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Retain Nicotine Tax Revenue in Excess of Blue Book Estimate | |||||||||||||
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2023 Colorado Proposition II was a successful a ballot measure referred to voters by theColorado General Assembly regarding the retention oftax revenue collected from the sale ofnicotine,tobacco, andvape products inColorado. The measure requires that 23.65 million dollars the state was obligated to refund to wholesalers and distributors of these products be diverted to fund preschools within the state.[1] On November 7, 2023, Colorado voters approved the proposition with roughly two-thirds of the electorate voting in favor.
In 2020, Colorado passedProposition EE which raised taxes onnicotine,tobacco, andvape products to fund universal preschool and tobacco education programs. Proposition EE estimated that the tax would collect 186.5 million dollars within its first year, however it ended up generating 208 million dollars. UnderArticle X of theColorado Constitution, the state was obligated to return the excess revenue to vendors it was collected from, plus interest. Furthermore, the state would have to lower the tax rate to match the initially anticipated quantity of revenue.[2][3]
On April 10, 2023, RepresentativesJulie McCluskie andEmily Sirota and SenatorsDominick Moreno andRhonda Fields introduced House Bill 23-1290 to theColorado General Assembly to refer the issue of the excess tax revenue to voters. The bill passed both houses of the Colorado General Assembly with allRepublicans and threeDemocrats voting against the legislation.[3] GovernorJared Polis signed the bill on June 2, 2023, resulting in Proposition II being on the November 2023 ballot. The bill stipulated that if Proposition II passed the excess revenue already generated, as well as any future excess revenue, would be transferred to funds for Colorado preschools. Additionally, it clarified that the tax rate set byProposition EE would remain in place should Proposition II be approved by voters.[4]
The proposition appeared on the ballot as follows:[5]
Without raising taxes, may the state retain and spend revenues from taxes on cigarettes, tobacco, and other nicotine products and maintain tax rates on cigarettes, tobacco, and other nicotine products and use these revenues to invest twenty-three million six hundred fifty thousand dollars to enhance the voluntary Colorado preschool program and make it widely available for free instead of reducing these tax rates and refunding revenues to cigarette wholesalers, tobacco product distributors, nicotine products distributors, and other taxpayers, for exceeding an estimate included in the ballot information booklet for proposition EE?
The main campaign to vote yes on Proposition II was led by the organization Preschool for all Coloradans. The organization contended that the passage of Proposition II would make preschool more widely available for Coloradan families and that the increased tax rate would lead to fewer youth and young adults usingtobacco andnicotine products.[6] The official state voter guide also included arguments to support Proposition II including the claim that more preschool funding will lead to children of different socioeconomic backgrounds being able to start kindergarten with similar educational foundations.[5]
There was no major organized campaign against Proposition II. However, the official state voter guide listed two main arguments against the proposition. The guide offered that Proposition II was an unnecessary expansion of government given that Colorado preschools were already fully funded and that the higher tax rate could harm those suffering from addiction.[1][5][10]
| Choice | Votes | % |
|---|---|---|
 Yes | 1,130,147 | 67.53 |
| No | 543,405 | 32.47 |
| Total votes | 1,673,452 | 100.00 |
| County | For | Against | Margin | Total votes cast | |||
|---|---|---|---|---|---|---|---|
| # | % | # | % | # | % | ||
| Adams | 67,340 | 66.79% | 33,477 | 33.21% | 33,863 | 33.59% | 100,817 |
| Alamosa | 2,260 | 60.70% | 1,463 | 39.30% | 797 | 21.41% | 3,723 |
| Arapahoe | 118,572 | 70.41% | 49,829 | 29.59% | 68,743 | 40.82% | 168,401 |
| Archuleta | 3,722 | 70.83% | 1,533 | 29.17% | 2,189 | 41.66% | 5,255 |
| Baca | 518 | 40.28% | 768 | 59.72% | -250 | -19.44% | 1,286 |
| Bent | 609 | 46.60% | 698 | 53.40% | -89 | -6.81% | 1,307 |
| Boulder | 97,034 | 82.62% | 20,419 | 17.38% | 76,615 | 65.23% | 117,453 |
| Broomfield | 19,060 | 73.51% | 6,869 | 26.49% | 12,191 | 47.02% | 25,929 |
| Chaffee | 6,453 | 68.90% | 2,913 | 31.10% | 3,540 | 37.80% | 9,366 |
| Cheyenne | 183 | 27.77% | 476 | 72.23% | -293 | -44.46% | 659 |
| Clear Creek | 2,294 | 67.35% | 1,112 | 32.65% | 1,182 | 34.70% | 3,406 |
| Conejos | 1,277 | 58.98% | 888 | 41.02% | 389 | 17.97% | 2,165 |
| Costilla | 753 | 65.71% | 393 | 34.29% | 360 | 31.41% | 1,146 |
| Crowley | 448 | 39.68% | 681 | 60.32% | -233 | -20.64% | 1,129 |
| Custer | 1,226 | 47.21% | 1,371 | 52.79% | -145 | -5.58% | 2,597 |
| Delta | 5,870 | 52.93% | 5,221 | 47.07% | 649 | 5.85% | 11,091 |
| Denver | 132,769 | 82.54% | 28,090 | 17.46% | 104,679 | 65.08% | 160,859 |
| Dolores | 451 | 51.72% | 421 | 48.28% | 30 | 3.44% | 872 |
| Douglas | 93,636 | 66.11% | 47,993 | 33.89% | 45,643 | 32.23% | 141,629 |
| Eagle | 11,164 | 74.48% | 3,825 | 25.52% | 7,339 | 48.96% | 14,989 |
| El Paso | 118,028 | 60.63% | 76,656 | 39.37% | 41,372 | 21.25% | 194,684 |
| Elbert | 5,091 | 41.93% | 7,050 | 58.07% | -1,959 | -16.14% | 12,141 |
| Fremont | 7,791 | 52.35% | 7,092 | 47.65% | 699 | 4.70% | 14,883 |
| Garfield | 9,883 | 67.58% | 4,741 | 32.42% | 5,142 | 35.16% | 14,624 |
| Gilpin | 1,557 | 60.73% | 1,007 | 39.27% | 550 | 21.45% | 2,564 |
| Grand | 3,741 | 67.03% | 1,840 | 32.97% | 1,901 | 34.06% | 5,581 |
| Gunnison | 5,228 | 77.05% | 1,557 | 22.95% | 3,671 | 54.10% | 6,785 |
| Hinsdale | 244 | 61.77% | 151 | 38.23% | 93 | 23.54% | 395 |
| Huerfano | 1,569 | 56.42% | 1,212 | 43.58% | 357 | 12.84% | 2,781 |
| Jackson | 199 | 43.45% | 259 | 56.55% | -60 | -13.10% | 458 |
| Jefferson | 138,609 | 67.85% | 65,689 | 32.15% | 72,920 | 35.69% | 204,298 |
| Kiowa | 153 | 29.03% | 374 | 70.97% | -221 | -41.94% | 527 |
| Kit Carson | 1,150 | 45.19% | 1,395 | 54.81% | -245 | -9.63% | 2,545 |
| La Plata | 13,245 | 72.39% | 5,052 | 27.61% | 8,193 | 44.78% | 18,297 |
| Lake | 1,355 | 65.30% | 720 | 34.70% | 635 | 30.60% | 2,075 |
| Larimer | 87,262 | 70.49% | 36,536 | 29.51% | 50,726 | 40.97% | 123,798 |
| Las Animas | 2,725 | 55.57% | 2,179 | 44.43% | 546 | 11.13% | 4,904 |
| Lincoln | 535 | 35.38% | 977 | 64.62% | -442 | -29.23% | 1,512 |
| Logan | 2,715 | 42.97% | 3,604 | 57.03% | -889 | -14.07% | 6,319 |
| Mesa | 28,759 | 57.39% | 21,354 | 42.61% | 7,405 | 14.78% | 50,113 |
| Mineral | 378 | 66.43% | 191 | 33.57% | 187 | 32.86% | 569 |
| Moffat | 1,695 | 47.15% | 1,900 | 52.85% | -205 | -5.70% | 3,595 |
| Montezuma | 5,042 | 60.73% | 3,260 | 39.27% | 1,782 | 21.46% | 8,302 |
| Montrose | 7,832 | 53.23% | 6,882 | 46.77% | 950 | 6.46% | 14,714 |
| Morgan | 3,126 | 43.71% | 4,025 | 56.29% | -899 | -12.57% | 7,151 |
| Otero | 2,841 | 50.53% | 2,781 | 49.47% | 60 | 1.07% | 5,622 |
| Ouray | 1,909 | 72.53% | 723 | 27.47% | 1,186 | 45.06% | 2,632 |
| Park | 4,070 | 58.03% | 2,944 | 41.97% | 1,126 | 16.05% | 7,014 |
| Phillips | 815 | 46.76% | 928 | 53.24% | -113 | -6.48% | 1,743 |
| Pitkin | 4,358 | 83.30% | 874 | 16.70% | 3,484 | 66.59% | 5,232 |
| Prowers | 1,576 | 47.67% | 1,730 | 52.33% | -154 | -4.66% | 3,306 |
| Pueblo | 26,865 | 59.26% | 18,467 | 40.74% | 8,398 | 18.53% | 45,332 |
| Rio Blanco | 747 | 37.86% | 1,226 | 62.14% | -479 | -24.28% | 1,973 |
| Rio Grande | 1,853 | 54.53% | 1,545 | 45.47% | 308 | 9.06% | 3,398 |
| Routt | 7,226 | 78.40% | 1,991 | 21.60% | 5,235 | 56.80% | 9,217 |
| Saguache | 1,098 | 61.89% | 676 | 38.11% | 422 | 23.79% | 1,774 |
| San Juan | 284 | 76.34% | 88 | 23.66% | 196 | 52.69% | 372 |
| San Miguel | 2,578 | 84.28% | 481 | 15.72% | 2,097 | 68.55% | 3,059 |
| Sedgwick | 356 | 43.20% | 468 | 56.80% | -112 | -13.59% | 824 |
| Summit | 7,204 | 76.22% | 2,248 | 23.78% | 4,956 | 52.43% | 9,452 |
| Teller | 6,309 | 55.85% | 4,987 | 44.15% | 1,322 | 11.70% | 11,296 |
| Washington | 562 | 30.53% | 1,279 | 69.47% | -717 | -38.95% | 1,841 |
| Weld | 44,547 | 56.63% | 34,115 | 43.37% | 10,432 | 13.26% | 78,662 |
| Yuma | 1,298 | 43.14% | 1,711 | 56.86% | -413 | -13.73% | 3,009 |
| Total | 1,130,047 | 67.53% | 543,405 | 32.47% | 586,642 | 35.06% | 1,673,452 |
