Dee Wisor clarifies that proposed TABOR modifications, including Initiative 195 and SB26-135, do not dismantle the constitutional provision but instead redirect surplus revenue to increase K-12 education spending by 2% annually.

If you’re worried that a new ballot initiative this fall will hand the state the keys to the cash register and let them spend whatever they want without asking you first, you’re reading the wrong column.
Dee Wisor, writing in the Vail Daily, has a different take on the proposed changes to the Taxpayer’s Bill of Rights (TABOR). She argues that what’s actually happening isn’t a dismantling of the constitutional provision. It’s an expansion of how the state collects and spends money, strictly within the rules we already have.
Let’s look at the two specific proposals hitting the ballot in November 2026.
First, there’s Initiative 195. This is a citizens’ initiative that the State Title Board and the Colorado Supreme Court have already approved. It seeks to replace the current flat 4.4% income tax with a graduated income tax. That’s it. It removes the requirement that income be taxed at a flat rate. The text of TABOR is 1,747 words long. Initiative 195 eliminates just 13 of those words.
The revenue generated from this new graduated tax structure is exempted from the state’s revenue and spending limits. That means the government doesn’t have to refund it if it exceeds the formula. But there’s a catch: the money must be spent on K-12 education, health care, and early child care and education. You’re not just giving the state more money to burn; you’re tying it to specific buckets.
Then there’s the legislative side. SB26-135 is currently making its way through the Colorado General Assembly. If it passes, it asks voters to allow the state to retain and spend revenue that exceeds the current TABOR limit. The kicker? That excess revenue is earmarked to increase state spending on K-12 education by 2% each year for the next 10 years.
Wisor’s point is that prior voter approval will still be required. The core mechanism of TABOR remains intact. The government can’t just raise taxes or spend the cash; it has to ask you for permission to keep it. The difference is that these initiatives allow the state to keep the revenue it collects above the formula, rather than sending it back to you in a refund check.
On paper, this looks like a targeted funding stream for schools and healthcare. In practice, it means the state is asking for a permanent raise in its spending power, capped by a voter vote. It’s not the end of TABOR. It’s a modification of how we handle the surplus.
For locals on the Western Slope, the implication is straightforward. If these measures pass, you aren’t losing your right to say no to tax increases. You are, however, likely seeing a shift in where your tax dollars go. The state is locking in a 2% annual increase for K-12 education using revenue that would otherwise be refunded. That’s a long-term commitment. Ten years of increased spending.
The debate isn’t about whether the state can collect the money. It’s about whether you trust the government to spend that extra 2% on education effectively, or if you’d rather have the cash back in your pocket. Wisor says the latter is still on the table. The voters just have to decide if they want to change the flat tax structure to get it.





