Judge Reviews Colorado Income Tax Ballot Measure
A court hearing addressed allegations regarding signature collection validity for a proposed income tax reform.
Updated on Oct. 20, 2026 in Taxes

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Judge Heidi Kutcher heard 10 hours of testimony in a lawsuit challenging the petition signatures gathered for Colorado's proposed Amendment 87. The initiative seeks to implement a new six-tier income tax system across the state.
Why it matters
The lawsuit centers on whether petition circulators were properly registered, a requirement plaintiffs argue is essential to maintain the integrity of ballot initiatives. A ruling could determine if the measure reaches voters.
Amendment 87 proposes tax hikes for income over $500,000 and cuts for earnings under $100,000. While defendants claim 95% of circulators completed training, plaintiffs contend 69 were not properly registered.
The players
Heidi Kutcher
She is the presiding judge in the Denver District Court responsible for overseeing the legal challenge to the ballot measure.
Secretary of State's Office
This is the state government agency responsible for overseeing elections and verifying the registration status of petition circulators.
The details
Plaintiffs requested the invalidation of signatures collected by circulators they allege failed to meet state registration requirements. The court hearing in the Denver District Court examined these collection procedures over the course of 10 hours.
Timeline
October 19, 2026: Judge Heidi Kutcher heard testimony in court.
October 21, 2026: Judge Heidi Kutcher will issue a ruling.
Market Dynamics
This initiative represents a proposed structural update to the state's tax code that would operate alongside the constraints established by existing constitutional provisions. The case underscores the rigorous legal and procedural hurdles facing major fiscal ballot measures.
If Amendment 87 qualifies for the ballot and is approved, taxpayers earning over $500,000 would face higher tax rates, while those earning under $100,000 could see tax decreases. Residents should monitor the upcoming ruling to determine if this tax restructuring remains a possibility for the state.
The takeaway
Ballot initiative integrity cases often hinge on specific compliance with state registration requirements for circulators. Voters should remain aware that legal challenges to signature collection processes can significantly alter the upcoming electoral choices.
What happens next
Judge Heidi Kutcher is scheduled to deliver a ruling on the validity of the Amendment 87 petition signatures on October 21, 2026.
Further reading
Learn more about local fiscal policy developments on the Colorado Taxes section page.
Live Poll
Should signatures collected by improperly registered circulators be invalidated for ballot measures in your area?










