The Plain Language in Ballot Titles Act Exposed

The Plain Language in Ballot Titles Act was considered by ALEC's Public Safety and Elections Task Force at the 2012 Spring Task Force Summit on May 11, 2012. This bill was part of the ALEC task force agenda between 2010 and 2012, but due to incomplete information, it is not known if the bill passed in a vote by legislators and lobbyists at ALEC task force meetings, if ALEC sought to distance itself from the bill as the public increased scrutiny of its pay-to-play activities, or if key operative language from the bill has been introduced by an ALEC legislator in a state legislature in the ensuing period or became binding law.

ALEC Draft Bill Text

Summary

This Act ensures that voters fully understand ballot language by requiring that the titles of ballot measures are written, to the extent possible, in plain, nontechnical language and in a clear and coherent manner using words with common and everyday meaning.

Model Legislation

{Title, enacting clause, etc.}

Section 1. {Definitions}

(A) “Advisory board” refers to any state governmental body, commission, or board which oversees the ballot title process.

(B) “Title” refers to the language used to describe any proposed law or constitutional amendment to be included on a ballot for public vote.

Section 2. {Plain Language Requirement for the Title of a Proposed Law or Amendment}

(A) In setting a title for a proposed law or constitutional amendment, the advisory board shall:

(1) Consider the public confusion that might be caused by misleading titles; and

(2) Whenever practicable, avoid titles for which the general understanding of the effect of a "yes" or "no" vote will be unclear.

(B) The title for the proposed law or constitutional amendment shall, to the extent possible:

(1) Be written in plain, nontechnical language and in a clear and coherent manner; and

(2) Use words with common and everyday meaning that are understandable to the average reader, and correctly and fairly expresses the true intent and meaning thereof.

(C) The title for the proposed law or amendment, together with the ballot title and submission clause, shall be completed within two weeks after the first meeting of the advisory board.

(D) Immediately upon completion, the Secretary of State shall deliver the title for the proposed law or amendment with the original to the designated representatives of the proponents, keeping the copy with a record of the action taken thereon.

(E) Ballot titles shall:

(1) Be brief;

(2) Shall not conflict with those selected for any petition previously filed for the same election; and

(3) 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.

Section 3. {Plain Language Requirement for Ballot Titles of Referred Measures}

(A) Any person, including members of the state legislature 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.

(C) Adoption by the state legislature of the statewide referred measure creates a presumption that the ballot title included therein conforms to this section.

Section 4. {Severability clause}<u>

<u>Section 5. {Repealer clause}

Section 6. {Effective date}