HB 26-1320

House Bill 26-1320, which has been signed into law, requires that ballot titles for initiative petitions be written in plain language that is easy for most people to understand. This means avoiding complex legal or technical terms and making sure the title clearly explains the main change proposed by the initiative. The bill also allows the required tax-related language to appear anywhere in the ballot title as long as it's substantially similar to what’s currently mandated, rather than strictly at the beginning or end of the title. This law affects voters who will see clearer, more accessible descriptions on their ballots for initiatives and helps ensure that everyone can understand what they are voting on. Since the bill has been signed, it is now in effect and ballot titles going forward must follow these new guidelines.

Official Summary

Under current law, the title board must set a ballot title for an initiative petition that is brief, does not conflict with another title for an initiative petition filed for the same election, and is in the form of a question that may be answered 'yes/for' or 'no/against' and that unambiguously states the principle of the provision sought to be added, amended, or repealed by the initiative. The act adds a requirement that the title board write a ballot title using accessible language, which means plain language that is understood by the widest possible audience. In determining whether a ballot title is written using accessible language, the title board may consider whether the title:Avoids using legal, technical, or specialized terminology when possible;Clearly identifies the principal change in law or policy proposed by the proposed statutory or constitutional amendment;Avoids unnecessary qualifiers, double negatives, and overly complex phrasing;Organizes clauses so that the effect of a 'yes/for' or 'no/against' vote is readily understood; andPresents necessary information within the ballot title in a logical and readable order.     In addition, current law requires that specific language appear in the ballot title for certain initiatives that increase or reduce tax revenue. For initiatives that reduce state tax revenue or local district property tax revenue through a tax change, this required language must appear at the beginning of the ballot title. For initiatives that increase tax revenue for any district through a tax change, this required language must appear directly after language required by the Taxpayer's Bill of Rights. The act modifies these statutory provisions so that the required ballot title language must only be substantially similar to the specific statutory language and may appear anywhere in the ballot title.     The act applies to initiative petitions submitted to the secretary of state for title setting on or after the effective date of the act.(Note: This summary applies to this bill as enacted.)

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