DENVER -- A commercial attacking Amendment 58 is questionable because it implies consumers will see a tax increase. 7News’ Vote 08: Facts or Fiction found that is not true.

In fact, energy companies are the ones that will see the tax hike if the amendment passes though there is a debate about whether any of the costs would be passed through to consumer.

The commercial by Coloradans for a Stable Economy tries to get voters to oppose the amendment by charging it is a $321 million tax increase.

“First Gov. Ritter calls amendment 58 a subsidy,” the commercial says. “When it's really a $321 million energy tax hike.”

The amendment removes a tax credit on energy companies that they have enjoyed for years. It could raise as much as $321 million a year so it is fact that there is an energy tax hike, but it is misleading to imply that consumers would see a large tax increase.

Amendment opponents say that the increase would be passed along to consumers of oil and natural gas though we found some of those claims are misleading.

For example, oil is in an international market so it’s unlikely that oil consumers would see an increase passed on.

As for natural gas, the opponents cite a letter from two former Public Utilities Commission members, saying there will be an increase.

Even so, it’s misleading to imply consumers would see a $321 million tax increase if the amendment passes.

“Now we learn the governor has opted to lard up the ballot measure with goodies for various interest groups,” the commercial says.

The commercial refers to a Grand Junction Daily Sentinel op-ed piece that says the money will go to interests like preservation of wildlife habitat, clean energy and lessening the impacts of energy exploration on local communities.

All of those were in the amendment when it was written so it’s fiction to imply the paper found the money would go to special interests.

"Enough is enough. A tax is a tax. Hard working Coloradans can't afford to pay for the governor's special interest goodies."

Again, it is fiction to imply that consumers will see a tax increase because of Amendment 58 for special interests when the tax is on energy companies and the money will go to education, wildlife and lessening the impacts of clean energy on local communities.

Despite its name, Coloradans for a Stable Economy raised most of its money from energy companies based outside the state.

Amendment proponents also raised much of their money from out of state donors, but they have raised about a fifth of approximately 10 million opponents have gathered.