Colorado Politics

Colorado legislators deny move to delete ‘tax increase’ language in ballot title in statewide publication

Colorado legislators on Thursday rejected an attempt to change the title of a ballot measure in a widely disseminated publication in order to avoid mentioning that it would result in a tax increase for households with incomes above $300,000 a year.

The proponent of the change argued that keeping “tax increase” in the measure’s title would suggest that everybody’s taxes are going up. Legislators who balked at the move said the proposal, indeed, increases taxes — and policymakers should not hide that fact.

At issue is Proposition MM, which seeks to raise $95 million more for a school lunch program offered free to all K-12 students. Voters had approved the program in 2022, but it has run in the red from the beginning, given that every public school child can now receive a free breakfast and lunch, regardless of income.

Lawmakers had been scrambling to fill that funding gap in the last two years. They have since decided to ask voters to raise the tax liability of residents earning above the $300,000 threshold. That proposal is already slated for this November’s ballot.

In last month’s special session, the General Assembly tweaked Proposition MM to help pay for the federal food stamp program, which is expected to shrink following work requirements — among other changes — adopted by Congress.

The original school meals proposal, 2022’s Proposition FF, sought a tax increase on households with incomes above $300,000 per year.

The 2022 Blue Book estimated the program would raise about $100 million, but costs have come higher than the estimate, about $24 million more in 2023-24 and $50 million the following year.

But the state government is held to that $100 million figure, so lawmakers sent two ballot measures to the November election to cover those extra costs.

Proposition LL will allow the state to retain and spend revenue above the $100 million mark.

Proposition MM would reduce certain “add-back” deductions for people earning at least $300,000 from $12,000 to $1,000, increasing their tax liability. That, in turn, brings in more state revenue.

The tweak from the General Assembly on Proposition MM would allow any revenue left over to help pay for the Supplemental Nutrition Assistance Program or SNAP.

During a Legislative Council meeting on Thursday, Rep. Lorena Garcia, D-Adams County, sought an amendment to change the title of Proposition MM in the Blue Book to “reflect the purpose of the question.”

That amendment would take out any references to a tax increase.

Garcia is one of the sponsors of both the 2025 legislation and the special session bill.

Disseminated statewide, the Blue Book contains detailed information on each ballot measure, including an analysis and the major arguments for and against it. The publication is mailed to every household with a voter.

The current title of Proposition MM in the Blue Book is “Increase State Taxes for School Meals and Food Assistance.”

That’s misleading, Garcia said, adding that all voters will think their taxes are being increased. She argued that the language of the ballot measure isn’t reflected in the title.

Ballot measure titles are not included in legislation, either during the special session or during the regular session.

“This is our only opportunity” to amend the title, she said.

Under her proposed change, the new title would be “Access to Healthy Food for Colorado Kids and Families.”

Senate Minority Leader Sen. Cleave Simpson, R-Alamosa, said it isn’t appropriate to bring another amendment when the legislature had just worked on the ballot measure in a bill passed during last week’s special session.

The title only appears in the Blue Book, not on the ballot, Garcia replied.

To change the title seems deceiving, said Sen. Janice Rich, R-Grand Junction.

“You need to tell the truth to the citizens of the state and this is a tax increase,” added Assistant Minority Leader Sen. Lisa Frizell, R-Castle Rock.

“It adds clarity and value,” Assistant Majority Leader Sen. Faith Winter, D-Westminster, also said. “We aren’t hiding that it’s a tax increase.”

That fact is in the language on the ballot, as well as in the Blue Book, Winter said.

Titles catch people’s eyes, said Assistant Minority Leader Rep. Carlos Barron, R-Fort Lupton. People will read the whole thing because of the heading, he said.

The change requires a two-thirds vote, or 12 of the 18, of Legislative Council for approval. That meant at least one Republican had to vote in favor of the title change.

The vote on the amendment fell along party lines, 11-7, and the amendment failed.


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