Douglas County GOP slams Bob Marshall over TABOR refund vote

A Highlands Ranch lawmaker is now at the center of a fight that could keep billions of dollars out of Colorado taxpayers’ hands and move the money into state spending, including K-12 education and the general fund. The Douglas County Republican Party is slamming Rep. Bob Marshall, a Democrat who represents House District 43, over his support for a proposal that would weaken TABOR refunds.

Under TABOR, Colorado’s 1992 taxpayer protection, state revenue growth is capped and money collected above the limit is supposed to be returned to taxpayers. Those refunds have come back in several ways, including income-tax reductions, sales-tax refunds and county property-tax reimbursements. The proposal moving through the Capitol would change that by letting the state keep billions of dollars that otherwise would have gone back to households and use the money for K-12 education.

The Colorado Senate gave preliminary approval on April 24 to a ballot measure that would redirect about $2 billion over 10 years. One nonpartisan analysis said roughly 75% of the diverted money would not go directly to schools at all, but instead would flow into the state general fund for lawmakers to spend as they choose. If voters approve the measure, it would effectively eliminate TABOR refunds for the next decade.

The wallet impact is immediate for Douglas County families. Instead of a refund, that money would stay in state government. Colorado voters were already expected to receive a TABOR refund this spring through a sales-tax refund on 2025 tax returns, due in April 2026. Gov. Jared Polis’ 2026-27 budget proposal also recommended withholding $306.1 million in refunds in both 2026-27 and 2027-28, saying the state overpaid refunds in 2025-26 because federal tax-law changes changed how revenue was calculated.

The numbers themselves remain in dispute. The state auditor certified a $296 million TABOR refund for fiscal year 2024-25 based on law as of June 30, while the state’s annual comprehensive financial report later put the figure at $306 million. Budget analysts said that higher figure no longer reflected current reality after federal changes.

For Marshall, the politics are especially sensitive. He represents Douglas County, where TABOR remains a powerful issue, and voters there have twice rejected similar attempts to trade away refunds for policy goals, including Proposition HH in 2023 and a comparable education and property-tax measure in 2019. With the General Assembly scheduled to adjourn May 13, the vote has become a test of whether Douglas County lawmakers are seen as defending taxpayer rebates or backing a larger state take.