DENVER — A Denver district court judge on Wednesday dismissed a last-minute lawsuit that sought to prevent Amendment 87, Colorado’s proposed graduated income tax measure, from appearing on the November ballot.
Judge says law protects voters’ petition signatures
Denver District Court Judge Heidi L. Kutcher ruled the plaintiff did not meet the legal burden required to invalidate the measure’s placement on the ballot. The suit, filed in September by a Republican activist, argued that dozens of paid petition circulators for Amendment 87 had not complied with state registration rules and that any voter signatures those circulators collected should be voided — a step the plaintiff said would leave the initiative short of the number of valid signatures required to qualify.
“The rights of the registered electors to participate through the petition process to have initiatives placed on the ballot is a fundamental right,” Judge Kutcher wrote in her ruling.
In her written decision, Kutcher concluded that Colorado law does not permit election officials to strike otherwise valid registered electors’ signatures simply because a paid circulator failed to meet registration requirements.
Defendants acknowledged some errors, but not enough to disqualify measure
Attorneys representing Amendment 87 proponents acknowledged during recent court proceedings that there were mistakes in the petition gathering process. But they said the evidence presented showed such errors were limited and did not materially affect the total of valid signatures.
Chris deGruy Kennedy, who leads the Bell Policy Center and has been prominent in the Amendment 87 campaign, said court filings showed at most 33 circulators could have had signatures disqualified — a number he and other proponents said was insufficient to remove the measure from the ballot.
“What we showed in the evidence today is that at most we're talking about 33 circulators having their signatures disqualified, and that is not enough to knock 87 off the ballot,” deGruy Kennedy said at a hearing earlier this week.
Secretary of State Jena Griswold praised the court’s review and urged Coloradans to cast ballots as they receive them.
“I appreciate the Court’s careful consideration of this matter, and look forward to voters making their voices heard on this question,” Griswold said in response to the ruling.
Opponents plan appeal; timing could affect pre-election litigation
The lawsuit’s attorney, Jason Dunn, said his clients disagreed with the ruling and intended to file an appeal with the Colorado Supreme Court. The appeal announcement indicates the dispute may continue to move through the courts in the weeks leading up to Election Day, potentially creating last-minute legal questions about what appears on Colorado ballots.
- Who filed the suit: a Republican activist challenging Amendment 87 signatures.
- Defendants: Colorado Secretary of State and proponents of Amendment 87, including the Bell Policy Center and New Era Colorado.
- Court outcome: Denver District Court dismissed the lawsuit; an appeal was announced.
What this means for voters and the campaign
The decision leaves Amendment 87 on the November ballot while legal challenges proceed. For voters, the ruling means the ballot language mailed and distributed by elections offices should remain unchanged unless a higher court orders otherwise. Campaigns on both sides will likely continue to mobilize, fundraise and advertise in the run-up to Election Day as the issue remains unresolved politically, if not yet legally.
| Issue | Status |
|---|---|
| Trial court ruling | Dismissed lawsuit; Amendment 87 remains on ballot |
| Number of circulators cited by proponents as possibly affected | 33 |
| Next legal step | Opponents plan to appeal to Colorado Supreme Court |
Supporters of Amendment 87 welcomed the ruling as a vindication of the petition process, while opponents signaled they would continue the fight in the state’s highest court. The dispute centers on the tension between enforcing technical rules for paid petition circulators and protecting the participatory rights of registered electors to place initiatives before voters.
With weeks to go before the election, the contested issue will remain a central point of debate in Colorado politics, subject to campaign messaging, grassroots organizing, and the potential for further legal rulings that could come quickly as courts consider any appeal.
Reporting for WE NEWS — Hannah Sorensen, State Correspondent.
