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What if Propositions 109 & 110 both pass?

Both are statewide ballot issues trying to fund Colorado roads. What if they both pass? Or if they both fail?

KUSA — What if both Propositions 109 and 110 were to pass?

Those are the statewide ballot issues that try to solve Colorado road funding traffic jam.

First, here's how they differ:

RELATED | Voter Guide 2018: Proposition 109 and 110 breakdown

Legislative Council, which is the non-partisan staff that makes English out of legislation also put together some easy reading on this topic: https://bit.ly/2ysYJJU.

"If (Propositions) 109 and 110 both pass, that is a good problem for CDOT to have. Projects will get built, that's the real quick answer," said CDOT Spokeswoman Amy Ford.

The quick math is that the state would be allowed to bond up to $9.5 billion in road projects, with $3.5 billion of that required. The state sales tax would still increase for 20 years. So, the state would have a new funding mechanism for the projects on Proposition 109 and any project that Proposition 110 would pay for.

"The project list that comes off of (Proposition) 109, parts of it absolutely will flow right into the projects that were also in (Proposition) 110. They overlap a significant amount," said Ford. "The projects that people see on both of those lists, a lot of it, if not all of it, would get built."

"It very much could delay delivering projects to the citizens and establishing the programs that have been identified in (Proposition) 110," said Carla Perez, policy director for Let's Go Colorado, the group supporting Proposition 110.

RELATED | Voter Guide 2018: Everything you need to know about the upcoming Colorado election

Perez senses a courtroom would be needed to iron out differences between the two.

For example, Proposition 109 does not call for any multimodal projects, meaning additional sidewalks, bike lanes and transit routes. Proposition 110 allows for that.

Jon Caldara is the author behind Proposition 109. He wants to fund roads without a tax increase, but if both propositions pass, it's possible the projects on Proposition 109's list could be paid for with new tax money.

"Money that goes into the state capital is fungible, so it's very hard to track those dollars," said Caldara. "I'm more concerned with what could happen if neither passes."

What happens if neither pass?

Based on Senate Bill 18-001, which was signed into law this past legislative session, if no road funding solution is passed by voters in the 2018 election, the legislature will refer another ballot measure to voters in 2019.

"It's not a sure thing," said Perez. "It's statutory, so the legislature could just as easily change that legislation next year and not refer something to the voters."

Lawmakers in 2019 could choose to amend 2018 Senate Bill 18-001 and choose not to put something on the ballot.

Another side note, Proposition 109 dedicates $3.5 billion to road funding, but the state already has $1.5 billion set aside based on Senate Bill 17-267 and Senate Bill 18-001. Essentially, Proposition 109 adds $2 billion to what the state must spend on roads using existing funds. Voting no on Proposition 109 doesn't mean roads when get funded at all, it means the state would only be spending the $1.5 billion it currently figured out a way to spend on new construction.