Weiser opposes Amendment 87, claiming budget path is unclear

Phil Weiser, the Democratic nominee for governor, said Friday that he will not vote for Amendment 87, a ballot measure that would replace Colorado’s flat income tax with a graduated system. The candidate’s statement, released just days before the Tuesday election, places him on the opposite side of the state’s top tax policy fight from several prominent party members. Weiser, the two-term attorney general, argued that the destination of the new revenue is not clearly defined. He also cited the risk that the measure could conflict with Proposition 136, another ballot proposal that aims to cap the state income tax rate at 4.4%.

The current state law taxes all income at a flat rate of 4.4%. Amendment 87 would lower that rate for income under $500,000 and raise it for income above that threshold. If voters approve the measure, it is projected to generate $2 billion in the first year. The revenue would be earmarked specifically for K-12 education, health care, and early childhood care and education. For the vast majority of taxpayers, the amendment would result in a lower overall tax burden.

Weiser previously declined to take a public stance on the issue. He noted that as the sitting attorney general, he might have had to defend the measure in court. That legal path was resolved when the Colorado Supreme Court rejected an active lawsuit seeking to strike the amendment from the ballot on Friday. Despite his opposition, Weiser stated that if Amendment 87 passes, he would implement it effectively as governor. If it fails, he said he would work to build support for a different progressive income tax measure in the future.

The split in the Democratic Party over the tax overhaul is stark. Gov. Jared Polis, who is term-limited, has become one of the measure’s chief opponents. He has raised concerns that the increased tax burden could hurt the state economy. Business groups have largely joined the opposition, spending heavily to defeat the proposal. Conversely, U.S. Sen. Michael Bennet, Weiser’s primary opponent, announced his support for Amendment 87 in a video on Friday. Bennet argued the measure invests in schools, health care, and childcare, calling it a necessity for families.

The Colorado Democratic Party and all four Democratic members of the U.S. House of Representatives from the state back the measure. U.S. Sen. John Hickenlooper and former U.S. Sen. Ken Salazar have both appeared in ads opposing it. The financial commitment to the fight has been substantial, with millions of dollars spent on campaigns and outreach. Some of that spending has focused on text messages to voters that included a false claim that the amendment would raise taxes on veterans’ benefits and Social Security checks.

U.S. Rep. Jason Crow, an Aurora Democrat who supports the measure, criticized the use of veterans in the opposition messaging. Crow, a three-time combat veteran, said dark money special interests are using veterans as a political prop. He noted that the amendment would keep more money in the pockets of veterans and cut taxes for 97 percent of Coloradans. Polis was among those who initially pushed the claim that the amendment would end tax deductions for older people and veterans. He later walked back the statement, saying the outcome depends on a court’s interpretation. Backers of the measure called his original statement a blatant lie.

Weiser is a heavy favorite to win the governorship on Tuesday against Republican Victor Marx and other candidates. Marx also opposes Amendment 87. Both major candidates support Proposition NN, a separate measure placed on the ballot by the legislature. Proposition NN would allow the state to keep money collected above the revenue cap set by the Taxpayer’s Bill of Rights to pay for education. The election results will determine whether Colorado moves toward a graduated income tax structure or retains its current flat-rate system.