Weiser Opposes Amendment 87 After Supreme Court Ruling

Denver, CO, Oct 30: Colorado Attorney General Phil Weiser announced Friday evening that he opposes Amendment 87, the graduated income tax measure appearing on the November ballot. Weiser, the Democratic nominee for governor, released a statement explaining his position after the Colorado Supreme Court finalized its ruling on the measure's qualification for the ballot.

Amendment 87 would replace Colorado's flat 4.4% income tax with a system of six brackets. The proposal cuts taxes on individuals and businesses earning less than $500,000 while raising rates on those earning more. If passed, the measure is projected to generate an estimated $2 billion annually for healthcare, K-12 education, and childcare. It would mark one of the largest changes to the Taxpayer’s Bill of Rights since its adoption in 1992.

Weiser stated he supports a progressive income tax but believes Amendment 87 is the wrong approach for two specific reasons. First, he cited the risk of a conflict with Proposition 136, a countermeasure that would cap the income tax at the current flat rate. Weiser warned that if both measures pass and Proposition 136 receives more votes, courts might block the tax increases while allowing the tax cuts to stand. He estimated this scenario could reduce state revenue by $600 million. Proponents of Amendment 87 argue the tax brackets are designed to take effect in their entirety or not at all, meaning the tax cuts would also vanish if the higher rates are blocked.

The second concern Weiser raised is that the amendment lacks a clear plan for how the new revenue will be spent. He said revenue increases need a clear picture of expenditure. Weiser added that if the measure passes, he will implement it effectively. If it fails, he will work as governor to build support for a different progressive income tax measure.

Weiser is one of few high-profile Democrats to oppose the proposal. Current Governor Jared Polis, U.S. Senator John Hickenlooper, and former Ambassador Ken Salazar also oppose it. U.S. Senator Michael Bennet, who lost the Democratic primary to Weiser, announced Friday that he supports Amendment 87. The measure also has the backing of U.S. Representatives Brittany Pettersen, Joe Neguse, and Jason Crow, as well as outgoing Representative Diana DeGette and Treasurer Dave Young. All four Democratic members of the state legislature’s Joint Budget Committee support the amendment.

The qualification battle concluded Friday when the Colorado Supreme Court ruled that the question met signature requirements. Chris deGruy Kennedy, co-chair of the Protect Colorado’s Future campaign, said courts have twice confirmed that more than 130,000 signatures count. A coalition of liberal advocacy groups, including the Bell Policy Center and the Colorado Fiscal Institute, backs the measure. Conservative and business groups oppose it, arguing the tax increases will harm the state economy and eliminate jobs.