Amendment 87 stays on Colorado’s ballot as judge rejects signature challenge

By Marianne Goodland | The Denver Gazette

A Denver District Court judge ruled Wednesday that the measure to change Colorado’s flat rate into a graduated income tax can stay on the November ballot, though the legal challenge is far from over.

Judge Heidi Kutcher ruled that the plaintiff, Michael A. Hancock of Centennial, did not meet his burden of proof to establish that failure of petition entities to fully register their paid circulators is a violation of law. The same is true for Hancock’s claim that a violation of law occurred when valid signatures were submitted by paid circulators who did not complete the Secretary of State’s training, the judge ruled.

The litigation is not over: The plaintiff’s counsel said he plans to appeal to the Colorado Supreme Court on an expedited process, given that the election is now just 13 days away.

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