HB 1320 — Accessible Language Statutory Ballot Title Requirements

SecondNOTE: Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO.

26-0774.03This Rebeccabill Bayettihas x4348been HOUSEprepared BILLfor 26-1320the HOUSEsignatures SPONSORSHIPof Nguyenthe andappropriate Garcia,legislative Bacon,officers Boesenecker,and Brown,the Clifford,Governor. Duran, Lindsay, Rutinel, Sirota, Stewart R., Story, Titone, Velasco, Zokaie SENATE SPONSORSHIP Benavidez, Coleman, Cutter, Exum, Gonzales J., Hinrichsen, Jodeh, Kipp, Kolker, Marchman, Rodriguez, Snyder, Sullivan, Wallace e n e 6 E a 0 A U , N g 2 S d r House Committees Senate Committees e A State, Civic, Military, & Veterans Affairs State, Veterans, & Military Affairs R r g A BILL FOR AN ACT d e 2 C ONCERNING STATUTORY REQUIREMENTS FOR BALLOT TITLE E R 2 A n 4 LANGUAGE ,AND ,IN CONNECTION THEREWITH ,REQUIRING THE E 2 l S e p USE OF ACCESSIBLE LANGUAGE AND ALLOWING FOR THE n A m MODIFICATION OF STATUTORILY REQUIRED BALLOT TITLE A LANGUAGE .

dTo ddetermine Billwhether Summarythe eGovernor 2has asigned 2the Sbill Uor 7taken (Note:other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.

ThisHOUSE summaryBILL applies26-1320 toBY thisREPRESENTATIVE(S) billNguyen as introduced and doesGarcia, UBacon, gBoesenecker, 2Brown,Clifford,Duran,Lindsay,Rutinel,Sirota,StewartR.,Story,Titone, HVelasco, dZokaie, rFroelich, notreflectanyamendmentsthatmaybesubsequentlyadopted.IfthisbillJackson, eJoseph, aMcCluskie; passes third reading in the house of introduction, a bill summary that d M applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.) g Under current law, the title board must set a ballot title for an i 6 a 0 initiative petition that is brief, does not conflict with another title for an S R , U d 2 H 2 c Shading denotes HOUSE amendment.

Doublealso underliningSENATOR(S) denotesBenavidez, SENATECutter, amendment.Exum, Gonzales J., Hinrichsen, Jodeh, Kipp, Kolker, Marchman, Rodriguez, Snyder, Sullivan, Wallace, Coleman.

eC aONCERNING CapitalSTATUTORY lettersREQUIREMENTS orFOR boldBALLOT &TITLE italicLANGUAGE numbers, indicateAND new,INCONNECTIONTHEREWITH material,REQUIRINGTHEUSEOFACCESSIBLE toLANGUAGEANDALLOWINGFORTHEMODIFICATIONOFSTATUTORILY beREQUIRED addedBALLOT toTITLE existingLANGUAGE law.d. M Dashes through the words or numbers indicate deletions from existing law.

e A 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 bill adds a requirement that thetitleboardwriteaballottitleusingaccessible language,whichmeans plain language that is understood by the widest possible audience.

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 directlyafterlanguagerequiredbytheTaxpayer's Bill of Rights.

The bill 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.

In Colorado Revised Statutes, 1-40-106, amend (3)(b), (3)(e), (3)(f), (3)(g)(I), and (3)(h);

(3)(b)(I)(3) Insettingatitle,thetitleboardshallconsiderthepublic(b) (I) In setting a title, the title board shall consider the public confusion that might be caused by misleading titles and shall, whenever practicable,________ avoidCapital titlesletters foror whichbold thegeneralunderstandingof& theeffectitalic ofnumbers aindicate "yes/for"new ormaterial "no/against"added voteto willexisting belaw; unclear.

Thedashes titlethrough forwords the proposed law or constitutionalnumbers amendment,indicate whichdeletions shallfrom MUSTexisting correctlylaw and fairlysuch expressmaterial theis truenot intentpart and meaning thereof, together with the ballot title and submission clause, shall MUST be completed, except as otherwise required by section 1-40-107, within two weeks after the first meetingofthetitleboard.Immediatelyuponcompletion,thesecretaryof state shall deliver the same with the original to the designated representatives of the proponents,act. keeping the copy with a record of the -2- 1320 action taken thereon.

(II)practicable,avoidtitlesforwhichthegeneralunderstandingoftheeffectof TEa TITLE"yes/for" BOARDor SHALL"no/against" SEballotvote titleswill sTHAT:be unclear.

(A)The beAtitle REfor brief;the proposed law or constitutional amendment, which shall MUST correctly and fairly expressthetrueintentandmeaningthereof,togetherwiththeballottitleand submission clause, shallUST be completed, except as otherwise required by section 1-40-107, within two weeks after the first meeting of the title board.Immediatelyuponcompletion,thesecretaryofstateshalldeliverthe same with the original to the designated representatives of the proponents, keeping the copy with a record of the action taken thereon.

shall(II) (B)TE ARETITLE WRITTENBOARD USINGSHALL ACCESSIBLESET LANGUAGEWHICHballot IStitles PLAINshTHAT LANGUAGE: THAT IS UNDERSTOOD BY THE WIDEST POSSIBLE AUDIENC;

(C)(A) Dbe OA notRE conflictbrief; with tBALLOT TITLES selected for any petition previously filed for the same election;

and shall (D)(B) beA ARERE inWRITTEN theUSING formACCESSIBLE ofLANGUAGE a,WHICH questionIS whicTHATPLAIN mayLANGUAGE beTHAT answered"yes/for"(tovoteinfavoroftheproposedlaworconstitutionalIS amendment)UNDERSTOOD orBY "no/against"THE (toWIDEST votePOSSIBLE againstAUDIENCE the; proposed law or constitutional amendment) and which shallT unambiguously state STATES the principle of the provision sought to be added, amended, or repealed.

(e)(C) ForD measuresO thatnot reduceconflict statewith taxthoseBALLOT revenueTITLES throughselected afor taxany change,petition thepreviously ballotfiled titlefor mustthe beginEsame LANGUAGEelection; SUBSTANTIALLY SIMILARTOTHE FOLLOWING LANGUAGE ,WHICHMAYAPPEARANYWHERE IN THE BALLOT TITL:

"Shalland thereshall (D) be aARE reductionin to the (descriptionform of tax)a byquestion (thewhicTHAT percentagemaybe byanswered which"yes/for"(tovoteinfavoroftheproposedlaworconstitutionalamendment) theor tax"no/against" is(to reducedvote inagainst the firstproposed fulllaw fiscalor yearconstitutional thatamendment) theand measure reduces revenue) thereby reducing state revenue, which willshall reduceTHAT fundingunambiguously for state expendituresSTATES thatthe includeprinciple but are not limitedto(thethreelargestareasofprogramexpenditure)byanestimated (projected dollar figure of revenue reduction to the stateprovision insought theto firstbe fulladded, fiscalamended, yearor thatrepealed. the measure reduces revenue) in tax revenue...?".

If(e) theFormeasuresthatreducestatetaxrevenuethroughataxchange, ballottheballottitlemustbegin measureINCLUDE specifiesLANGUAGESUBSTANTIALLYSIMILARTO theTHEFOLLOWINGLANGUAGE public,WHICHMAYAPPEARANYWHEREINTHEBALLOT servicesTITLE: or programs that are to be reduced by the tax change, those public services or programs must be stated in the ballot title.

If"Shall there be a reduction to the public(description servicesof ortax) programsby identified(the percentage by which the tax is reduced in the measurefirst full fiscal year that the measurereducesrevenue)therebyreducingstaterevenue,whichwillreduce funding for state expenditures that include but are insufficientnot limited to account(the forthree thelargest fullareas of program expenditure) by an estimated (projected dollar valuefigure of therevenue taxreduction -3-to 1320the changestate in the first full fiscal year that the measuremeasurereducesrevenue)intaxrevenue...?".Iftheballotmeasurespecifies reducesthe revenue,public thenservices or programs that are to be reduced by the threetax largestchange, areasthose ofpublic programservices expenditureor programs must be stated in the billballot titlealongwiththepublicservicesorprogramsidentifiedinthemeasure.title.

TheIf estimatesthe reflectedpublic services or programs identified in the ballotmeasure are insufficient to account for the full dollar value of the tax changeinthefirst full fiscal year PAGE 2-HOUSE BILL 26-1320 that the measure reduces revenue, then the three largest areas of program expenditure must be stated in the bill title along with the public services or programsidentifiedinthemeasure.Theestimatesreflectedintheballottitle shall not be interpreted as restrictions of the state's budgeting process.

(f) For measures that reduce local district property tax revenue through a tax change, the ballot title must beginEbegin INCLUDE LANGUAGE SUBSTANTIALLY SIMILAR TO THE FOLLOWING LANGUAGE ,WHICH, WHICH MAY APPEAR ANYWHERE IN THE BALLOT TITLE :

"Shall funding available for counties, school districts, water districts, fire districts, and other districts funded, at least in part, by property taxes be impacted by a reduction of (projected dollar figure of property tax revenue reduction to all districts in the first full fiscal year that the measure reduces revenue) in property taxrevenue...?".Thetitleboardshallexcludeanydistrictswhoseproperty tax revenuerevenue...?". would not be reduced by the measure from the measure's ballot title.

The title board shall exclude anydistricts whose property tax revenue would not be reduced by the measure from the measure's ballot title.

(g) (I) For measures that increase tax revenue for any district through a tax change and specify the public services to be funded by the increased revenue,THErevenue, THE BALLOT TITLE MUST INCLUDE LANGUAGE SUBSTANTIALLY SIMILAR TO THE FOLLOWING LANGUAGE,WHICHLANGUAGE ,WHICH MAY BE PLACED ANYWHERE after the language required by section 20 (3)(c) of article X of the state constitution:

the ballot title shall state order to increase or improve levels of public services, including (the public service specifiedspecifiedinthemeasure)...".Formeasuresthatincreasetaxrevenueforany indistrict through a tax change and do not specify the measure)...".public services to be funded by the increased revenue, THE BALLOT TITLE MUST INCLUDE LANGUAGESUBSTANTIALLYSIMILARTOTHEFOLLOWINGLANGUAGE ,WHICH MAYAPPEARANYWHERE afterthelanguage requiredbysection20(3)(c)of article X of the state constitution:

Forthe measuresballot thattitle increaseshall taxstate revenueforanydistrictthroughataxchangeanddonotspecifythepublicorder services to beincrease fundedor byimprove thelevels increased revenue,LOT TITLE MUST -4- 1320 INCLUDE LANGUAGE SUBSTANTIALLY SIMILAR TO THE FOLLOWING LANGUAGE ,WHICH MAY APPEAR ANYWHERE after the language required by section 20 (3)(c) of articlepublic Xservices...". of the state constitution:

the(h) In determining whether a ballot title shallqualifies statenas orderbrief tofor increasepurposes orof improvesection levels1-40-102 (10) and subsection (3)(b) SUBSECTION (3)(b)(II)(A) of publicthis services...".section AND WHETHER A BALLOT TITLE USES ACCESSIBLELANGUAGEFORPURPOSESOFSUBSECTION (3)(b)(II)(B)OFTHIS SECTION ,thelanguagerequired bysubsection (3)(e), (3)(f), (3)(g),or(3)(j) of this section may not be considered.

(h)PAGE In3-HOUSE determiningBILL whether26-1320 a(h.5) ballotN titleDETERMINING qualifies as brief for purposes of section 1-40-102 (10) and subsection (3)(b)CTION (3)(b)(II)(A) of this sectionD WHETHER A BALLOT TITLE USESIS ACCESSIBLEWRITTEN LANGUAGEUSING FORACCESSIBLELANGUAGEFORPURPOSESOFSUBSECTION PURPOSES(3)(b)(II)(BOFTHIS OFSECTION SUBSECTION,THE (3)(b)(II)(BOFTITLE THISBOARD SECTION,MAY theCONSIDER languageWHETHER requiredTHE byTITLE subsection: (3)(e), (3)(f), (3)(g), or (3)(j) of this section may not be considered.

(h.5)(I) INAVOIDSUSINGLEGAL DETERMINING,TECHNICAL WHETHER,ORSPECIALIZEDTERMINOLOGY AWHEN BALLOTPOSSIBLE TITLE; IS WRITTEN USINGACCESSIBLELANGUAGEFORPURPOSESOFSUBSECTION (3)(b)(II)(B) OF THIS SECTIO,THE TITLE BOARD MAY CONSIDER WHETHER THE TITL:

(I)(II) AVOIDSCLEARLY USINGIDENTIFIES LEGALTHE ,PRINCIPALCHANGE TECHNICALIN ,LAWOR ORPOLICY SPECIALIZEDPROPOSED TERMINOLOGYBY WHENTHE POSSIBLEPROPOSED LAW OR CONSTITUTIONAL AMENDMENT ;

(II)(III) CLEARLYAVOIDS IDENTIFIESUNNECESSARY THEQUALIFIERS PRINCIPAL, CHANGEDOUBLE INNEGATIVES LAW,AND OROVERLY POLICYCOMPLEX PROPOSEDPHRASING BY THE PROPOSED LAW OR CONSTITUTIONAL AMENDMENT ;

(III)(IV) VOIDSUNNECESSARYQUALIFIERSO ,DOUBLENEGATIVESRGANIZES ,ANDCLAUSES OVERLYSO COMPLEXTHAT PHRASINGTHE ;EFFECT OF A "YES FOR " OR "NO /AGAINST " VOTE IS READILY UNDERSTOOD ;AND (V) P RESENTSNECESSARYINFORMATIONWITHINTHEBALLOTTITLE IN A LOGICAL AND READABLE ORDER .

(IV) ORGANIZESCLAUSESSOTHATTHEEFFECTOFA "YES FOR"OR "NO AGAINST "VOTE IS READILY UNDERSTOOD;AND (V) P RESENTS NECESSARY INFORMATION WITHIN THE BALLOT TITLE IN A LOGICAL AND READABLE ORDE.

In Colorado Revised Statutes, 1-40-106, amend (3)(b),(3)(f),(3)(g)(I),and(3)(h);add(3)(h.5);andamendasamended(3)(b), by(3)(f), House(3)(g)(I), Billand 26-1084(3)(h); (3)(e) as follows:

-5-add 1320(3)(h.5); 1-40-106.