DENVER — A state law seeking more transparency in ballot measures that raise or lower taxes has earned a legal challenge in Denver District Court.
Advance Colorado Institute filed the lawsuit Monday challenging House Bill 21-1321, which added requirements to the language in a ballot measure's title.
Other plaintiffs in the lawsuit include former U.S. Sen. Hank Brown, R-Denver, Logan County Commissioner Jerry Sonnenberg, Mesa County Commissioner Cody Davis, El Paso County Commissioner Carrie Geitner, and Englewood City Councilman Steven Ward. The plaintiffs are represented by former U.S. Attorney Troy Eid.
HB 1321 required measures that reduce state tax revenue through a tax change to include specific language, spelled out in the law: "Shall there be a reduction to [a tax] by [a percentage], thereby reducing state revenue." The ballot title could identify up to the three largest program expenditures that would be affected by the change. Similar language is required for measures that deal with property taxes.
The lawsuit, which names Gov. Jared Polis and Secretary of State Jena Griswold as defendants, refers to the change as "poison pill language" and violates the plaintiffs “First Amendment right to present their message undiluted by views they [do] not share.”
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