Lawsuit Challenged Colorado Tax Amendment Ballot Status
A new legal filing seeks to block Amendment 87 from the November ballot by contesting signature requirements.
Updated on Sept. 18, 2026 in Taxes
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A lawsuit filed in Denver County District Court on September 16, 2026, alleges that Amendment 87, a proposed graduated income tax measure, failed to meet signature requirements for the November 3 ballot. The challenge argues that nearly 10,000 signatures certified for the initiative are invalid.
Why it matters
The outcome of this legal challenge determines whether Colorado voters will decide on a shift from the current 4.4% flat income tax rate. If the court finds the signature collection process insufficient, the ballot measure could be removed before the election.
The lawsuit contests the certification of 9,849 signatures that allowed Amendment 87 to proceed. This measure proposes changes to Colorado's existing 4.4% individual and business flat income tax rate.
The players
Secretary of State
The state official responsible for certifying ballot measures and overseeing election administration.
Denver County District Court
The judicial venue currently reviewing the legal challenge regarding the validity of ballot initiative signatures.
The details
The plaintiffs argue that the signatures counted toward the requirement to place the measure on the November 3 ballot should have been excluded. The lawsuit aims to bar the Secretary of State from including Amendment 87 in the upcoming election. If the court agrees that these signatures are invalid, the state may be required to remove the proposed tax amendment from the ballot entirely.
Timeline
September 16, 2026: The lawsuit was filed in Denver County District Court.
November 3, 2026: The measure is currently scheduled for the state election ballot.
Money Landscape
This lawsuit places a procedural check on proposed changes to Colorado's 4.4% flat income tax. The challenge forces a judicial review of the democratic process required to alter long-standing state tax policy.
Colorado households should monitor the status of Amendment 87 as the November 3 election nears. Consult a tax professional to understand how your local tax obligations might evolve if the state moves toward a graduated income tax model.
The takeaway
The ballot status of this tax measure remains uncertain as the court reviews the validity of the signature collection process. Voters should track the final list of approved ballot initiatives before casting their vote on November 3.
Further reading
For more on state tax policies, see Taxes.
Live Poll
Should voters in your state have the final say on proposed changes to income tax structures?
