Ballot measure 1A would allow Colorado's Jefferson County to keep $30 million in tax revenue it knowingly overcollected
For the third time in five years, Jefferson County is asking voters to permanently remove caps that limit how much tax revenue the Colorado county can keep and spend, including a new cap just put in place by the state legislature two months ago.
"We would be the first in Colorado to have no cap, and they're trying to say it's not a tax increase," says Natalie Menten, who is leading the "No on 1A" effort.
While Jeffco says 1A is a "revenue retention" measure to fund infrastructure and public safety, Menten says, not only would taxpayers forfeit all future refunds from the county, but $30.5 million in property tax revenue from 2023 that Jeffco deliberately overcollected.
"They took our money. They're holding it, earning interest on it, knowing people are hurting. And they want to just continue that."
The county knew last year's property tax revenue would come in over the state cap of 5.5%.
Under state law, it should have lowered its mill levy to account for that. It didn't. Menten filed an open records request and discovered the Colorado Department of Local Affairs repeatedly warned the county to lower its mill levy, even sending it a notice of non-compliance. Jeffco responded that -- unlike other counties -- it overcollects property taxes and then issues refund checks. It told the state the checks would likely be mailed out in August or September. But county commissioners decided instead to send them out after the election. If 1A passes, they get to keep the money along with all future refunds.
"So they've ignored the law, kept our money, and are now holding it hostage in hopes they can slide 1A past voters with deceptive language," says Menten. "Then they'll just keep it. And they'll keep it forever."
It was the final straw for Menten, who is now running for county commission.
"I've watched the county for years and this kind of disrespect for the taxpayers is present more than in just this one year," she said.
Jefferson County released a statement saying: "The county is within the timeline established by state statute to issue property tax refunds. Waiting until after the election ensured that the county in no way influenced the results of the election."
Last spring, Jeffco spent $300,000 on a consultant to convince taxpayers to pass 1A.
Jefferson County is hardly the only local government with a tax measure on the ballot. Denver and many other Colorado municipalities have affordable housing tax questions, Denver Health is asking for a sales tax increase, RTD wants voters to let it keep all of its sales tax revenue in coming years, and several fire departments and schools have also referred tax measures to the ballot.