Next week's election is a pivotal one for Colorado, as voters will decide a pair of ballot questions that could secure the state's low-tax, small-government reputation—or shatter it.
Confusingly, there is a slim possibility that they decide to do both. More on that in a moment.
The two competing ballot measures could hardly be more different. The first, Proposition 136, would cap individual and corporate income taxes at 4.4 percent—the state's current flat rate.
The other, Amendment 87, would rewrite the state's constitution to allow for a progressive income tax. It would also set new rates, ranging from 7.4 percent on income over $500,000 to 8.4 percent on income over $1 million. And it would offer a modest tax cut to the lower end of the income spectrum: Individuals earning less than $100,000 would pay 4.2 percent, while those earning less than $25,000 would pay 3.7 percent.
Even with those offsets, Amendment 87 would be a massive tax increase. Both advocates and opponents agree that it would generate about $2–3 billion in additional annual revenue for the state government.
For now, the higher tax rates created by Amendment 87 would only apply to incomes over $500,000. Unsurprisingly, supporters of the measure are framing this as an opportunity to make the wealthy "pay their fair share."
There are two reasons why that argument is a bit deceiving.
As Jared Walczak, a senior fellow at the Tax Foundation, points out, "the new rates would be statutory, while the authorization for a graduated-rate tax would be enshrined in the constitution, permitting the legislature to adjust rates later." Lawmakers would not have to get permission from the voters to make those changes, so Coloradans would be trading away their flat income tax for a new model where income taxes could be hiked by the legislature at any time.
Second, the new rates are not indexed to inflation. As a result, "a household making $450,000 a year in today's dollars would be moved into a higher tax bracket within eight years if their earnings increased by 3% annually," reportsThe Colorado Sun, which crunched the numbers. Such "bracket creep" would also push more workers over the $100,000 threshold, nullifying the small tax cut for workers making less than that.
Politically, the progressive income tax proposal is dividing Democrats. The Colorado Democratic Party has endorsed Amendment 87 (along with many of its usual allies, like the AFL-CIO and the state's largest teachers union).
But Democratic Gov. Jared Polis has called the proposal "a huge blank check to politicians" that will "cripple our economy and reduce jobs."
In comments to a Denver TV station, Polis also highlighted how higher taxes in Colorado would make the state less competitive with its neighbors. "Utah has a very similar tax rate to what we have. If ours is double, we can't compete for businesses," Polis told Denver7. "It's game over. We will not be able to attract new employers to Colorado if the voters adopt this."
It's not just Utah. If the amendment passes, Colorado would have a significantly higher top income tax rate than any of its neighbors. (The current highest in that group is New Mexico, with its top rate of 5.9 percent.)
Under Colorado law, constitutional amendments typically need 55 percent approval to pass. However, Amendment 87 requires only a simple majority* because it technically repeals provisions in the constitution, rather than adding new ones. Similarly, Proposition 136—the one that would cap the income tax rate at 4.4 percent—requires just a simple majority.
It is possible, though unlikely, that both could pass. That would create a conflict, since the state's income tax can't be capped at 4.4 percent and also hiked to more than 7 percent on incomes over $500,000.
If that happens, the ballot question with the larger share of support would win, per state law. "In short, that means Amendment 87 would need to both win majority support from voters and surpass Proposition 136 in total votes to go into effect," explains the Denver Post, which has encouraged residents to vote against both ballot measures.
Accordingly, Proposition 136 must win majority support from the voters and surpass Amendment 87 (which needs 55 percent to pass, don't forget) to be implemented.
It is all a bit confusing, but the outcomes are worth watching. Colorado has long been a bit of an outlier among "blue" states for its relatively low taxes and booming population. It's now up to the voters to decide if that remains true.
*CORRECTION: This article incorrectly described how Amendment 87 could be passed into law.
"The long-term goal is to achieve statehood and autonomy," says Kymone Freeman, the Green Party candidate for Washington, D.C.'s nonvoting delegate seat in the U.S. House of Representatives. "The short-term leverage to achieve that is tax resistance."
Like many D.C. locals, Freeman believes it's unfair that residents of the nation's capital pay federal income taxes without a voting representative in Congress. Freeman has made it a key plank in his policy platform that D.C. residents should be exempt from paying federal income tax until the district is granted statehood. "We're celebrating the 250th anniversary of America's resistance to taxation without representation, so I think it's time," says Freeman. The nation's capital is a federal district, not a U.S. territory like Guam, Puerto Rico, and the U.S. Virgin Islands, so D.C. residents are still subject to federal income tax requirements.
Federal district or not, imposing income taxes on D.C. residents without representation would likely offend America's Founders, who met in New York in October 1765 and proclaimed that it is "inseparably essential to the freedom of a people…that no taxes be imposed on them, but with their own consent, given personally, or by their representatives." Taxation is a form of theft. Compounding the issue, D.C. residents have little recourse to challenge their tax burden.
The U.S. is the only democratically governed nation to withhold voting representation from citizens living in its capital. Worse, local officials—such as the city's mayor and the D.C. Council—must solicit congressional approval for the district's budget and laws with little more than a figurehead serving as their lone representative in the federal legislature. Reason's analysis of the Internal Revenue Service's latest available adjusted gross income data shows that D.C. tax filers paid more federal income tax per return than residents in any other state, about $26,900, compared to a national average of roughly $14,300.
While that's partly because the city has many high-income earners, data show that excluding those in the city earning over $1 million, D.C. residents still paid more in income tax per return than filers in any state, about $16,500 compared to $8,900 nationally.
"We don't have a system where public policy is determined by public input because of the status quo," says Freeman. But challenging that status quo has proven difficult, as Congress resists attempts to make D.C. the 51st state. In 2021, the House of Representatives passed a party-line bill sponsored by Del. Eleanor Holmes Norton (D–D.C.) to establish D.C. as the 51st state. It later died in the (barely) Democratically controlled Senate.
Democrats once opposed D.C. becoming the 51st state; however, they've since warmed to the idea, unlike Republican lawmakers at the federal level, who have been reluctant to support statehood for D.C., viewing it as a move that would give Democrats an electoral stronghold. That argument has some truth: No elected Republicans serve on the D.C. Council. The city hasn't had a Republican mayor since its local government was established, and the district has reliably voted for a Democrat in every presidential election since 1964.
Even though Republicans at the national level do not support statehood for D.C., the District's local GOP does support ending taxation without representation. Denise Rosado—the Republican candidate for D.C.'s delegate seat—thinks statehood for the district is "unlikely" and "undesirable." That hasn't stopped her from campaigning for an end to federal income taxes in D.C., an outcome she claims can be "accomplished quickly."
That's doubtful given Congress' pace. Still, there's no logic in making statehood a prerequisite to abolishing the federal income tax requirement for district residents.
Today's guest is Ted Brown, the Libertarian Party candidate for U.S. Senate in Texas. Brown is facing off against Republican Ken Paxton and Democrat James Talarico in a closely contested race. Brown received more than 267,000 votes in his 2024 Senate campaign and is now challenging both major parties on their commitment to individual liberty. He argues that Republicans have abandoned limited government while Democrats increasingly embrace economic policies that undermine the free market.
Nick Gillespie talks with Brown about Paxton's corruption scandals, Talarico's hostility toward billionaires, and why Texas ranks poorly on personal freedom despite its business-friendly reputation. Brown makes the case for returning to an Ellis Island–style immigration system, cutting federal spending to confront the $40 trillion national debt, and ending America's military involvement in the Middle East. They also discuss abortion rights, government surveillance, online age-verification laws, and how regulations drive up the cost of healthcare. Brown explains what it will take to rebuild the Libertarian Party and why he believes a senator could accomplish more by stopping bad legislation than by passing new laws.
Representative Mike Lawler campaigning this month in Briarcliff Manor, N.Y. Mr. Lawler, a Republican, has made the higher federal cap on the state and local tax deduction central to his political identity.
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