Colorado Proposed Constitutional Amendment Sparking Court Battles and Big Fundraising

Colorado Amendment 87 League of Women Voters ad

A constitutional amendment proposal on Colorado’s ballot next week has significantly energized supporters and opponents and is getting as much attention as a concurrent governor’s race and a U.S. Senate contest.

Colorado Amendment 87 is historic in its scope, calling for replacing the state’s current flat income tax with a graduated income tax system.

In doing so, state taxes would be determined based on taxpayers being subject to different taxes on different portions of their earnings.

The ballot language for the proposal states that if approved, Amendment 87 would see state taxes increased by some $2.7 billion annually, revenue which will then be used to fund a wide variety of public services, including “public school education, health care, and early childcare and education services.”

But what seems like a straightforward proposal has sparked the opposition of a large number of Colorado public officials, including Democrat Governor Jared Polis, who has characterized it as a “huge blank check to politicians” that will ultimately “cripple our economy and reduce jobs.”

In an interview broadcast on Denver television station KMGH, Polis said that if Colorado ends up with a higher tax rate than its neighbors because of Amendment 87, “We can’t compete for business. It’s game over. We will not be able to attract new employers to Colorado if the voters adopt this.”

A group called Protect Colorado’s Future, on the other hand, has said that if Amendment 87 is successful, roughly 97% of the state’s residents would realize a tax cut, noting that “giant corporations and households earning over $500,000” would see a tax increase.

Signs put out by the group say simply: “You Pay Less. They Pay More.”

The proposal has sparked not just angry pro and con commercials, but a court battle with opponents charging that signatures on the petition putting Amendment 87 on the ballot were fraudulent.

In response, a Denver District Court Judge ruled that the question could not be removed from the state ballot, while opponents have vowed to take the matter to the Colorado Supreme Court.

As of early October, according to state records, proponents of Amendment 87 have spent around $1 million in the campaign, with opponents raising some $3.6 million.

October 30, 2026

By Garry Boulard

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