Southwest voters face a bevy of tax and spending measures

Line for early voting in Houston last week
Voters wait in line to cast ballots Friday in Houston, the final day of Texas early voting. Voters in the Southwest will decide tax, bond and spending measures.

Bloomberg News

In addition to billions of dollars of bonds, elections in several Southwest states on Tuesday will decide whether to impose, raise, or cap taxes, with some measures tied to future debt.

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Colorado has two competing tax measures — Constitutional Amendment 87, which would replace the state’s flat 4.4% personal and corporate income tax rates with graduated rates ranging from 3.7% to 8.4%, and Proposition 136, which would statutorily cap income tax rates at 4.4%.

The constitutional amendment would increase the state’s income tax revenue by an estimated $2 billion in its first full year with the money allocated to K-12 education, health care, and early childhood care and education through a Colorado’s Future Account, according to a legislative analysis. 

Proponents contend the amendment, which survived a last-minute challenge with a Friday Colorado Supreme Court ruling that votes will be counted, would cut income taxes for 97% of taxpayers.

If both pass, the measure with the most votes would prevail on conflicting provisions, according to the Tax Foundation. 

“This means that if both passed with Proposition 136 receiving more votes, graduated rate taxation would be permitted, but the top rate could not exceed 4.4 percent,” foundation Senior Fellow Jared Walczak said in a blog, adding that conflicts would be resolved in court.

Colorado’s K-12 public schools would also get a financial boost under Proposition NN, which would require the state funding to increase 2% annually over 10 years to increase teacher salaries, lower class sizes, and increase access to career and technical courses. 

The money would be made available by raising the state’s Taxpayer Bill of Rights limit, which sets the amount of revenue the state can collect each year with the excess refunded to taxpayers. 

Also in Colorado, the Front Range Passenger Rail District is asking communities within its boundaries for a 0.333% sales tax that would raise $295 million annually, as well as $580 million in debt authorization.

The rail district was created by a 2021 state law that authorized it to levy taxes through ballot measures, issue bonds, and enter into public-private partnerships to provide intercity passenger train service initially from Fort Collins through Denver and south to Pueblo. Longer-term plans would connect Colorado to New Mexico and Wyoming. 

The town of Winter Park, Colorado, has ballot measures to create a regional transportation authority and authorize the issuance of $120 million of revenue bonds to finance an aerial transit system.

Arizona school spending

Arizona’s Republican-controlled legislature put Proposition 320 on the ballot to require certain  school districts to spend at least 60% of their operating budgets on direct instructional expenses or face a reduction in state funding.

The measure would apply to an estimated 94 of the state’s 207 school systems, which have at least 7,500 students and are in the state’s three most populous counties, according to a Common Sense Institute analysis.

“It’s going to be really a challenge for districts to get to 60%, especially when most districts are below that number, some pretty significantly,” said Chuck Essigs, government relations director at the Arizona Association of School Business Officials, noting spending on things such as counselors, some special education services, and classroom maintenance and utilities are not included under “a very narrow definition” of instructional expenses.

Non-complying districts would face a reduction in their per pupil allocations from the state’s Classroom Site Fund, which totals about $800 million annually, he added. 

The measure has support from the conservative Goldwater Institute, which said it would prioritize teacher pay over “administrative bloat.”
The measure would cap what districts could spend on roles like administration, finance, clerks, nurses, librarians, social workers and other non-classroom roles, the Goldwater Institute says

Opponents, like Save Our Schools Arizona, say it would lead to cuts to school programs and teacher pay. 

A measure pushed by public school backers to rein in the state’s costly universal private school voucher program was kicked off the ballot. 

Arizona ballots also include two tax-related measures. Proposition 141 is a constitutional amendment to prohibit the state and local governments from taxing or levying a fee based on vehicle miles traveled. Proposition 316 would require voter approval for imposing or increasing local sales taxes on groceries, while also capping the tax rate at 2%. 

Assessment caps on Oklahoma ballots

In Oklahoma, a legislatively referred constitutional amendment would reduce caps on annual growth in property value assessments for taxation purposes starting in 2027.

It would slow future property tax increases, but also revenue growth for schools and local governments, which may have to raise millage rates to make payments on voter-approved bonds, according to the nonpartisan Oklahoma Policy Institute, which is opposing the measure.

An initiative to phase out homeowner property taxes over three years was removed from the ballot in October after the state Supreme Court ruled it was “clearly and manifestly” unconstitutional. 

Voters in Oklahoma County are being asked for a 25-year, 0.4% sales tax to raise about $70 million annually with $44 million allocated for debt service on additional bonds to complete financing for a jail and $26 million for its operating costs.  

The county already sold $260 million of general obligation bonds approved by voters in 2022 for what was then a $316 million jail to replace its 13-story detention center in downtown Oklahoma City. The project is now estimated to cost as much as $860 million.

Water, tax measures in Texas

In Corpus Christi, where a water supply crisis that led to bond rating downgrades and negative outlooks has eased, a citizen-initiated “Fair Water” city charter amendment on the ballot would eliminate fee programs that exempt large industrial water users from drought surcharges or curtailments. 

If passed, the measure is estimated to result in loss of about $6 million in annual revenue supporting debt the city issued through the Texas Water Development Board and a water rate hike would be required in 2029 to offset the loss, according to the official statement for the city’s utility system senior lien revenue bond sale last month.

A controversial Inner Harbor seawater desalination project is indirectly on the ballot. All nine Corpus Christi city council member seats, including the mayor’s, are up for election with 24 candidates against the project and 18 in favor, according to a local media report.

The current council has waffled on this key long-term water supply project. The indecisiveness raised the ire of the Texas governor’s office and left the city on the hook to pay off $235.2 million of bonds sold through the TWDB for the project.

Plano voters will decide on a tax package to help finance a $3 billion sports and entertainment district that would include a partly bond-financed arena for the NHL’s Dallas Stars.

Proposition I on Austin’s ballot would amend the city charter to require regular “independent affordability and efficiency initiatives,” particularly ahead of any tax rate increase election.

Elsewhere

Arkansas voters will decide on the creation of economic development districts with proposed constitutional amendment Issue 3. 

The districts would be used by cities and counties to spur housing, retail, and other projects and use incremental increases in property or sales taxes within the district to pay off bonds. 

Constitutional Amendment B in Utah would require a 60% voter approval for ballot initiatives to create a new tax, expand an existing tax, or increase a tax rate. 

Data center prohibitions are on the ballot in three Kansas cities – El Dorado, Emporia, and Ottawa, according to Ballotpedia. 

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