HOUSE 3rd Reading Unamended May 9, 2011 HOUSE Amended 2nd Reading May 5, 2011First Regular Session Sixty-eighth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 11-0233.02 Ed DeCecco HOUSE BILL 11-1304 HOUSE SPONSORSHIP Szabo, Court, Acree, Baumgardner, Becker, Beezley, Bradford, Brown, Coram, DelGrosso, Kerr J., Liston, Looper, McNulty, Priola, Scott, Swerdfeger SENATE SPONSORSHIP Cadman, Johnston, Grantham House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning a requirement that the ballot title of a statewide measure be written in plain language. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Section 1 of the bill requires the title board, when setting a title for a proposed initiated law or constitutional amendment, to write the title, to the extent possible, in plain, nontechnical language and in a clear and coherent manner using words with common and everyday meaning that are understandable to the average reader. Section 2 requires the same standard for the ballot title of a statewide referred measure. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 1-40-106 (3) (b), Colorado Revised Statutes, is amended, and the said 1-40-106 is further amended BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read: 1-40-106. Title board - meetings - titles and submission clause. (3) (b) In setting a title, the title board shall consider the public confusion that might be caused by misleading titles and shall, whenever practicable, avoid titles for which the general understanding of the effect of a "yes" or "no" vote will be unclear. The title for the proposed law or constitutional amendment, which shall, to the extent possible, be written in plain, nontechnical language and in a clear and coherent manner using words with common and everyday meaning that are understandable to the average reader and which shall correctly and fairly express the true intent and meaning thereof, together with the ballot title and submission clause, shall be completed within two weeks after the first meeting of the title board. Immediately upon completion, the secretary of state shall deliver the same with the original to the parties presenting it, keeping the copy with a record of the action taken thereon. Ballot titles shall be brief, shall not conflict with those selected for any petition previously filed for the same election, and shall be in the form of a question which may be answered "yes" (to vote in favor of the proposed law or constitutional amendment) or "no" (to vote against the proposed law or constitutional amendment) and which shall unambiguously state the principle of the provision sought to be added, amended, or repealed. (4) (a) (I) For a proposed law that is not subject to the requirements set forth in section 20 (3) (c) of article X of the state constitution, the ballot title shall begin as follows: "Shall there be a change to the Colorado Revised Statutes concerning (the single subject of the measure) that". (II) For a proposed constitutional amendment that is not subject to the requirements set forth in section 20 (3) (c) of article X of the state constitution, the ballot title shall begin as follows: "Shall there be an amendment to the Colorado constitution concerning (the single subject of the measure) that". (III) For a proposed law that is subject to the requirements set forth in section 20 (3) (c) of article X of the state constitution, the ballot title shall begin with the constitutionally required language followed by the phrase: "BY A CHANGE TO THE COLORADO REVISED STATUTES CONCERNING (THE SINGLE SUBJECT OF THE MEASURE) THAT". (IV) For a proposed constitutional amendment that is subject to the requirements set forth in section 20 (3) (c) of article X of the state constitution, the ballot title shall begin with the constitutionally required language followed by the phrase: "BY AN AMENDMENT TO THE COLORADO CONSTITUTION CONCERNING (THE SINGLE SUBJECT OF THE MEASURE) THAT". (b) Notwithstanding paragraph (a) of this subsection (4), the word "concerning" may be omitted from a ballot title if the single subject may be expressed without it. (5) (a) The language required by subsection (4) of this section shall be immediately followed by a clear and concise list of the central features of the proposed law or constitutional amendment. Each item in the list shall begin with a singular, present-tense verb and each item shall end with a semicolon; except that the penultimate item shall end with a semicolon followed by the appropriate conjunction, and the last item shall end with a question mark. (b) Notwithstanding paragraph (a) of this subsection (5) and paragraph (a) of subsection (4) of this section, if the single subject expressed in the ballot title is itself a description of the central features of a proposed law or constitutional amendment, the word "that" and the following colon shall be omitted, and the ballot title shall end with a question mark after the single subject. SECTION 2. 1-40-115 (2) (a), Colorado Revised Statutes, is amended to read: 1-40-115. Ballot - voting - publication. (2) (a) (I) All ballot issues shall be printed on the official ballot in that order, together with their respective letters and numbers prefixed in bold-faced type. Each ballot shall have the following explanation printed one time at the beginning of such ballot issues: "Ballot issues referred by the general assembly or any political subdivision are listed by letter, and ballot issues initiated by the people are listed numerically. A ballot issue listed as an 'amendment' proposes a change to the Colorado constitution, and a ballot issue listed as a 'proposition' proposes a change to the Colorado Revised Statutes. A 'yes' vote on any ballot issue is a vote in favor of changing current law or existing circumstances, and a 'no' vote on any ballot issue is a vote against changing current law or existing circumstances." Each ballot title shall appear on the official ballot but once. For each ballot title that is an amendment, the amendment number or letter shall be immediately followed by the description "(CONSTITUTIONAL)". For each ballot title that is a proposition, the proposition number or letters shall be immediately followed by the description "(STATUTORY)". Prior to the general election held in 2012, each ballot title shall be separated from the other ballot titles next to it by heavy black lines and shall be followed by the words "yes" and "no" with blank spaces to the right and opposite the same as follows: (HERE SHALL APPEAR THE BALLOT TITLE IN FULL) YES ______ NO ______ (II) Beginning with the general election held in 2012, each ballot title shall be followed by the words "yes/for" and "no/against", along with a place for the eligible elector to designate his or her choice by a mark as instructed. SECTION 3. Part 8 of article 2 of title 2, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 2-2-801.5. Plain language requirement - referred measure - ballot title. Any person, including members of the general assembly and the office of legislative legal services, who prepares or proposes a ballot title of a statewide referred measure, or an amendment to the ballot title, shall ensure that, to the extent possible, the ballot title is written in plain, nontechnical language and in a clear and coherent manner using words with common and everyday meaning that are understandable to the average reader. A ballot title of a statewide referred measure shall be in the same form as a ballot title for an initiative as required pursuant to section 1-40-106 (4) and (5), C.R.S. Adoption by the general assembly of the statewide referred measure shall create a presumption that the ballot title included therein conforms to this section. SECTION 4. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2011, if adjournment sine die is on May 11, 2011); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2012 and shall take effect on the date of the official declaration of the vote thereon by the governor.