Colorado Motor Vehicle, Income, and Telecom Taxes, Proposition 101 (2010)

## Contents

* 1 Election results
* 2 Text of measure
* 3 Support
* 3.1 Arguments
* 3.2 Donors
* 4 Opposition
* 4.1 Arguments
* 4.2 Donors
* 4.3 Campaign advertising
* 4.4 Tactics and strategies
* 5 Other perspectives
* 6 Policy analysis
* 6.1 The Bell Policy Center
* 6.2 Colorado Municipal League
* 6.3 Colorado Legislative Council
* 7 Media editorial positions
* 7.1 Opposition
* 8 Polls
* 9 Campaign contributions challenged
* 9.1 Campaign finance hearing
* 9.1.1 Douglas Bruce tied to measures
* 9.1.2 State files contempt motion
* 9.2 Filing with State Court of Appeals
* 9.3 Complaint filed
* 10 Voter guide controversy
* 11 Path to the ballot
* 11.1 Signature summary
* 11.2 Signature challenge
* 12 See also
* 12.1 Related measures
* 12.2 Articles
* 13 External links
* 13.1 Campaign links
* 14 Additional reading
* 14.1 Local response & impact
* 14.2 Editorials
* 15 Footnotes

|  | Voting on taxes

Ballot measures
By state
By year
Not on ballot
| Local

City taxes
County taxes
School taxes
Property taxes
Sales taxes
Income taxes
Other taxes

Laws • History
List of measures

The Colorado Motor Vehicle, Income, and Telecom Taxes Initiative, also known as Proposition 101, was on the November 2, 2010 ballot as an initiated state statute, where it was defeated.[1][2][3]

The measure would have added a new article to Title 39, taxation, of the Colorado Revised Statutes \- revising the current vehicle, income and telecommunications taxes and fees.[4][5]

Some of the proposed statements in the amendment were designed to:[6]

* Require all state and local taxes to cease on vehicle rentals and leases
* Specify that sales rebates are not taxable
* Require that all registration, license, and title changes combined total ten dollars yearly per vehicle
* Set the 2011 income tax rate at four and one-half percent and require later rates to decrease a specified amount yearly until reaching a specified amount under certain conditions
* Repeal the alternative minimum tax
* Specify that all added charges to telecommunication service customer accounts, with the exception of 911 fees at 2009 rates, shall be tax increases

## Election results[edit]

See also: 2010 ballot measure election results
Colorado Proposition 101 (2010)

Result| Votes| Percentage
d No| 1,183,000| 67.69%
Yes|  564,588|  32.31%

Election results via: Colorado Secretary of State - official 2010 general election results

## Text of measure[edit]

The language appeared on the ballot as:[3]

“  |

Shall there be an amendment to the Colorado Revised Statutes concerning limits on government charges, and, in connection therewith, reducing vehicle ownership taxes over four years to nominal amounts; ending taxes on vehicle rentals and leases; phasing in over four years a $10,000 vehicle sale price tax exemption; setting total yearly registration, license, and title charges at $10 per vehicle; repealing other specific vehicle charges; lowering the state income tax rate to 4.5% and phasing in a further reduction in the rate to 3.5%; ending state and local taxes and charges, except 911 charges, on telecommunication service customer accounts; and stating that, with certain specified exceptions, any added charges on vehicles and telecommunication service customer accounts shall be tax increases?[7]

| ”

|
|

## Support[edit]

Supporters of Proposition 101, Amendment 60 and 61 said the proposed measure would have forced the government to operate more efficiently and cut bloated spending.[8] Marty Neilson, president of the Colorado Union of Taxpayers, said she believed the measure would have been beneficial for the state of Colorado. "There is plenty of taxing going on and too much spending," she said. Additionally, Neilson rejected the argument that county government and school districts would have been harmed by the tax changes.

She added,"I know the schools' mantra: 'It's for the children.' But many of our graduates going on to college have to take remedial classes. These schools need to perform a bit better and do it on the funds they have."[9]

### Arguments[edit]

* Marty Neilson, president of the Colorado Union of Taxpayers said, "It's our general belief that the state of Colorado has enough money to spend. They can spend more wisely, or even cut their spending," at a May 2010 Denver Metro Chamber of Commerce's "State of the State" session.[8]

* Natalie Menten, campaign coordinator for the three ballot measures, agreed that with the three proposed measures government would receive less funds. But that, she said, was the point. "These are moderate, modest proposals for taxes and tax reform. They are phased in over many years, so it’s a gradual process. The more money that we can put into individuals’ hands and business owners’, that’s what really grows an economy," said Menten. She added that supporters felt it was the right time to make the proposals because of "the actions of the government." The mood, among citizens she said was "ripe" for the proposed changes.[10]

* In response to critics who said they were concerned about the lack of sufficient funds to replace any lost revenue should Amendment 60 be approved Menten said, "That amount is two-thirds of 1 percent of next year’s growth in state revenue...State revenue grew $400 million this year, to $19.6 billion. The state aid will be $130 million a year, or $26 per person. Since 1984, total state spending has zoomed 476 percent and never gone down."[11]

* In response to the large number of local officials who spoke out against Proposition 101, Amendment 60 and 61 Natalie Menten, the campaign's spokesperson, said, supporters' goal is not to make it harder for local governments to operate but to see efficiencies. "Some government entities have become enterprises to avoid falling under TABOR. For instance, a golf course. If they’re going to see any decrease in services, they should look at whether they are charging appropriately," she said.[12]

* Despite having the existing TABOR law Menten said the initiatives were necessary. "High-paid, government-paid lawyers have tried to find loopholes in TABOR. If you look at the car-registration tax, that should have been put to a vote and it wasn’t. They’re supposed to ask us about debt. They’ve created this loophole called certificates of participation and are spending millions on interest that we never got the opportunity to approve. This closes those loopholes. School districts need to get back on track and not be wasting money on interest," said Menten.[12]

### Donors[edit]

The main committee in support of Proposition 101, Amendment 60 and Amendment 61 was CO Tax Reforms. According to August 2010 reports, the committee had reportedly received $12,262.24 in contributions and spent $5,074.90. Their balance at the time wa $7,187.34.[13][14]

Below is a chart that outlines major cash contributions to CO Tax Reforms:

Contributor  | Amount

|

Muhammad A. Hasan[15][16] | $5,000
Seeme Hasan (retired)[17][16] | $5,000
Coleen & William Robinson (retired)[18] | $2,760

## Opposition[edit]

Coloradans for Responsible Reform was the main political action committee in opposition to Amendment 60, Amendment 61 and Proposition 101. They described it as the "evil three" ballot questions. Coloradans for Responsible Reform was led by Rick Reiter who argued that the measures would devastate the state.[10][19]

The University of Colorado Board of Regents passed a resolution on July 16 to oppose Amendments 60 and 61 and Proposition 101.[20] Some cities and counties also spoke out or passed resolutions against the proposed measures, including: Monte Vista, the Town of Frisco, Ouray County, Colorado Springs City and Grand Junction City.[21][22][23][24] A list of cities, counties and school boards in opposition to the proposed measure can be found here.

Senate President Brandon Shaffer, House Speaker Terrance Carroll, Senate Minority Leader Josh Penry and House Minority Leader Mike May opposed Proposition 101, Amendment 60 and Amendment 61.[25] Some 2010 gubernatorial candidates announced their opposition in February 2010: Denver Mayor John Hickenlooper, the Democrat running for governor, and former Congressman Scott McInnis, one of the Republicans running.[26]

### Arguments[edit]

See also: More Proposition 101 opposition arguments

* Twenty-three of 27 Republican State Representatives and five of 14 Republican State Senators signed a letter urging Republicans in the state to vote no on Proposition 101, Amendment 60 and 61. "Yes, these three issues are a direct reaction to poor treatment of taxpayers by Democrats. However, this reaction is so far overreaching that it will ultimately kill Colorado jobs and strip local governments' ability to provide police and fire protection and to educate our children," said the letter.[27][28]

* John Straayer, a political science professor at Colorado State University, was opposed to Amendment 60, Amendment 61 and Proposition 101. "These initiatives pose to the voters in a stark fashion whether they want the world of Douglas Bruce or an efficient and functioning government system," said Straayer.[29]

* Colorado Counties Inc., a nonprofit organization that "offer[s] assistance to county commissioners, mayors and councilmembers and to encourage counties to work together on common issues," announced in December 2009 that they were opposed to Amendment 60, Amendment 61 and Proposition 101. Additionally they announced plans to contribute $10,000 for a review of submitted signatures.[29]

* Gov. Bill Ritter, who was attempting to close a $1 billion state budget shortfall, characterized Amendment 61, Amendment 60 and Proposition 101 as "dangerous."[29] In March 2010 Ritter said his top priority was defeating Amendment 60, 61 and Proposition 101.[30]
* Proposition 101 and amendments 60 and 61 on the November ballot "would set Colorado back a generation and bring to a halt the pro-business environment we have all worked so hard to build," said Gov. Bill Ritter in May 2010 at the Denver Metro Chamber of Commerce's "State of the State" session.[8]

### Donors[edit]

According to August 2010 reports, Coloradans for Responsible Reform, an opponent of Proposition 101, Amendment 60 and 61, had reportedly received $4.109 million in campaign contributions and spent $3.877 million. Their final balance at the time was $231,335.98.[31] Compared to May 2010 reports, supporters reported that they had received $777,000 in campaign donations and had a total of $671,190 in the bank.[32] In July 2010, state campaign finance records revealed that opponents received contributions from 36 businesses and 11 business & trade groups.[14]

Below is a chart that outlines major cash contributions to Coloradans for Responsible Reform:[33][34]

Contributor  | Amount

|

National Education Association | $400,000
Colorado Contractors Association, Inc. | $300,000
Colorado Education Association | $250,000
The Colorado Health Foundation | $175,000
Securities Industry & Financial Markets Association | $150,000

### Campaign advertising[edit]

* Opponents purchased $2 million of television air time. Their ad campaign was expected to launch after Labor Day.[14]

* On September 8, 2010 Coloradans for Responsible Reform launched a one-minute ad in opposition to Prop 101, Amendment 60 and 61. According to reports, the ad called the three measures "The Ugly Three." The radio ad ran on 64 stations in 39 cities.[35] The radio ad can be heard here.

### Tactics and strategies[edit]

* In May 2010 Coloradans for Responsible Reform launched a website called www.donthurtcolorado.com in order to fight Proposition 101, Amendment 60 and 61. According to reports, the group raised approximately $800,000 to fight the measures. The campaign group was supported by Denver Metro Chamber of Commerce and others. According to Coloradans for Responsible Reform the proposed measures would have made Colorado an "investment-flight state."[32]

* On August 14, 2010, opponents of Proposition 101, Amendment 60 and Amendment 61 gathered at the Robert Hoag Rawlings Public Library, the headquarters of the Pueblo City-County Library District. According to reports, the crowd consisted of about 50 local politicians, school, library and business leaders.[36]

* On August 25 opponents hosted a rally at the Pioneers Museum gazebo from 11:30 am to 1:30 pm to explain and distribute information on the potential impact of the three measures. The rally, according to reports, was sponsored by the Citizens for Effective Government and group of businesses and organizations.[37][38][39]

* The Colorado Progressive Coalition hit the road on September 14 in a ten-day "Civic Engagement Roundtable Ballot Tour" to inform voters of "the costly effects and unintended consequences" of the measures.[40] A list of tour events can be found here. (timed out)

* On September 27, 2010 opponents met in front of empty seats at Invesco Field to illustrate the 73,000 jobs they argue would be lost should Amendment 60, 61 and Prop 101 be approved by voters.[41]

## Other perspectives[edit]

* 2010 Gubernatorial candidate U.S. Rep. Tom Tancredo announced in an early September debate that he supported Proposition 101, Amendment 60 and 61. Tancredo said, "The people of Colorado are not under-taxed; we are over-governed" and added "It’s really a reaction to people being overtaxed and taxed without their permission. The passage of these things will be an indicator that things are coming to a change and we’ll have to deal with it."[42] However, in late September 2010, Tancredo said he was unsure about the measures.[43]

## Policy analysis[edit]

### The Bell Policy Center[edit]

The Bell Policy Center, a nonprofit organization based in Denver, estimated that Proposition 101 would cost the state more than $2.3 billion in lost revenue, including about $622 million for local governments and school districts, according to a December 2009 study.[44] According to their preliminary analysis, Proposition 101, when fully implemented would reduce state income tax revenues, transportation revenues and sales tax revenues. For local communities the proposition would have specifically cut revenues by an estimated $500 million in vehicle ownership taxes, $100 million in sales taxes from exempting $10,000 in vehicle value from sales taxes, $22 million by eliminating sales taxes on rental vehicles.[45][46]

A county-by-county analysis by The Bell Policy Center can be found here.

### Colorado Municipal League[edit]

The Colorado Municipal League released a report on June 28 regarding the possible future impacts of Proposition 101 and Amendments 60 and 61. The organization is described as a nonprofit, nonpartisan organization "that provides advocacy, information and training to build stronger cities and towns." It was founded in 1923.[47] According to the released report the organization concluded that all three measures would have been "devastating to local government’s finances." Sam Mamet, executive director of the organization, said, "These are very, very dramatic in terms of their impact on municipal finance unlike I’ve seen in a very long time. This comes on top of two years of significant budget cutting and layoffs and service reductions. This really just cuts directly into revenue streams for local governments and just adds more stress to an already stressful situation."[48]

### Colorado Legislative Council[edit]

In July 2010 the Colorado Legislative Council released an analysis of proposed measures Proposition 101, Amendment 60 and Amendment 61. The analysis described the possible fiscal impact of the three measures. According to the report, it assumed "each measure is fully implemented in FY 2010-11."[49][50]

According to the report, if all of the measures had been implemented in FY 2010-11:

> "the state would lose $2.1 billion in revenue and would have to increase K-12 education funding by $1.6 billion. The combined impacts mean that K-12 education funding would require about 99 percent of the General Fund budget. A homeowner earning $55,000 per year with a $295,000 home would save approximately $1,800 annually in taxes."[49]

Specifically, Proposition 101 was expected to:

> "reduce state revenue by $1.6 billion annually. This results from decreases in income and sales taxes, vehicle registration fees, and telecommunications fees. Local governments will lose $936 million in revenue from specific ownership taxes and local sales taxes. Of the local government decrease, school districts will lose about $150 million, which the state is required to backfill. A household earning $55,000 per year is estimated to save $604 annually."[49]

## Media editorial positions[edit]

Main article: Endorsements of Colorado ballot measures, 2010

### Opposition[edit]

* Steamboat Pilot & Today was opposed to Proposition 101, Amendment 60 and 61. In an editorial the board said, "It will be tempting come fall — particularly in the midst of a recession — to fall victim to campaign spots that promise reduced income taxes and vehicle registration fees. We think voters are smarter than that and will see the crippling effect Amendments 60 and 61 and Proposition 101 would have on state and local governments, which will be manifested in the diminishment, and in some cases abolishment, of services...It’s hard to imagine that, armed with the facts, voters could support such ill-conceived initiatives come November."[51]

* The Denver Post was opposed to Proposition 101. In an editorial, the board said, "Amendments 60 and 61 and Proposition 101 may appear to be simple tax-cutting measures that will appeal to voters tired of big-government spending, but don't be fooled. The operating language within each one is a virus that would cripple the ability of our local and state governments to provide the most basic of services — from building schools for our children to supplying clean water to our homes...Don't be fooled, Colorado. Amendments 60 and 61 and Prop 101 are not smart budget-cutting measures. They're out to cripple Colorado, and should be rejected at the polls."[52]

* ColoradoBallot.net, a local blog, was opposed to Proposition 101. The blog stated, "This initiative is one of the Dr. Evil three put on the ballot by Doug Bruce. It's [sic] impact will be an immediate reduction in state income severe enough that it will drastically reduce virtually all state services."[53]

* TimesCall.com was opposed to Amendment 60, 61 and Proposition 101. In an editorial, the board said, "Each measure alone goes far beyond reasonable concern about the size of state and local government. Taken together, the three create a tsunami of effects likely to keep Colorado in a recession from which we might never recover. Voters are encouraged to vote against 60, 61 and 101."[54]

* The Gazette was opposed to Amendment 60, 61 and Proposition 101. In an editorial, the board wrote, "The problem with 60, 61 and 101 is the fact they go beyond traditional measures to keep government in check...Voters should reject 60, 61 and 101. But the measures should serve as bold notice to politicians that citizens want limited, accountable government and will stop at almost nothing to get it. After all, these measures didn’t land on the ballot by osmosis. More than 100,000 voters asked for them in writing."[55]

* The Tribune was opposed to Amendment 60, 61 and Proposition 101. In an editorial, the board said, "We understand voters' frustration with government spending...Voters need to understand these three measures could simply change our state, forever...Colorado has enough financial challenges to face without tying our hands any further and mucking up our state constitution worse than it already is. The Ugly 3 would make our government's task nearly impossible. Vote against amendments 60 and 61 and Proposition 101."[56]

* The Ski-Hi Daily News was opposed to Proposition 101. In an editorial, the board said, "...Proposition 101 is damaging enough that we can't in good conscience recommend voting for it, even if we sympathize in part with its origins. However, if it alone were to pass, it would scarcely be the end of life as we know it in Colorado, and lawmakers would almost certainly undo its most destructive provisions before they could take effect. "[57]

* The Coloradoan was opposed to the proposed measure. "The Coloradoan editorial board already has recommended against Amendments 60 and 61 and Proposition 101, which are tax measures that will badly damage the state's economy...," said the editorial board.[58]

* The Durango Herald was opposed. "The 'bad three' [Amendments 60, 61 and 101] really would hurt Colorado. Together, they would cut fees and taxes, require public entities such as colleges to pay property tax, ban all government debt and effectively reduce Colorado to Third World status," said the editorial board.[59]

* The Vail Daily said, "While many of us would like to send a message to government to keep out-of-control spending in check, these ballot initiatives are not the way to do it. We strongly recommend just saying 'no' to Amendment 60, Amendment 61 and Proposition 101."[60]

* The Glenwood Springs Post Independent said, "Amendments 60, 61 and Proposition 101 are blind stabs at controlling government spending without understanding the effects of these knee-jerk approaches. If these measures pass, government spending would decrease dramatically, but the repurcussions on citizens will include school closures and a general decline in the quality of life for the Western Slope."[61]

## Polls[edit]

See also: Polls, 2010 ballot measures

* A poll conducted August 19-23, 2010 by Ciruli Associates revealed that 51% of polled voters favored the proposed measure, while 33% were opposed and 16% were undecided. The poll's margin of error was plus or minus 4.2 percentage points. A total of 550 registered Colorado voters were polled.[62][63]

* A poll conducted September 28-30, 2010 by SurveyUSA revealed that 12% supported the proposed measure, while 44% were opposed and 44% remained uncertain. SurveyUSA surveyed 649 likely voters by phone and it's margin of error was plus or minus 3.9 percentage points.[64][65][66]

* An October 19-21, 2010 poll by SurveyUSA for the Denver Post and 9-News revealed that 21% of polled voters supported Amendment 101, while 55% ere opposed and 24% were undecided. According to reports, the poll had a margin of error of 4.2-4.3 percent. A total of 540 voters were polled.[67]

|  Legend

* * *

Position is ahead and at or over 50% Position is ahead or tied, but under 50%

Date of Poll  | Pollster  | In favor  | Opposed  | Undecided  | Number polled

|
|
|
|
|

August 19-23, 2010 | Ciruli Associates | 51% | 33% | 16% | 550
Sept. 28-30, 2010 | SurveyUSA | 12% | 44% | 44% | 649
Oct. 19-21, 2010 | SurveyUSA | 21% | 55% | 24% | 540

## Campaign contributions challenged[edit]

A group opposed to Proposition 101, Amendment 60 and Amendment 61 called Protect Colorado’s Communities requested an explanation for how proponents of the measures spent $200 or less to print and circulate the petitions. According to state law, if more than $200 was spent to place a proposal on the ballot, proponents were required to register issue committees. Protect Colorado’s Communities argued that it takes thousands of dollars to place a measure on the ballot. The Colorado Secretary of State was expected to issue a statement in early January 2010.[68]

### Campaign finance hearing[edit]

A campaign finance hearing was held in April 2010 in an effort to clarify who financed the signature-gathering effort for Proposition 101, Amendment 60 and 61, all of which appeared on the ballot. However, tax advocate Douglas Bruce was not present at the hearing.[69]

Of the hearing in an April 20 motion, Russell Haas, sponsor of Amendment 61, said, "The problem is, as we said all along, the evidence DOES NOT EXIST. His (Grueskin’s) fishing expedition has produced NOTHING because there is NOTHING to produce. Volunteer petition drives are lawful. He has NO RIGHT to learn who volunteered to help, or orally supported or signed our forms." However, opponents of the measures argued in a court document that supporters of Proposition 101, Amendment 60 & 61 used "obstructionist" tactics and had continuously tried to hamper the efforts to "unravel the 'scheme of secrecy' behind the three ballot issues."[70]

Although Bruce had appeared to have no involvement with the measures, Secretary of State records revealed that the eight professional petition circulators lived in an apartment house on Boulder Street near Colorado Springs. The proposed was owned by Bruce. The petition circulators had since moved but the records called into question Bruce's involvement in the campaigns. According to reports, court records revealed that Bruce failed to show up for a deposition weeks prior to the hearing, despite being served with subpoenas.[71]

On March 10 Bruce described the subpoenas as a "case of gross harassment." In regard to the April hearing, Bruce said he did not appear because he was not subpoenaed.[69][71]

At the request of attorney Mark Grueskin, who represented opponents of the measures, and attorney Scott Gessler, who represented proponents of Amendment 61, Administrative Law Judge Robert Spencer moved the hearing to May 24-25.

After tax advocate Douglas Bruce failed to appear at the April 2010 hearing state officials asked for an order to force Bruce to attend. The attorney general's office filed the petition on behalf of the secretary of state's office.[72][73] On May 11 District Court Judge Brian Whitney issued an order that stipulated that Bruce was required to appear for the deposition.[74]

As of May 18, the attorney general said a total of 23 attempts to serve the court order had failed.[75]

#### Douglas Bruce tied to measures[edit]

See also: Douglas Bruce

In a campaign finance complaint hearing on May 24, 2010, after much speculation, Douglas Bruce was identified as a "guiding force" in Proposition 101, Amendment 60 and Amendment 61. Proponents said they received ballot language and instructions from a "Mr. X" in unsigned emails. Michelle Northrup testified on May 24 that she believed "Mr. X" was Douglas Bruce.[76] During the hearing, Northrup said she didn't approve of the evasion tactics being used by proponents of the ballot measures. According to May 24 testimony proponents said they received advice from Bruce on the language of the ballot measures, how to get the measures approved for the ballot by the Secretary of State's Office and on the signature petition campaign.[77][78][79]

Attempts to subpoena Bruce in time for the May 24 hearing failed. Mark Grueskin, lawyer challenging campaign contributions, asked Administrative Law Judge Robert Spencer to keep the hearing open until Bruce's testimony could be collected but Spencer denied the request. According to the judge a decision on the finance complaints was to be issued in 15 days.[80]

According to reports in late May, the state of Colorado tried and failed to contact Douglas a total of 29 times.[81]

#### State files contempt motion[edit]

On Friday, June 18, state officials filed a contempt motion in Denver District Court. The motion requested that the judge find Bruce in contempt of court for not testifying in the administrative proceeding and for avoiding process servers.[82] In response to the motion, Bruce argued that he had done nothing wrong. He said, "A subpoena requires personal service. I was not personally served. Therefore, I was not legally served."[83] If Bruce was found in contempt of court it was expected that he would be fined for every day he didn't respond to the subpoena (March 19-May 24). According to Bruce, he was out of town on vacation.[84]

On June 23 a Denver judge cited Bruce with contempt of court.[85] Denver District Court Judge Brian Whitney said, "Based on the state’s showing in the motion, there is cause to believe that Mr. Bruce has not complied with the order and that, to date, he remains in disobedience of the order."[86]

A hearing was set for July 26 at 8:30 am in Denver.[87] Additionally, Bruce was ordered to appear at a June 30 hearing as a witness in a grand jury investigation.[88][89] According to reports, the grand jury hearing was unrelated to Bruce's political activities and he was only serving as a witness.[90]

On July 26 Bruce appeared in court in regard to the contempt citation.[91] Bruce argued that he was out of town and did not purposely try to evade the subpoena. "I can produce motel receipts ... to prove that I wasn't here," said Bruce. Despite the state's arguments that Bruce should have faced civil or criminal charges, Bruce was not charged with a crime. District Judge Brian Whitney said, "I don’t plan to impose incarceration."[92][93]

The case was scheduled to resume on August 18.[94] On August 9 it was reported that Bruce hired "one of Denver's most high-profile lawyers" - David Lane - to represent him in the case.[95] According to reports, Lane was involved in such high-profile cases as: "Balloon Boy" father Richard Heene; Tim Masters, who won $10 million in settlements after being wrongly imprisoned for a decade; and former University of Colorado professor Ward Churchill.[96]

On September 7, 2010 Denver District Judge Brian Whitney ruled that Bruce was not in contempt of court for not testifying on the ballot measures case. However, Bruce was ordered to appear for a deposition on the three initiatives (Amendments 60 & 61 and Proposition 101) to answer questions about his involvement.[97][98][99]

### Filing with State Court of Appeals[edit]

In late July 2010 sponsors of Proposition 101, Amendment 60 and Amendment 61 filed an appeal to a judge's order to disclose contributors of the proposed measures.[100] According to the filed appeal, it alleged that Denver Administrative Law Judge Robert Spencer, who presided over the case, engaged in "flagrant misconduct." Additionally, the appeal stated, "The weaving of wild speculative theories about unknown contributions in kind by unknown persons, and other distractions from the fact that there was NO evidence appellant ‘accepted’ over two hundred dollars." Judge Spencer ruled in June that the sponsors should have formed committees and reported the expenditures and contributions. The judge also issued $2,000 in fines against the three sponsors.[101]

### Complaint filed[edit]

On October 18, 2010 Coloradans for Responsible Reform, opponents of Proposition 101 and Amendments 60 and 61, filed a campaign-finance complaint. The coalition argued that Douglas Bruce illegally used a charity, Active Citizens Together (ACT), to fund the petition signature drive for the measures. "We now know, finally, where the money — or a significant portion of it — came from," said Mark Grueskin, attorney for the group.[102]

ACT is a 501(c)(3) nonprofit founded by Bruce. According to Secretary of State Bernie Buescher, aside from the alleged violations, ACT had not registered with the state as required by law. "Frankly, I'm frustrated there are so many campaign-finance violations going on where either these groups do not register at all with us or, when they register, they don't file reports, or if they file reports, they're frequently incomplete or inaccurate. Next year, I'm going to be asking the legislature to look at the way these groups evade their obligations of disclosure," said Buescher.[102]

The administrative court hearing was held December 14, 2010.[103]

On December 28, 2010 Administrative Law Judge Matthew Norwood levied $11,300 in campaign-finance fines against ACT for not reporting what was spent on the 2010 ballot measures. According to reports, the fines is believed to be the largest fine in state history against an issue committee.[104][105]

## Voter guide controversy[edit]

The Blue Book, the state's voter guide, created some debate prior to the 2010 elections. According to proponents of Amendments 60 and 61 and Proposition 101 the book was biased. The blue book was written by staff of the Legislative Council, a nonpartisan service agency. The council was in charge of writing "fair and neutral analyses of the initiatives." The language along with a fiscal analysis was included for each measure. During the process of drafting the 2010 voter guide, officials communicated with proponents via email. In a July 20, 2010 email Natalie Menten, a spokesperson for the group argued that the effects of the proposed measures would not be seen for more than a decade after implementation. In writing the draft analysis, officials attempted to show the effcts in the 2010-11 budget. Menten said, "Take your LYING July 8th 'draft' report, which you already fed to all legislators, publicly repudiate it in writing, and then throw your draft in the trash."[106] The 2010 voter's guide was approved the Legislative Council on September 1, 2010.[107]

## Path to the ballot[edit]

See also: Colorado signature requirements and 2010 ballot measure petition signature costs

In order to place the proposed measure on the ballot, supporters were required to collect a minimum of 76,047 valid signatures.

### Signature summary[edit]

Below is the signature county summary according to the Colorado Secretary of State:[5]

* Total number of qualified signatures submitted: 142,680
* 5% of qualified signatures submitted (random sample): 7,134
* Total number of entries accepted (valid) from random sample: 5,307
* Total number of entries rejected (invalid) from random sample: 1,827
* Number of projected valid signatures from random sample: 106,140
* Total number of accepted entries necessary for placement on ballot: 76,047
* Percentage of presumed valid signatures: 139.57%

### Signature challenge[edit]

According to proposition opponents, supporters may have failed to file required paperwork. Tyler Chafee, a member of Protect Colorado’s Communities, a proposition opponent, said, "It appears that the proponents of these measures have not filed any kind of reports or done anything to that effect. We are looking very closely at the petitions ... and the practices of the people trying to push these measures. We have some sense that they may not have followed the law."[108]

According to secretary of state officials, state law requires that paid petition companies register with the state and paid circulators receive training. Neither was completed by supporters of Proposition 101, according to both supporters and officials. However, the Bell Policy Center, an opponent of the measure, said that according to preliminary research two petition companies were hired.

Challengers had until January 4, 2010 to raise concerns in court.[108][109]

## See also[edit]

| Suggest a link

|

* 2010 ballot measures
* Colorado 2010 ballot measures
* List of Colorado ballot measures
* History of Initiative & Referendum in Colorado

### Related measures[edit]

d Colorado Property Taxes, Amendment 60 (2010)
d Colorado State and Local Debt Limitations, Amendment 61 (2010)

### Articles[edit]

* Campaign finance hearing ties Douglas Bruce to Colorado tax measures
* Indiana Tax Cap measure has three counterparts in Colorado

## External links[edit]

* Proposed initiative measure 2009-2010 #10, concerning motor vehicle, income, and telecommunications taxes and fees Text
* ColoradoBallot.net's guide to the Colorado proposed ballot measures

### Campaign links[edit]

* Colorado Title 39 - taxation
* Proposition 101 official website in support
* Protect Colorado's Communities: opponents of Amendment 60, 61 and Prop. 101
* Don't Hurt Colorado - official website in opposition

## Additional reading[edit]

* Associated Press, "Wave Of Opposition Continues For Tax-Ballot Issues," October 31, 2010
* Associated Press, "Colorado conservatives split over tax measures," October 11, 2010
* The New York Times, "Tax Cuts on Colorado Ballot Stir Alarm," September 20, 2010
* The Colorado Statesman, "‘Big 3’ ballot issues garner big opposition," September 17, 2010
* The Daily Sentinel, "Mixed opinions on three November ballot measures," September 11, 2010
* The Colorado Independent, "Colorado guv candidates vary widely on tax slashing amendments," September 3, 2010
* KJCT8, "Ballot Measures Could Bring Huge Cuts for Schools," August 17, 2010
* The Denver Post, "Coalition plots campaign to defeat Colorado tax cuts," August 16, 2010
* The Pueblo Chieftain, "Hasans top donors to state's anti-tax ballot questions," August 13, 2010
* KJCT8, "Ballot Measures Create Controversy," June 29, 2010
* The Pueblo Chieftain, "Coalition to oppose anti-tax ballot measures," June 25, 2010 (dead link)
* The Denver Post, "Political rivals in Colorado seek alliance against three ballot initiatives," May 24, 2010
* Stateline.org, "US State News: Anti-Tax Measures Could Have Massive Negative Impact On Colorado Public Services," May 21, 2010
* Daily Camera, "Anti-tax measures on Colorado's November ballot," April 11, 2010
* The Gazette, "Petition circulators link Bruce to statewide ballot initiatives," January 26, 2010
* The Durango Herald, "Ballot madness:Initiatives would gut public spending," December 17, 2009
* Associated Press, "Colorado voters to decide 2 tax proposals," December 5, 2009
* The Denver Post, "Two tax-slashing measures make Colorado ballot," December 5, 2009

### Local response & impact[edit]

* Loveland Reporter-Herald, "Loveland planning for 20 percent cut in funds from ballot measures," September 11, 2010 (dead link)
* The Fort Morgan Times, "No sports, buses, lunches if ballot amendments pass," September 3, 2010
* Longmont Times-Call, "State ballot has local impact," August 22, 2010 (dead link)
* Recorder Online, "Citizens report on prop 101 and amendments 60 and 61 (Loveland)," August 20, 2010
* Post Independent, "Local government confab addresses state ballot initiatives," August 20, 2010
* Loveland Connection, "Officials: Ballot issues could cut millions from county budget," June 9, 2010
* Summit Daily News, "Local officials worried over November ballot measures," May 4, 2010
* Loveland Connection, "Ballot issues could cost city millions," April 30, 2010
* Colorado Daily, "Boulder officials say state ballot questions could take $26M chunk of city's budget," April 12, 2010

### Editorials[edit]

* Coloradoan.com, "Ballot measures would hurt spending on other programs," September 13, 2010
* The Fort Morgan Times, "Billions at stake in ballot issues," August 27, 2010
* The Durango Herald, "Prop. 101 - and keep the bridge to nowhere forever," August 15, 2010

## Footnotes[edit]

1. ↑ The Durango Herald, "Colo. voters reject ballot initiatives," November 4, 2010
2. ↑ LandLineMag.com, "Colorado voters get say on transportation-related questions," November 11, 2010
3. ↑ 3.0 3.1 Colorado State Legislative Council, "Ballot History," accessed February 27, 2014
4. ↑ KDVR Denver, "Taxes, personhood, possibly health care set for November ballot," March 29, 2010
5. ↑ 5.0 5.1 Colorado Secretary of State, "Proposed Ballot Measure Deemed Sufficient Proposed Initiative #10, “Motor Vehicle, Income, and Telecommunications Taxes and Fees” designated Proposition 101," December 4, 2009
6. ↑ Colorado State Legislature, "Proposed initiative measure 2009-2010 #4, concerning motor vehicle, income, and telecommunications taxes and fees," February 6,2009
7. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
8. ↑ 8.0 8.1 8.2 The Denver Post, "Ritter says tax-cutting ballot initiatives would cripple Colorado," May 14, 2010
9. ↑ The Denver Post, "Taxes, spending: Reaction sharp to Colo. ballot issues," February 22, 2010
10. ↑ 10.0 10.1 The Daily Sentinel, "Opponent to ballot measures emerges," May 24, 2010
11. ↑ The Trinidad Times, "Proponents claim initiatives would help economy, taxpayers," August 20, 2010
12. ↑ 12.0 12.1 Highlands Ranch Herald, "Advocate for initiatives responds to criticism," September 2, 2010 (dead link)
13. ↑ Colorado Campaign Finance Database, "CO Tax Reforms information," accessed August 17, 2010
14. ↑ 14.0 14.1 14.2 The Denver Post, "Colo. firms spend millions fighting tax-cutting ballot measures," July 23, 2010
15. ↑ Colorado Campaign Finance Database, "July 19, 2010 Report of Contributions and Expenditures," July 18, 2010
16. ↑ 16.0 16.1 The Gazette, "Wealthy Pueblo family supporting ballot initiatives," July 31, 2010
17. ↑ Colorado Campaign Finance Database, "June 1, 2010 Report of Contributions and Expenditures," May 30, 2010
18. ↑ Colorado Campaign Finance Database, "July 6, 2010 Report of Contributions and Expenditures," July 6, 2010
19. ↑ The Denver Daily News, "Anti-tax proposals blasted," June 3, 2010
20. ↑ The Aurora Sentinel, "CU Regents take stand against props 60, 61 and 101," July 19, 2010 (dead link)
21. ↑ Monte Vista Journal, "City opposes three ballot issues," August 25, 2010
22. ↑ Summit Daily News, "Frisco council against November ballot measures 101, 60, 61" August 27, 2010
23. ↑ Ouray County, "Ouray County Opposes ‘Bad 3’ Ballot Initiatives," August 26, 2010 (dead link)
24. ↑ The Gazette, "Council gets behind group opposing amendments," September 14, 2010
25. ↑ Denver Business Journal, "Bipartisan opposition to Colorado ballot measures to cut state revenue, spending," December 14, 2009
26. ↑ The Denver Post, "Candidates weigh in on right side of ballot items," February 28, 2010
27. ↑ The Denver Post, "Colorado Republicans come out against tax-slashing measures," September 13, 2010
28. ↑ Coloradoan, "Gardner's name added to letter opposing anti-tax measures," September 14, 2010
29. ↑ 29.0 29.1 29.2 The Gazette, "Trio of anti-government ballot measures go too far, critics charge," December 4, 2009
30. ↑ The Gazette, "POLITICAL NOTEBOOK: Ritter talks TABOR in Springs," March 30, 2010
31. ↑ Colorado Campaign Finance Database, "Coloradans for Responsible Reform information," accessed August 17, 2010
32. ↑ 32.0 32.1 Denver Business Journal, "Denver businesses blast Nov. ballot issues," May 11, 2010
33. ↑ Colorado Campaign Finance Database, "July 19, 2010 Report of Contributions and Expenditures," July 19, 2010
34. ↑ Colorado Campaign Finance Database, "August 2, 2010 Report of Contributions and Expenditures," August 2, 2010
35. ↑ Denver Business Journal, "Business group launches campaign against budget-cut ballot measures," September 9, 2010
36. ↑ The Pueblo Chieftain, "Rally rips ballot initiatives," August 15, 2010
37. ↑ Colorado Springs Independent, "60, 61 and 101: Just say 'No'," August 24, 2010
38. ↑ The Gazette, "Business leaders, politicians unite to fight ballot measures," August 26, 2010
39. ↑ KKTV, "Community Leaders Speak Out Against Amendments 60, 61 and Proposition 101," August 25, 2010
40. ↑ Denver Westword Blogs, "Amendments 60 & 61, Proposition 101: Colorado Progressive Coalition hits road to battle them," September 13, 2010
41. ↑ Associated Press, "Opponents rally against Colo. tax ballot measures," September 28, 2010 (dead link)
42. ↑ Denver Business Journal, "Tancredo flies solo on revenue measures in gubernatorial debate," September 2, 2010
43. ↑ The Gazette, "Tancredo's support for three anti-tax ballot measures fades," September 23, 2010
44. ↑ Steamboat Today, "Ballot measures would slash school funding in Routt County," May 2, 2010
45. ↑ The Bell Policy Center, "Preliminary Analysis of Proposition 101," December 7, 2009
46. ↑ Post Independent, "Public policy expert makes case against the ‘Bad Three'," October 13, 2010
47. ↑ Colorado Municipal League, "Main page," accessed June 29, 2010
48. ↑ The Daily Sentinel, "League warns of ballot measures’ effects" June 29, 2010
49. ↑ 49.0 49.1 49.2 Colorado Legislative Council, "Amendments 60 and 61, and Proposition 101," July 8, 2010
50. ↑ Denver Business Journal, "Legislative Council: 3 anti-tax measures could cost state $2.1 billion," July 22, 2010
51. ↑ Steamboat Pilot & Today, "Our View: A close look at ‘anti-tax’ measures," May 23, 2010
52. ↑ The Denver Post, "Ballot item could cripple Colorado," July 7, 2010
53. ↑ ColoradoBallot.net, "101: Eliminate Numerous Fees, Reduce Income Tax," accessed September 7, 2010
54. ↑ TimesCall.com, "Ballot items’ cure far worse than disease," September 26, 2010 (dead link)
55. ↑ The Gazette, "OUR VIEW: Say 'no' to 60, 61 & 101 (vote in poll)," September 28, 2010 (dead link)
56. ↑ The Tribune, "Tribune Opinion: Issues 60, 61 and 101 dangerous for Colorado," October 13, 2010
57. ↑ The Ski-Hi Daily News, "Proposition 101 and amendments 60 & 61: The not-so-good, the bad and the ugly," October 12, 2010
58. ↑ Coloradoan, "Voters, reject citizen-initiated amendments," October 27, 2010
59. ↑ The Durango Herald, "Endorsements," October 24, 2010
60. ↑ Vail Daily, "Vail Daily's View: No to 60, 61, 101," October 24, 2010
61. ↑ Post Independent, "Election 2010 Endorsement: Vote no on Amendments 60, 61 and Prop 101," October 28, 2010
62. ↑ Ciruli Associates, "Voters Unsure on Statewide Ballot Issues," September 8, 2010
63. ↑ The Denver Post, "Colorado income-tax cut has 51% support, poll finds," September 11, 2010
64. ↑ Greeley Tribune, "Poll: Ballot issues likely to fail," October 4, 2010
65. ↑ 9News, "Poll: Ballot initiatives have little support," October 4, 2010
66. ↑ The Denver Post, "Colorado voters down on Obama, several statewide ballot issues," October 4, 2010
67. ↑ 9-News, "Poll: Colorado ballot issues continue uphill battles," October 25, 2010
68. ↑ The Denver Daily, "Group challenges anti-tax ballot proposals," January 6, 2010
69. ↑ 69.0 69.1 Associated Press, "Ballot measure opponents want information from tax foe Douglas Bruce about petition drive," April 24, 2010 (dead link)
70. ↑ The Gazette, "Sponsors of statewide ballot initiatives using "obstructionist" tactics, lawyer says," May 3, 2010
71. ↑ 71.0 71.1 The Gazette, "Douglas Bruce a no-show at campaign finance hearing," April 23, 2010
72. ↑ Associated Press, "Order sought to make tax activist attend hearing," May 4, 2010
73. ↑ The Gazette, "AG wants to compel Douglas Bruce to testify in campaign finance hearing," May 3, 2010
74. ↑ The Gazette, "Douglas Bruce must appear for deposition, district court says," May 11, 2010
75. ↑ The Gazette, "Attorney general's 23 attempts to serve Bruce come up empty," May 18, 2010
76. ↑ Associated Press, "Proponents on tax, fee measures on November ballot cite "Mr. X" as source," May 24, 2010 (dead link)
77. ↑ The Huffington Post, "Doug Bruce Identified By Ballot Initiative Backers As Man Behind Controversial Measures," May 24, 2010
78. ↑ The Gazette, "Witness ties Douglas Bruce to three ballot measures," May 24, 2010
79. ↑ Associated Press, "Tax petitioners: Not sure who's funding the effort," May 24, 2010
80. ↑ The Gazette, "Hearing lifts veil on campaign for disputed measures," May 26, 2010
81. ↑ The Denver Post, "Colorado has tried to serve Douglas Bruce 29 times," May 29, 2010
82. ↑ The Denver Post, "State asks judge for contempt motion; Bruce asks for hearing," June 19, 2010
83. ↑ The Gazette, "AG to file contempt motion today against Bruce," June 17, 2010
84. ↑ Associated Press, "State pursues sanction against anti-tax activist," June 18, 2010
85. ↑ Associated Press, "Judge considering sanctions against Bruce," June 23, 2010
86. ↑ The Gazette, "Judge cites Bruce for contempt of court," June 23, 2010
87. ↑ The Colorado Independent, "Denver judge rules in favor of motion to hold Bruce in contempt of court," June 23, 2010
88. ↑ The Gazette, "Bruce agrees to go before grand jury, avoids a 2nd contempt charge," June 29, 2010
89. ↑ The Daily Sentinel, "Bruce avoids a ‘perp walk,’ but discredits his initiatives," June 29, 2010
90. ↑ Associated Press, "Colo. Anti-Tax Activist To Testify At Grand Jury," July 1, 2010
91. ↑ Associated Press, "Colorado's tax iconoclast back in the spotlight," July 24, 2010
92. ↑ The Denver Post, "Douglas Bruce likely won't get jail time if guilty of contempt of court," July 26, 2010
93. ↑ The Gazette, "Bruce probably won't face jail time in contempt case," July 26, 2010
94. ↑ Associated Press, "Anti-Tax Crusader To Fight Contempt Allegations," July 26, 2010
95. ↑ Associated Press, "Douglas Bruce Hires High-Profile Lawyer Lane," August 9, 2010
96. ↑ Law Week Colorado, "Anti-Tax Activist Douglas Bruce Hires David Lane," August 9, 2010
97. ↑ Associated Press, "Douglas Bruce Not In Contempt But Must Testify," September 7, 2010
98. ↑ The Denver Post, "Bruce not in contempt, but judge says he must answer questions," September 7, 2010
99. ↑ The Durango Herald, "Bruce beats contempt charge," September 8, 2010
100. ↑ Associated Press, "Sponsors Of Anti-Tax Measures Appeal Court Order," July 27, 2010
101. ↑ The Gazette, "Ballot measures' sponsors appeal order to divulge financial backers," July 27, 2010
102. ↑ 102.0 102.1 The Denver Post, "Group claims Bruce illegally funded petition drives for anti-tax ballot issues," October 19, 2010
103. ↑ The Denver Post, "Judge hears case against Douglas Bruce group over ballot measures," December 15, 2010
104. ↑ The Denver Post, "Issue committee run by anti-tax activist Bruce fined $11,300," December 29, 2010
105. ↑ Westword Blogs, "Douglas Bruce, fined and MIA," December 29, 2010
106. ↑ The Denver Post, "Proponents of tax-slashing ballot measures claim Blue Book biased," August 30, 2010
107. ↑ The Colorado Statesman, "Legislative Council approves Blue Book language," September 3, 2010
108. ↑ 108.0 108.1 The Grand Junction Daily Sentinel, "Ballot measure opponents question signatures," December 10, 2009
109. ↑ State Bill Colorado, "Colorado Ballot Measure Opponents Question Signatures," December 11, 2009

v • e

2010 ballot measures

I&R States|

Alaska • Arizona • Arkansas • California • Colorado • Florida • Idaho • Illinois • Maine • Maryland • Massachusetts • Michigan • Missouri • Montana • Nebraska • Nevada • New Mexico • North Dakota • Ohio • Oklahoma • Oregon • South Dakota • Utah • Washington • Wyoming

Non I&R States|

Alabama • Georgia • Hawaii • Indiana • Iowa • Kansas • Louisiana • New Jersey • North Carolina • Rhode Island • South Carolina • Tennessee • Vermont • Virginia

Political topics|

(Certified topics only): Abortion • Administration of government • Affirmative action • Bond issues • Business regulation • Campaign finance • Civil rights • Constitutional conventions • Earthquakes • Education • Elections • Eminent domain • Energy • English • Firearms • Gambling • Government accountability • Healthcare • Hunting • Direct democracy measures • Insurance • Judicial reform • Labor • Law enforcement • Marijuana • Natural resources • Property rights • Redistricting • State budgets • Taxes • Term limits • Tobacco • Transportation • Veterans • Water

Other|

Scorecard • Petition drive deadlines • Polls • Litigation (Lawsuits) • Potential measures • Tuesday Count • Changes in 2010 to laws governing ballot measures • Official voter guides • Petition signature costs • 2010 ballot measure campaign websites • Certified but removed • Media endorsements • Not on the ballot

Post-election|

2010 analyses • 2010 election results • 2010 amendments to constitutions • Campaign contributions

v • e

State of Colorado
Denver (capital)

|

Elections |

What's on my ballot? | Elections in 2022 | How to vote | How to run for office | Ballot measures

Government |

Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy