Colorado High Court Keeps Wealth Tax On Ballot
The state Supreme Court ruled Friday that over 130,000 signatures supporting Amendment 87 were valid, allowing the measure to proceed to voters in November.
By Ivan Mori ·
Colorado voters will decide this November whether to raise taxes on high earners, after the state Supreme Court rejected a final legal challenge against the measure. The court issued a one-page ruling on Friday that affirmed a lower court's decision, keeping Amendment 87 on the ballot despite a lawsuit filed by an Arapahoe County resident.
Michael Andre Hancock, the plaintiff, had argued that violations occurred during the signature gathering process. He sued Secretary of State Jena Griswold and proponents of the amendment, including Chris deGruy Kennedy of the Bell Policy Center and Kiyana Newell of New Era Colorado. Hancock's lawsuit, filed in September, challenged how the Secretary of State reviewed the collected signatures. A Denver judge had already rejected Hancock's attempt to nullify the votes cast on the ballot question the previous week.
The Supreme Court stated in its brief order that it would issue a full opinion in due course. The decision stands on the premise that the more than 130,000 signatures submitted were valid. In the state, a ballot measure requires signatures from 5% of the total votes cast in the prior general election's Secretary of State race to qualify.
Chris deGruy Kennedy, co-chair of Protect Colorado's Future, defended the campaign's handling of the petition. He admitted to administrative oversights during the initial registration of a small number of paid circulators but stated that the campaign fully disclosed every paid circulator after the petitions were turned in. He described the group as substantially complying with the law. DeGruy Kennedy criticized the lawsuit as an attempt by dark-money-funded lawyers to deprive voters of their choice.
Jason Dunn, an attorney for Hancock, called the ruling disappointing. He argued that the decision leaves a system with little accountability for those who collect signatures and fail to follow the rules. Secretary of State Griswold expressed appreciation for the court's quick affirmation that the amendment was rightly certified to the ballot.
Amendment 87 proposes a graduated tax rate structure. Individuals and small businesses earning less than $500,000 per year would see a drop in their state income taxes. Taxes would rise for those earning above $500,000. Any revenue generated from this change would go to the Colorado Futures Account, a proposed fund dedicated to public education, healthcare, and early child care programs.
The measure is distinct from Proposition 136, another ballot item that would cap individual and corporate taxes at 4.4%. If voters approve both measures, the tax rates in Amendment 87 would exceed the limit set by Proposition 136. The 2026 Blue Book notes that the state legislature or a court will have to resolve any conflicts if both pass, as the exact outcome remains unclear.
