Opinion | Wisor: The truth about TABOR and a new ballot initiative
In his column published on May 10, Mark Lewis asserts that “This fall, voters will likely be asked to effectively dismantle TABOR …” I disagree. What the voters will be asked to do is to approve taxes and the collection and spending of revenues that would otherwise be refunded to taxpayers.
The Taxpayer’s Bill of Rights (also known as TABOR) is a provision of the Colorado Constitution applying to the state and local governments. TABOR requires prior voter approval for tax or debt increases and the collection and spending of government revenues above the formula set forth in TABOR. With respect to the November 2026 election, there are only two proposals that may reach the ballot concerning TABOR.
A citizens’ initiative, 195, seeks voter approval for a graduated income tax to replace the current flat income tax of 4.4%. This initiative has been approved by the State Title Board and the Colorado Supreme Court and proponents are in the process of collecting signatures to get the measure on the ballot. Initiative 195 amends TABOR to eliminate a requirement that income be taxed at a flat rate. Initiative 195 also exempts the new revenue from the proposed graduated income tax from the state revenue and spending limits created by TABOR and requires the revenue to be spent on K-12 education, health care and early child care and education.
The Colorado General Assembly is still in session as I write this, but it appears likely that SB26-135 will pass. This bill will ask Colorado voters to approve a ballot question allowing the state to retain and spend revenue in excess of the state’s current TABOR limit. The excess revenue will be used to increase state spending on K-12 education by 2% each year for the next 10 years.
While there will certainly be debate about whether these are the right choices for Colorado, Initiative 195 and SB26-135 are far from dismantling TABOR as prior voter approval will continue to be required for government tax or debt increases and the collection and spending of government revenues above certain amounts. In fact, these two proposals do exactly what TABOR requires — seek voter approval for increased taxes and for collection and spending of government revenues above the formula established by TABOR.
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There are 1,747 words in TABOR. Initiative 195 eliminates 13 of those words to change the requirement that all income be taxed at a flat rate.
Dee Wisor
Eagle
