As Colorado’s Nov. 4 Coordinated Election approaches, here’s what’s on the ballot, and why.
Up for consideration this year are two statewide ballot measures—Propositions LL and MM—in addition to multiple items specific to El Paso County, which encompasses Colorado Springs. These include school board races as well as tax and bond proposals to fund local school and fire districts.
The Healthy School Meals for All Program
Both Proposition LL and Proposition MM are concerned with funding Colorado’s Healthy School Meals for All program (HSMA). Passed by voters in 2022 under Proposition FF, HSMA provides free breakfast and lunch to all Colorado public school students, regardless of family income. Like other universal school lunch programs, HSMA was implemented with the goal of increasing food security, reducing the stigma associated with free and reduced-price school lunch and improving academic outcomes.
According to CPR News, the program has been quite popular, with more than 100,000 additional students taking advantage of free lunch and 50,000 more students eating free breakfast. It also saves families $1,250 per child annually, on average.
HSMA is currently funded by limiting the amount households earning over $300,000 can deduct from their state income tax. Essentially, this policy increases the income from these households that is subject to taxation, yielding revenue to fund the program.
Proposition LL
Proposition LL would allow the state to retain $12.4 million already collected from households earning more than $300,000 under the aforementioned deduction limit—and keep the current deduction limits, ensuring a future source of revenue for the HSMA. If it does not pass, then this amount will be refunded to those households per TABOR requirements.
Proposition MM
Proposition MM would decrease the deduction limit further on households earning $300,000, with the aim of raising an additional $95 million to fund HSMA and supplement state SNAP funding (commonly known as food stamps). The proposition would increase these households’ tax burden by an average of $486.
A full list of ballot questions can be found in the Colorado Ballot Information Booklet, available online.
Why are Propositions LL and MM on the Ballot?
Participation in the HSMA program has been much greater than initially anticipated, resulting in a $24 million deficit last year. That deficit is projected to grow much larger.
If both measures fail, the state will no longer be able to fully fund HSMA and will be forced to offer free school lunch, as before, to only low-income students, undermining the goal of the program. It will also not be able to fund additional unfulfilled priorities originally set forth by HSMA, including purchasing $1 million of local products from Colorado producers and increasing wages for school cafeteria workers.
What Is TABOR—and What Does It Have to Do With School Lunch?
TABOR, or the “Taxpayer’s Bill of Rights,” is an amendment to the Colorado State Constitution that requires voter approval for tax increases and the creation of new taxes at the state and local level. Unique to Colorado, this amendment is why the state must seek voter approval for proposals such as Proposition MM that increase taxes, even if the legislature could unilaterally impose such policies elsewhere.
TABOR also sets revenue caps for taxes and an overall statutory revenue limit for the state, mandating refunds to taxpayers beyond this limit. This is why Proposition LL, which raised more than the estimated $100 million and was approved under Proposition FF, is on the ballot—if the state wants to keep the money, voters must first waive their right to a refund.
TABOR’s consequences are far bigger than just school lunch. The annual growth rate of the overall statutory revenue limit imposed by TABOR is determined by an inflation benchmark that has often underpaced growth in the cost of state programs, such as Medicaid contributions.
It has also increasingly fueled a “structural deficit” in which the state is forced to cut programs to balance its budget, even while maintaining a large TABOR surplus. For example, in the 2022-2023 fiscal year, Colorado collected $1.7 billion in excess of the TABOR limit, yet faced a $314 million budget shortfall that, without TABOR, could have been used to bridge the gap.
Next year, the Colorado Legislative Council Staff, a group of nonpartisan researchers for the legislature, projects up to a $706 million TABOR surplus alongside an $850 million shortfall that will likely have to be addressed with further cuts.
No matter how Proposition LL and Proposition MM fare, Colorado is increasingly learning that the relatively low taxes and increased voter input TABOR provides are no free lunch.
For information on how to register to vote, please visit the CC Votes webpage.
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