MAINE FORECAST: TABOR is a fraud — it will not cut your taxes

TABOR / Question 1  WILL NOT CUT TAXES

TABOR will prohibit the Legislature from ever accomplishing comprehensive tax reform.

Tax reform is difficult enough, compliance with TABOR would make it virtually impossible. The comprehensive reform of Maine’s tax code requires a rebalancing; that is, one type of tax must be reduced and another type of tax must be increased to achieve a more equitable balance among the various tax sources. TABOR prohibits the Legislature from increasing any tax (either by rate or by base) or removing any existing tax exemption without a statewide vote, even when that increase (or lifting of an exemption) is part of a comprehensive tax reform effort.

Furthermore, the Maine TABOR does not require super-majority voting and voter approval for new tax exemptions. The supporters of TABOR apparently believe that the granting of special interest tax breaks for well-heeled lobbyists (e.g. repeal of personal property tax) is just fine and the voters don’t need to be consulted about that.

In effect, TABOR condemns Maine to its current, seriously unbalanced tax code.

TABOR / Question 1  TAKES CONTROL AWAY FROM LOCAL TAXPAYERS

TABOR supporters do not trust citizens to make decisions at a town meeting.

Home rule is more than the right of a local legislative body to make local decisions, it is also the right of that local legislature to decide how it will make those decisions – how it will govern itself -- within a range of acceptable procedures. TABOR imposes a one-size-fits all system on local communities. Communities currently have the ability to adopt spending restrictions or require certain voting procedures through local ordinance or charter. Approximately 2% of Maine’s municipalities and 33% of Maine’s school administrative units currently adopt their budgets through a required referendum process. Specially weighted voting procedures are sometimes required by municipal charters before a town or city council can enact an “emergency” (i.e., immediately effective) ordinance or revenue change. Maine’s citizens on the local level have ample opportunity to construct their own governance procedures. By imposing a one-size-fits-all system on all Maine’s local town meetings, the supporters of TABOR make it very clear that they have no faith in home rule or local citizens to govern themselves.

TABOR mandates overbearing voting procedures and anti-democratic policies.

For many municipalities, schools and counties, TABOR will require a two-step process in order to enact the local budget or create or increase any fee. The first step is a two-thirds “supermajority” vote of the legislative body (city council/town meeting). The second step is a mandated town or city-wide referendum vote.

Specifically, for any municipal budget that either:

• exceeds its growth allowance; or
• raises the property tax rate; or
• increases the property tax base; or
• creates a new fee; or
• increases an existing fee

…the town meeting will have to approve the budget by a two-thirds vote and then a town-wide referendum vote must be held. These referendum votes must be preceded by a mailing to all residents that includes detailed financial information covering an eight-year period and 500-word commentaries both supporting and opposing the proposed referendum.

Voters in most municipalities believe they are capable of deciding for themselves what voting procedures are the right procedures for their community. They have every right under current law, for example, to establish referendum-voting requirements if they believe they are necessary.

Proponents of TABOR repeatedly state that the issue is about including people in tax and spending decisions. Yet, the super-majority provisions in TABOR empower a small minority to block the involvement of the voters entirely. Apparently, the people only need to be heard on an issue if a small minority of naysayers agree.

The fact that most communities have chosen not to adopt anti-democratic “super majority” voting procedures should not be overrun by statewide referendum.

TABOR / Question 1  GIVES AUGUSTA TOTAL CONTROL – LAWMAKERS CAN CHANGE IT OR EVEN IGNORE IT.

This is No Colorado TABOR – It establishes no enforceable limits on state spending.

Maine TABOR proponents claim that the initiative would establish limits on state spending practices and point to Colorado as evidence of success. Maine TABOR proponents also claim that they amended the Colorado version of TABOR to make it work better by removing the so-called “ratchet down” effect. What the Maine TABOR proponents don’t tell you is the radical way they amended the Colorado version of TABOR with respect to restrictions on local government. They also don’t tell you that none of the state government restrictions are legally enforceable. It is only through Maine’s Constitution that legally enforceable spending limits can be established for the Maine Legislature. The Colorado TABOR law is based in Colorado’s Constitution, not its regular, statutory law. Whenever the Maine Legislature wants to ignore the Maine TABOR, it could do so.

Furthermore, the Attorney General has indicated that portions of TABOR would be unconstitutional as applied to the State.

Read the Maine’s Sunday Telegrams analysis of TABOR’s authority over state spending.

TABOR / Question 1  IS UNCONSTITUTIONAL

In an April 5th 2006 letter to Speaker John Richardson, Maine’s Attorney General stated clearly that TABOR would violate Maine’s Constitution.  In the letter, Steven Rowe pointed out Article IX, Section 9 of the Maine Constitution which says simply:

The Legislature shall never, in any manner, suspend or surrender the power of taxation.

The letter goes on to say:

“we believe that a court would likely conclude that the procedural limitations in the TABOR initiative requiring a 2/3 vote in each house of the Legislature as well as statewide voter approval for enactment of  any measure to increase state revenue violate several provisions of  the Maine Constitution.”

Read Maine’s Attorney General Steven Rowe’s analysis of the constitutionality of TABOR.

TABOR / Question 1  IS SPONSORED BY THE SAME NATIONAL AND FAR-RIGHT SPECIAL INTERESTS THAT RETURNED US TO SKY-HIGH DEFICITS, FAILED TO FIND WEAPONS OF MASS DESTRUCTION IN IRAQ, AND LED THE INCOMPETENT RESPONSE TO HURRCIANE KATRINA.

A recent Sun Journal article describes in detail the national groups funding TABOR ballot initiatives in Maine and throughout the country. Read why TABOR is a national strategy being pushed in Maine by individuals who are not concerned with the interests of Maine citizens: http://www.sunjournal.com

A recent Portland Press Herald article describes Newt Gingrich speech supporting TABOR at recent Maine Heritage Policy Center function: http://pressherald.mainetoday.com

Last week, PBS aired an episode of NOW which investigated who is funding spending cap initiatives in states all across the US as well as the questionable tactics used to get these initiatives on the ballot. The special investigation strongly counters TABOR proponents' arguments that TABOR is a homegrown initiative. The special investigates exactly where these ballot initiatives come from and specifically links Maine's TABOR and similar ballot measures around the country to conservative New York billionaire, Howard Rich. Please view this special investigation online at: http://www.pbs.org

Learn why TABOR is a national strategy being pushed in Maine by far right individuals who are not concerned with the interests of Maine citizens.

Read a Washington Post article reporting on Americans for Tax Reform Director Grover Norquist's frequent visits to the White House and access to the President. http://www.washingtonpost.com/wp-dyn/content/article/2006/09/21/AR2006092100179.html