Proposition 136, which would cap Colorado’s income tax rate at 4.4%, is too close to call

A proposed Colorado ballot measure to establish a maximum state income tax rate of 4.4% was trailing late on election night, but remained too close to call.

On its own, Proposition 136 would not have any tangible effect on state taxpayers if it passes. The state income tax rate is already 4.4%, and in Colorado, taxes can’t be increased without voter approval.

Instead, the proposition is aimed at blocking the proposed tax hikes in another ballot measure, Amendment 87, from taking effect. That proposal, if it passes, would replace Colorado’s flat income tax with a graduated income tax system with six brackets. 

Proposition 136, brought by conservative political nonprofit Advance Colorado, was trailing 52.9% to 47.1% as of 11:55 p.m. Tuesday, with 72% of votes counted. 

Colorado Dawn and Common Sense America, two conservative political nonprofits that don’t disclose their donors, spent hundreds of thousands of dollars to collect signatures to get Proposition 136 on the statewide ballot.

If voters do approve both measures, they would be in conflict with one another. And historically, courts have held that if two conflicting measures pass, the one with the most votes takes precedence over the other.

As of 11:57 p.m. Tuesday, Amendment 87 was also too close to call. But it had received more votes in its favor than Proposition 136.

Amendment 87 seeks to implement graduated income tax brackets that would raise taxes on households and businesses earning more than $500,000 a year. The liberal groups supporting Amendment 87 opposed Proposition 136, arguing that it was designed to confuse voters.

Colorado Sun staff writer Jesse Paul contributed to this report.

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