Colorado Supreme Court rules Amendment 87 will stay on ballot, votes will count

The Colorado Supreme Court has rejected a lawsuit that attempted to throw out voter signatures that put Amendment 87 on the ballot. Instead, the justices ruled that Amendment 87 will stay on the ballot and the votes cast on the measure will be counted.

The ruling upholds a Denver District Court ruling that rejected an attempt to throw out voter signatures for the graduated income tax measure. 

In its order, the court stated: The District Court's October 21, 2026 Order rejecting Appellant's Verified C.R.S. § 1-40-118(1) Protest and Complaint is AFFIRMED.  Votes cast on Initiative 2025-2026 # 195 (also known as "Amendment 87") shall be counted. The Court will issue an opinion in due course. 

The lawsuit, filed by Advance Colorado, revolved around allegations that some circulators had not fully completed a five-step registration process. The Colorado Secretary of State's Office argued in court that those oversights were not grounds for rejecting valid voter signatures. 

Under Amendment 87, individuals and businesses that have incomes of over $550,000 a year would pay a tax increase. According to Colorado Department of Revenue data, 3% of individual taxpayers fall into that category, and 5% of businesses do as well.

The ballot measure changes the Taxpayer Bill of Rights, or TABOR, which says all net income must be taxed at the same rate and instead creates different tax rates for different income levels.

• $25,000 or less would be taxed at 3.7%
• $25001 to $100,000 would be taxed at 4.2% 
• $100,001 to $500,000 would be taxed at 4.4%
• $500,001 to $750,000 would be taxed at 7.4%
• $750,001 to $1 million would be taxed at 7.9%

And any income above $1 million would be taxed at 8.4%, which is nearly double the current rate. State analysts estimate anyone making below $550,000 would see a tax cut of $175 to $325 per year. Anyone making above $550,000 would see a tax increase of $1,175 to $55,925 per year. 

All the additional tax revenue would be exempt from the state's current spending cap and could only go to programs related to K-12 education, health care, and childcare.  

Supporters say the measure creates a fairer tax code by aligning rates with taxpayers' financial means, while also helping fund public services as the state faces budget shortfalls.

Opponents note the state budget has grown 72% over the last 10 years as taxes have climbed by nearly $20 billion.   

Advance Colorado had previously stated this about Amendment 87, "In 2025, Colorado ranked as the third most expensive state to live in. Higher taxes on businesses and top earners would likely drive out higher-income residents, making the state even less affordable. While framed as a "tax the rich" initiative, it's ultimately designed to significantly expand overall government revenue and spending without voter approval after its passage."