two donors were Unite for Colorado and Americans for Prosperity. Americans for Prosperity Colorado Issue Committee also registered to support Proposition 116.[4]
Earthworks Action Fund, Protect Colorado's Recovery, and Fair Tax Colorado registered to oppose the measure. The committees reported contributions of $3.26 million. Protect Colorado's Recovery and Fair Tax Colorado also registered to oppose Proposition 116.[5]
Text of measure
Ballot title
The ballot title for Proposition 117 was as follows:
“ | Shall there be a change to the Colorado Revised Statutes requiring statewide voter approval at the next even-year election of any newly created or qualified state enterprise that is exempt from the Taxpayer’s Bill of Rights, Article X, Section 20 of the Colorado constitution, if the projected or actual combined revenue from fees and surcharges of the enterprise, and all other enterprises created within the last five years that serve primarily the same purpose, is greater than $100 million within the first five fiscal years of the creation or qualification of the new enterprise?[6] | ” |
Summary and analysis
The summary and analysis provided for this measure in the 2020 State Ballot Information Booklet are available on page 50 at this link.
Fiscal impact statement
The fiscal impact statement was as follows:[7]
“ | State and local government spending. Proposition 117 increases workload for state
agencies to estimate revenue that would be collected by proposed enterprises, since these estimates will be necessary in order to determine whether an election is required. County clerks may have additional workload or costs to the extent the measure results in more measures placed on the ballot. Indirect impacts that may result from the creation of fewer future enterprises are not estimated.[6] |
” |
Full text
The full text is as below. The underlined text was added to a new section within Article 77 of the Colorado Revised Statutes.[1]
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Readability score
- See also: Ballot measure readability scores, 2020
Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The Colorado Title Board wrote the ballot language for this measure.
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Support
Vote on Fees led the campaign in support of the initiative. Colorado Rising State Action sponsored the initiative.[8]
Supporters
Political Parties
Organizations
Arguments
Official arguments
Opposition
Opponents
Earthworks Action Fund and Protect Colorado's Recovery registered to oppose the measure.[5]
Arguments
Official arguments
Campaign finance
Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
---|---|---|---|---|---|
Support | $427,827.00 | $1,747,199.19 | $2,175,026.19 | $427,627.99 | $2,174,827.18 |
Oppose | $2,924,071.38 | $334,106.02 | $3,258,177.40 | $2,924,071.37 | $3,258,177.39 |
Ballotpedia identified two committees registered to support the initiative: Voter Approval of Fees and Americans for Prosperity Colorado Issue Committee. Together, the committees reported $2.17 million in contributions and $2.17 million in expenditures. Americans for Prosperity Colorado Issue Committee also registered to support Proposition 116.[5]
Earthworks Action Fund, Protect Colorado's Recovery, and Fair Tax Colorado registered to oppose the measure. The committees reported contributions of $3.26 million and expenditures of $3.36 million. Protect Colorado's Recovery and Fair Tax Colorado also registered to oppose Proposition 116.[5]
Support
The following table includes contribution and expenditure totals for the committees in support of the initiative.[5]
Committees in support of Proposition 117 | |||||
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Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
Voter Approval of Fees | $427,827.00 | $960,279.92 | $1,388,106.92 | $427,627.99 | $1,387,907.91 |
Americans for Prosperity Colorado Issue Committee | $0.00 | $786,919.27 | $786,919.27 | $0.00 | $786,919.27 |
Total | $427,827.00 | $1,747,199.19 | $2,175,026.19 | $427,627.99 | $2,174,827.18 |
Donors
The following were the top donors to the support committees.[5]
Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
---|---|---|---|
Americans for Prosperity | $0.00 | $786,919.27 | $786,919.27 |
Unite for Colorado | $0.00 | $626,822.05 | $626,822.05 |
Better Jobs Coalition | $250,000.00 | $0.00 | $250,000.00 |
Colorado Rising State Action | $0.00 | $178,351.93 | $178,351.93 |
Western Citizens Protecting Our Constitution | $100,000.00 | $0.00 | $100,000.00 |
Opposition
The following table includes contribution and expenditure totals for the committees in opposition to the initiative.[5]
Committees in opposition to Proposition 117 | |||||
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Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
Protect Colorado's Recovery | $2,066,002.35 | $128,145.26 | $2,194,147.61 | $2,066,002.35 | $2,194,147.61 |
Fair Tax Colorado | $793,568.03 | $205,960.76 | $999,528.79 | $793,568.03 | $999,528.79 |
Earthworks Action Fund | $64,501.00 | $0.00 | $64,501.00 | $64,500.99 | $64,500.99 |
Total | $2,924,071.38 | $334,106.02 | $3,258,177.40 | $2,924,071.37 | $3,258,177.39 |
Donors
The following were the top donors to the opposition committees.[5]
Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
---|---|---|---|
North Fund | $750,000.00 | $0.00 | $750,000.00 |
Strategic Victory Fund | $500,000.00 | $0.00 | $500,000.00 |
Colorado Fund for Children and Public Education | $200,000.00 | $0.00 | $200,000.00 |
Sixteen Thirty Fund | $200,000.00 | $0.00 | $200,000.00 |
Merle Chambers | $106,000.00 | $0.00 | $106,000.00 |
Conservation Colorado | $100,000.00 | $740.91 | $100,740.91 |
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Media editorials
- See also: 2020 ballot measure media endorsements
Support
Opposition
Background
State enterprises
Enterprises are government-owned businesses that provide goods or services for a fee paid for by the individuals or entities that are purchasing the goods or services. This is in contrast to government agencies or programs that provide goods or services that are paid for by tax revenue. Enterprises may receive a maximum of 10% of their annual revenue from state and local government sources but are otherwise financially independent from the state government and any local governments. Enterprises are required to have authority to issue bonds.[3]
Enterprises were created by the Colorado Taxpayer's Bill of Rights (TABOR) amendment of 1992. State enterprises that have existed since enterprises were originally established in 1992 include the state lottery, state nursing homes, Colorado Correctional Industries (a program for pisoners to manufacture goods for sale), and College Assist (a program that helps with higher education costs).[3]
Recently created enterprises
Senate Bill 20-215: Health Insurance Affordability Enterprise
Governor Jared Polis (D) signed Senate Bill 20-215 into law on June 30, 2020. In the state legislature, all but one Democrat supported the bill and all but two Republicans voted against the bill. The bill was created the Health Insurance Affordability Enterprise that was designed to assess and collect a fee from certain health insurers (insurer fee) beginning in 2021 in exchange for providing certain services such as increasing health plan enrollment. Fee revenue was designed to "fund measures to reduce consumer costs for individual health coverage plans." The fee was set to be 1.15% of premiums collected for nonprofit health insurance carriers and 2.1% of premiums collected for-profit carriers. The enterprise was expected to receive around $129.7 million in revenue in the first three fiscal years.[9][10]
A list of state enterprises is available here.
State enterprise revenue
From 1993 to 2018, 22 state government entities maintained enterprise status for at least one fiscal year. In the fiscal year 1993-94, the first year TABOR was in effect, enterprise revenue was $724.3 million. In 2017-18, state enterprises received $17.9 billion in revenue. In total, from 1993 to 2018, Colorado enterprises have received $150.17 billion in revenue. The following chart shows enterprise revenue from 1993 to 2018.[3]
Colorado Taxpayer's Bill of Rights (TABOR)
Enterprises were created by the Colorado Taxpayer's Bill of Rights (TABOR) amendment of 1992. Enterprise revenue is not counted toward the TABOR limit.[3]
TABOR limits the amount of money the state of Colorado can take in and spend. It limits the annual increase for some state revenue to inflation plus the percentage change in state population. Any money collected above this limit is refunded to taxpayers unless the voters allow the state to spend it.
To read about the Taxpayer's Bill of Rights, click here.
Tax policies on the ballot in 2020
- See also: Taxes on the ballot
In 2020, voters in 14 states voted on 21 ballot measures addressing tax-related policies. Ten of the measures addressed taxes on properties, three were related to income tax rates, two addressed tobacco taxes, one addressed business-related taxes, one addressed sales tax rates, one addressed fees and surcharges, and one was related to tax-increment financing (TIF).
Click Show to read details about the tax-related measures on statewide ballots in 2020.
Tax-related policy ballot measures in 2020 | |||||
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Income Tax
Business-Related Taxes
Property-Related Taxes
In Florida, Georgia, Louisiana, New Jersey, and Virginia, voters also decided eight ballot measures related to exemptions, adjustments, and payments: Florida Amendment 5, Florida Amendment 6, Referendum A, Louisiana Amendment 2, Louisiana Amendment 5, Louisiana Amendment 6, New Jersey Question 2, and Virginia Question 2. Sales Tax
Tobacco
Fees
TIF
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Path to the ballot
The state process
In Colorado, the number of signatures required to qualify an initiated state statute for the ballot is equal to 5 percent of the total number of votes cast for the office of Colorado secretary of state in the preceding general election. State law provides that petitioners have six months to collect signatures after the ballot language and title are finalized. State statutes require a completed signature petition to be filed three months and three weeks before the election at which the measure would appear on the ballot. The Constitution, however, states that the petition must be filed three months before the election at which the measure would appear. The secretary of state generally lists a date that is three months before the election as the filing deadline.
The requirements to get an initiated state statute certified for the 2020 ballot:
- Signatures: 124,632 valid signatures
- Deadline: August 3, 2020[30]
The secretary of state is responsible for signature verification. Verification is conducted through a review of petitions regarding correct form and then a 5 percent random sampling verification. If the sampling projects between 90 percent and 110 percent of required valid signatures, a full check of all signatures is required. If the sampling projects more than 110 percent of the required signatures, the initiative is certified. If less than 90 percent, the initiative fails.
Details about this initiative
- Michael Fields and Lindsey Sangers filed versions (#273-275, 294-296) of the initiative. Ballot titles were issued for versions 273-275 on March 4, 2020. Ballot titles were issued for versions 294-296 on April 1, 2020. Versions 273-275 were pending state supreme court action as of April 17, 2020.[2]
- Version #295 of the initiative was approved for signature gathering on May 8, 2020.[2]
- Proponents reported submitting more than 196,000 signatures on July 31, 2020.[31]
- The measure was certified for the ballot on August 24, 2020. Of the 196,090 signatures submitted by proponents, 138,852 were projected to be valid based on a random sample.[32]
- Changes to Colorado ballot initiative process due to COVID-19: On May 17, 2020, Colorado Governor Jared Polis (D) signed Executive Order D 2020 065, which authorized the Colorado Secretary of State to establish temporary rules allowing for ballot initiative petitions to be signed through mail and email. The order also temporarily suspended the state law requiring signatures to be submitted six months after ballot language finalization. Under the order, signatures for 2020 Colorado initiatives were due by August 3, 2020.[33] Legal challenges were filed against the order, specifically challenging the mail and email signature gathering provisions. Those provisions of the order were ultimately struck down by the Colorado Supreme Court on July 1, 2020, meaning proponents needed to collect signatures in person.[34][35] [36][37][38]
Cost of signature collection:
Sponsors of the measure hired an unknown petition gathering company to collect signatures for the petition to qualify this measure for the ballot. A total of $823,635.48 was spent to collect the 124,632 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $6.60.
How to cast a vote
- See also: Voting in Colorado
Click "Show" to learn more about voter registration, identification requirements, and poll times in Colorado.
How to cast a vote in Colorado | |||||
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Poll timesIn Colorado, polls are open from 7:00 a.m. to 7:00 p.m. local time for those who choose to vote in person rather than by mail. An individual who is in line at the time polls close must be allowed to vote.[39][40] Registration requirements
In Colorado, an individual can pre-register to vote if they are at least 15 years old. Voters must be at least 18 years old to vote in any election. A voter must be a citizen of the United States and have established residence in Colorado to vote.[41] Colorado voters can register to vote through Election Day. However, in order to automatically receive a absentee/mail-in ballot, a voter must register online, through the mail, at a voter registration agency, or driver's license examination facility at least eight days prior to Election Day. A voter that registers through a voter registration drive must submit their application no later than 22 days before the election to automatically receive an absentee/mail-in ballot. A voter can register online or submit a form in person or by fax, email, or mail.[41][42] Automatic registrationColorado automatically registers eligible individuals to vote through the Department of Motor Vehicles and certain other state agencies. Online registration
Colorado has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registrationColorado allows same-day voter registration for individuals who vote in person. Residency requirementsColorado law requires 22 days of residency in the state before a person may vote. Verification of citizenshipColorado does not require proof of citizenship for voter registration. Verifying your registrationThe site Go Vote Colorado, run by the Colorado Secretary of State office, allows residents to check their voter registration status online. Voter ID requirementsColorado requires voters to present non-photo identification when voting in person. If voting by mail for the first, a voter may also need to return a photocopy of his or her identification with his or her mail-in ballot. Click here for more information. The following list of accepted forms of identification was current as of July 2024. Click here for the most current information, sourced directly from the Office of the Colorado Secretary of State.
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See also
External links
- Colorado Secretary of State: Initiative Filings, Agendas & Results
- Colorado Ballot Information Booklet (Blue Book)
- Initiatives filed with the Legislative Council Staff
Support |
OppositionSubmit links to [email protected]. |
Footnotes
- ↑ 1.0 1.1 Colorado Secretary of State, "Initiative 295 full text," accessed September 1, 2020
- ↑ 2.0 2.1 2.2 Colorado Secretary of State, "2019-2020 Initiative Filings, Agendas & Results," accessed February 10, 2020
- ↑ 3.0 3.1 3.2 3.3 3.4 3.5 Colorado State Legislature, "May 2019 Memo regarding TABOR enterprises," accessed August 6, 2020
- ↑ Vote on Fees, "Home page," accessed August 31, 2020
- ↑ 5.0 5.1 5.2 5.3 5.4 5.5 5.6 5.7 Colorado Secretary of State TRACER, "Campaign finance committee search," accessed August 4, 2020
- ↑ 6.0 6.1 6.2 6.3 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Colorado State Legislature, "2020 Blue Book," accessed September 21, 2020
- ↑ Vote on Fees, "Home page," accessed August 31, 2020
- ↑ Colorado State Legislature, "Senate Bill 20-215," accessed September 17, 2020
- ↑ Complete Colorado, "Signatures to lower state income tax, seek voter approval for fees turned in to Secretary of State’s office," accessed September 17, 2020
- ↑ Arizona Secretary of State, "Initiative 31-2020," February 14, 2020
- ↑ Colorado Secretary of State, "2019-2020 Initiative Filings, Agendas & Results," accessed April 17, 2020
- ↑ Illinois State Legislature, "Senate Joint Resolution Constitutional Amendment 1," accessed May 2, 2019
- ↑ Illinois State Board of Elections,"Committee Search," accessed May 28, 2019
- ↑ Alaska Division of Elections, "Alaska's Fair Share Act," accessed January 13, 2020
- ↑ Anchorage Daily News, "Group says it has enough signatures to put Alaska oil tax initiative on ballot," January 14, 2020
- ↑ APOC, "Online Reports," accessed January 7, 2020
- ↑ Nebraska Secretary of State, "Initiative Petition text," accessed August 22, 2019
- ↑ California Attorney General, "Initiative 19-0008," September 17, 2019
- ↑ California the Legislative Analyst's Office, "A.G. File No. 2019-0008," February 5, 2018
- ↑ California State Legislature, "Assembly Concurrent Resolution 11," accessed May 8, 2019
- ↑ Colorado General Assembly, "SCR 20-001," accessed June 10, 2020
- ↑ Arkansas State Legislature, "House Joint Resolution 1018," accessed March 7, 2019
- ↑ UA Little Rock Public Radio, "Arkansas Governor Signs $95 Million Highway Funding Bill Into Law," accessed March 25, 2019
- ↑ Arkansas Ethics Commission, "Filings," accessed August 18, 2020
- ↑ Colorado State Legislature, "House Bill 20-1427," accessed June 15, 2020
- ↑ Oregon State Legislature, "HB 2270," accessed June 25, 2019
- ↑ Colorado Secretary of State, "2019-2020 Initiative Filings, Agendas & Results," accessed February 10, 2020
- ↑ Nebraska State Legislature, "LR14CA," accessed April 5, 2019
- ↑ On May 17, 2020, Colorado Governor Jared Polis (D) signed Executive Order D 2020 065, which temporarily suspended the state law requiring signatures to be submitted six months after ballot language finalization. Under the order, signatures for 2020 Colorado initiatives were due by August 3, 2020.
- ↑ The Center Square, "Signatures turned in for ballot initiatives on voter approval of fees, income tax cut measures," accessed July 31, 2020
- ↑ Colorado Secretary of State, "Proposed Initiative #295 (“Voter Approval Requirement for Creation of Certain Fee-Based Enterprises”) Qualifies For 2020 General Election Ballot," accessed August 24, 2020
- ↑ Colorado Governor Jared Polis, "Gov. Polis Signs Executive Orders to Protect Access to Ballot & Ensure Elections Can Proceed Safely," accessed May 18, 2020
- ↑ Colorado Concern, "Lawsuit against Polis' executive order," accessed May 19, 2020
- ↑ Denver Post, "Colorado group seeking to ban late-term abortions sues over governor’s order," accessed May 22, 2020
- ↑ Reporter Herald', "Court upholds Colorado Governor Polis’ power to change ballot initiative rules," accessed May 29, 2020
- ↑ Colorado Politics, "Colorado Supreme Court to hear challenge to Polis order on petition-gathering," accessed June 12, 2020
- ↑ Fort Morgan Times, "Colorado Supreme Court rules against Polis on signatures for ballot measures," accessed July 1, 2020
- ↑ Colorado Secretary of State, "Mail-in Ballots FAQs," accessed July 16, 2024
- ↑ Colorado Revised Statutes, "1-7-101," accessed July 16, 2024
- ↑ 41.0 41.1 Colorado Secretary of State, "Voter Registration FAQs," accessed July 16, 2024
- ↑ Colorado Secretary of State, "Go Vote Colorado," accessed July 15, 2024
- ↑ Colorado Secretary of State, "Acceptable Forms of Identification," accessed July 17, 2024
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