47.1%: Prop 136 trails late in race to cap state income tax

As of 11:55 p.m. on Tuesday, Proposition 136 stood at 47.1% in favor against 52.9% against, with roughly 72% of ballots counted. The result kept the measure in the "too close to call" category late into the evening.

Proposition 136 would permanently cap the Colorado state income tax rate at 4.4%. The current rate is already 4.4%, so the measure would not change tax bills immediately. Its primary purpose is to block the tax increases proposed in Amendment 87. If Amendment 87 passes, it would replace the flat tax with a six-bracket graduated system.

Advance Colorado, a conservative nonprofit, placed Proposition 136 on the ballot. The organization partnered with Colorado Dawn and Common Sense America to collect the required signatures. These groups spent hundreds of thousands of dollars on the campaign. They do not disclose their donors.

Amendment 87 was also too close to call as of 11:57 p.m. Tuesday. It had received more votes in favor than Proposition 136. The amendment seeks to raise taxes on households and businesses with earnings above $500,000 annually.

Liberal groups supporting Amendment 87 opposed Proposition 136. They argued the measure was designed to confuse voters. If both measures pass, they will conflict. Courts have historically ruled that the measure with the most votes prevails when two conflicting ballot measures are approved by voters.