2023 Colorado Proposition II

Proposition II

November 7, 2023
Retain Nicotine Tax Revenue in Excess of Blue Book Estimate
Results
Choice Votes % Yes 1,130,147 67.53% No 543,405 32.47% Total votes 1,673,452 100.00%
For   80–90%   70–80%   60–70%   50–60% Against   70–80%   60–70%   50–60%

2023 Colorado Proposition II was a successful a ballot measure referred to voters by the Colorado General Assembly regarding the retention of tax revenue collected from the sale of nicotine, tobacco, and vape products in Colorado. 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. On November 7, 2023, Colorado voters approved the proposition with roughly two-thirds of the electorate voting in favor.

Background

In 2020, Colorado passed Proposition EE which raised taxes on nicotine, tobacco, and vape 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. Under Article X of the Colorado 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.

On April 10, 2023, Representatives Julie McCluskie and Emily Sirota and Senators Dominick Moreno and Rhonda Fields introduced House Bill 23-1290 to the Colorado General Assembly to refer the issue of the excess tax revenue to voters. The bill passed both houses of the Colorado General Assembly with all Republicans and three Democrats voting against the legislation. Governor Jared 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 by Proposition EE would remain in place should Proposition II be approved by voters.

Contents

The proposition appeared on the ballot as follows:

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?

Campaigns

Support

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 using tobacco and nicotine products. 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.

'Yes'

State officials

• Jared Polis, Governor of Colorado

State senators

• Jeff Bridges
• Janet Buckner
• James Coleman
• Lisa Cutter
• Tony Exum
• Steve Fenberg
• Rhonda Fields
• Chris Hansen
• Nick Hinrichsen
• Sonya Jaquez Lewis
• Dafna Michaelson Jenet
• Chris Kolker
• Janice Marchman
• Kyle Mullica
• Kevin Priola
• Dylan Roberts
• Tom Sullivan
• Faith Winter
• Rachel Zenzinger

State representatives

• Judy Amabile
• Jennifer Bacon
• Shannon Bird
• Andrew Boesenecker
• Kyle Brown
• Lindsey Daugherty
• Ruby Dickson
• Monica Duran
• Regina English
• Lorena Garcia
• Leslie Herod
• Junie Joseph
• Chris Kennedy
• Cathy Kipp
• Sheila Lieder
• Mandy Lindsay
• William Lindstedt
• Meghan Lukens
• Javier Mabrey
• Julie McCluskie
• Karen McCormick
• Barbara McLachlan
• Naquetta Ricks
• Emily Sirota
• Tammy Story
• Marc Snyder
• Brianna Titone
• Alex Valdez
• Elizabeth Velasco
• Stephanie Vigil (voted against HB23-1290)
• Mike Weissman
• Jenny Willford
• Steven Woodrow
• Mary Young

Local politicians

• Jeanne McQueeney, Eagle County Commissioner
• Anna Jo Garcia Haynes, former chair of the Denver Public Schools Early Childhood Council
• Adeeb Kahn, Executive Director of the Denver Economic, Development, and Opportunity office
• Elsa Holguín, President and CEO of the Denver Preschool Program

Newspapers

• The Denver Post
• The Grand Junction Daily Sentinel

Organizations

• American Heart Association
• American Lung Association
• Children’s Hospital Colorado
• Colorado Democratic Party
• Colorado Working Families Party
• League of Women Voters of Colorado
• Preschool for all Coloradans
• Save the Children

Opposition

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.

'No'

Organizations

• The Centennial Institute at Colorado Christian University

Results

Proposition II

Choice	Votes	%
Yes	1,130,147	67.53
No	543,405	32.47
Total votes	1,673,452	100.00

See also

• 2020 Colorado Proposition EE