Colorado taxpayers may foot the bill twice if Democratic lawmakers manage to pass a resolution directing the legislature to sue the state in an attempt to invalidate the Taxpayer’s Bill of Rights.
That’s because not only will taxpayers likely be responsible for paying the lawyers hired by the legislature to bring the case, they’ll also be on the hook for the costs incurred by the Colorado Attorney General’s Office to defend against the legal challenge to TABOR, a constitutional amendment voters approved in 1992.
If House Joint Resolution 1023 passes as expected, the General Assembly’s nonpartisan Office of Legislative Legal Services would likely hire a group of attorneys to file the lawsuit. In the past, the legislature’s third-party legal bills in much smaller cases have cost taxpayers tens of thousands of dollars.
The last major lawsuit challenging TABOR, which was unsuccessful, took 10 years to litigate and cost the state hundreds of thousands of dollars before adjustments for inflation.
State Rep. Sean Camacho, a Denver Democrat and a lead sponsor of the resolution, said there’s a chance an attorney or group of lawyers may offer to represent the legislature for free given the high-profile nature of the case. There don’t appear to be rules prohibiting the General Assembly from accepting pro bono representation.
“There are probably some attorneys in town that would want to do this pro bono,” said Camacho, a lawyer. “We don’t know yet.”
While the legislature can and almost certainly will get representation from third-party lawyers, the Colorado Attorney General’s Office is charged with defending the state constitution and state law. The office employs a battalion of lawyers who would defend TABOR, work that will defer resources that could have been dedicated to other matters.
Colorado Attorney General Phil Weiser personally opposes TABOR, but has vowed to defend it as part of his pledge to uphold the rule of law. He is term-limited, however, and will leave office in early 2027.
The lawsuit would essentially force taxpayers to pay for the attack on TABOR.
One of the biggest reasons Democrats haven’t asked voters to repeal TABOR is the cost. Signature gathering alone for such an attempt would likely cost upward of $2 million. That’s a major investment given that voters have repeatedly rejected statewide ballot initiatives seeking to roll back parts of TABOR, and polling has shown the amendment remains popular.
Camacho defended the potential taxpayer burden of the lawsuit, saying it is the legislature’s job to ensure the state is following the law.
State Rep. Lorena Garcia, an Adams County Democrat and another lead sponsor of the resolution, also rejected the notion that Democrats were simply trying to get taxpayers to cover the tab so that progressive groups and donors don’t have to foot the cost of trying to overturn TABOR through the ballot box.
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HAS THIS BEEN TRIED BEFORE?
The Unaffiliated asked around and no one could remember another example of the Colorado legislature suing the state.
It has happened, however, in other parts of the country.
The Republican-controlled Arizona legislature sued in 2012 to challenge the ability of the state’s independent redistricting commission to draw congressional districts, arguing that the U.S. Constitution granted that ability only to state legislatures.
The case made its way to the U.S. Supreme Court, which rejected the legislature’s claims.
The lawsuit cost taxpayers at least $1.5 million to argue and defend. Adjusted for inflation, that amount is certainly higher. (TABOR’s effect on state finances is in the billions of dollars.)
The last major legal challenge to TABOR was launched in 2011, when then-state Rep. Andy Kerr, a Democrat, partnered with a group of current and former elected officials — some of them Republican — to challenge the amendment on similar legal grounds.
The case took a decade to wind through the courts before it was eventually dismissed in 2021 by the 10th U.S. Circuit Court of Appeals, which ruled the plaintiffs had failed to show a claim that TABOR violated Colorado’s ability to operate a republican form of government. The decision had to do with how TABOR affected the plaintiffs, which, in addition to a host of individual state lawmakers, included school districts, county commissions and special districts.
Camacho, who worked on the Kerr case pro bono as a junior attorney long before he was a lawmaker, thinks the General Assembly will have a better case.
“We have the powers that TABOR is taking away,” he said. “TABOR has been around for 30 years for a reason — because there was never the right plaintiff to actually take up the fight and get an answer on whether or not it is actually constitutional.”
He’s also hopeful that the legislature’s lawsuit will take less time to litigate since standing issues may not be the same kind of hindrance they were in the Kerr case.
Eric Olson, who was Colorado’s solicitor general under Weiser in charge of defending TABOR when the Kerr case was decided by the 10th Circuit, is skeptical the legislature’s case will succeed. First off, he thinks the General Assembly may fail to prove it has standing to sue.
“I think TABOR is terrible for Colorado, particularly as it relates to education,” said Olson, who is now in private practice and works on high-profile Democratic causes and legal issues. “But that doesn’t mean the normal rules of repealing laws we don’t like don’t apply.”
WHAT TO WATCH IN THE WEEK AHEAD
THE NARRATIVE
Senate passes a mostly partisan budget, with bipartisan changes
The state Senate on Thursday sent the $43.9 billion state budget package to the House with bipartisan support — but just barely.
Keeping with legislative tradition, Republican Joint Budget Committee member Sen. Barbara Kirkmeyer voted in favor of the budget package and almost all of the companion legislation needed to balance it. But none of her GOP colleagues joined her in the 22-11 vote to approve the main budget legislation, Senate Bill 206, also known as the long bill.
The floor amendments were another matter.
Republicans led the charge on altering the main budget legislation sponsoring six of the 10 amendments that ultimately passed the Democratic-led chamber. (They also proposed dozens of others that failed.)
The successful amendments added up to nearly $21 million in changes for the $17 billion general fund — 0.12% of the state’s operating budget.
Here are some trends that caught our eye:
Lawmakers tried to increase funding for health care across several amendments.
They laid the groundwork to draw down more federal money.
Lawmakers tried to send some messages.
From here, the budget package heads to the House, where the Appropriations Committee will strip it of the Senate changes to give the lower chamber a clean slate to offer amendments of its own.
The six-member Joint Budget Committee serves as the conference committee to rebalance the budget after the two chambers weigh in.
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THE POLITICAL TICKER
ELECTION 2026
Colorado Attorney General Phil Weiser’s 2026 gubernatorial campaign says it raised more than $1.9 million from over 5,000 donors in the first three months of the year.
“I’m excited by the strong support we continue to receive from Coloradans responding to our message,” Weiser said in a written statement.
Check out Weiser’s latest list of endorsers here.
COLORADO LEGISLATURE
Democrat Chris VanDijk of Commerce City has launched a 2026 campaign to represent House District 32.
The seat is currently occupied by state Rep. Manny Rutinel, a Commerce City Democrat who is running for Congress next year.
VanDijk is an Adams County firefighter and union spokesman. He formerly worked as a screenwriter and actor.
Meanwhile, Gena Ozols, a longtime Democratic activist, has filed to run next year in House District 3. The seat is currently occupied by term-limited state Rep. Meg Froelich of Englewood.
Ozols has worked at NARAL Pro-Choice Colorado, the Colorado Organization for Latina Opportunity and Reproductive Rights and the Colorado Labor Electoral Action Project.
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THIS WEEK’S PODCAST: What Colorado lawmakers cut to close a $1.2B budget gap
CONGRESS
Checking in with Brittany Pettersen after her big week
U.S. Rep. Brittany Pettersen’s push to get permission for new parents in Congress to vote by proxy ground Washington, D.C., to a halt this week after a handful of Republicans sided with her in defiance of House Speaker Mike Johnson.
Johnson, a Louisiana Republican, canceled House work after his failed attempt to stop the proxy voting bill from Pettersen and Republican U.S. Rep. Anna Paulina Luna of Florida. Luna and Pettersen used a maneuver known as a discharge petition to force a vote on the bill Tuesday.
Donald Trump now appears to agree with Pettersen that proxy voting should be allowed.
We caught up with Pettersen on Thursday evening, where she was back in Colorado with her newborn, Sam, and her older son, Davis. At times during the interview, Pettersen was talking to Davis, which are in italics.
The following has been edited for clarity and length.
The Unaffiliated: Can you reflect on the week you’ve had? Were you surprised about how it unfolded?
Brittany Pettersen: It continues to be a wild ride. Don’t step on the groceries. I was nervous that we were going to be able to hold everybody together to vote against all of the tricks that the speaker tried to pull out at the last minute. I’m grateful for my colleagues across the aisle who stood by us. It was pretty unprecedented. But it’s quite unprecedented the opposition the speaker has to this and the lengths that the speaker is going to kill this and the tactics that he’s using. Buddy.
Unaffiliated: Do you think this is about something bigger than just proxy voting for Mike Johnson? Do you think there is a broader motive that he has?
Pettersen: I think that it’s about trying to keep control of the House floor and the agenda and trying to keep his members in line. I think the greatest threat is when members start realizing their own power and what happens when we actually come together on issues. You start to see leadership’s power dissolve. But it’s also just the defenders of the status quo and people who are so unwilling to adjust to changing times to meet the needs of people who are oftentimes unrepresented at the U.S. Capitol.
Unaffiliated: It was reported that you said “don’t f— with moms” to Johnson. Can you confirm that? And what was his reaction — his face — when you said that?
Pettersen: I actually didn’t say it to his face. I said it when we walked out of the Capitol. There’s only been five discharge petitions in 25 years that have ever gotten enough signatures. So it’s very rare. It’s a big deal. Nobody fights harder than a mom. We’re not going to back down when it comes to the health and well-being of our kids. We’re going to change systems so more of us are represented at the U.S. Capitol.
PETTERSEN FOR SENATE?
With U.S. Sen. Michael Bennet, D-Colorado, expected to announce his candidacy for governor in the coming days, conjecture is running wild about who might be appointed to replace him in the Senate should he win.
Bennet is expected to remain in Congress while he runs. If he wins the gubernatorial race, he’d get to hand pick his replacement to serve out his Senate term, which ends in early 2029.
Pettersen is high up on the replacement list as Colorado has never had a woman representing the state in the Senate.
“I’m honored to have people calling me and that have me in the consideration,” she told The Unaffiliated. “So oftentimes women are overlooked and underestimated.”
Also high up on the list is U.S. Rep. Joe Neguse, D-Lafayette. He would be Colorado’s first Black senator.
THE BIGGER PICTURE
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