Ballot title
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A ballot title is the official, short, summary of a ballot measure that appears on the ballot. The goal of a good ballot title is to be a neutral summary that accurately conveys to voters the gist of what the proposed new law says or would do. The National Conference of State Legislatures says, "The ballot title and summary are arguably the most important part of an initiative in terms of voter education. Most voters never read more than the title and summary of the text of initiative proposals. Therefore, it is of critical importance that titles and summaries be concise, accurate and impartial."[1]
However, it is not always clear how one would neutrally describe the gist of what a new law would do.
As a result, ballot titles are fertile grounds for conflict and lawsuits. (See 2008 ballot title challenges.)
Differences between states
One way that states differ in laws governing the initiative process has to do with whether the ballot title is determined before signatures are collected, or after.
Another way that states differ has to do with whether the ballot title is determined by the government (which could be a commission, a ballot title determination board, the Secretary of State, or some other election official) or whether the ballot title is determined by the political organization that is advocating for the measure.
Pre-circulation ballot titles
States where the ballot title is set prior to circulation include:
Alaska, Arkansas, California, Colorado, Idaho,[2] Maine, Massachusetts, Mississippi, Missouri, Montana, North Dakota, Ohio, Oregon (In Oregon, the ballot title is set after 1,000 initial sponsorship signatures have been submitted) and Washington.
Post-circulation ballot titles
States where the ballot title is determined by the government after the signatures have been collected are:
Arizona, Michigan, Nebraska, Nevada, Oklahoma[3], Utah, Wyoming[4].
Ballot titles determined by proponents
In Florida and South Dakota, the ballot title is determined by the proponent, subject to legal challenge by opponents in court.
Impact of ballot title on election outcome
There is a general consensus that the ballot title can be highly determinative of whether a ballot measure wins or loses.
Ballot title challenges
2008
2002
Proposed changes
- Roger Niello, a Republican in the California State Assembly, has introduced California Assembly Bill 319 in 2009. AB 319 proposes to transfer responsibility for writing the ballot titles of statewide California propositions from the California Attorney General's office to the office of the California Legislative Analyst’s Office (LAO). AB 319 would also have the LAO come up with the fiscal estimates for statewide ballot propositions, rather than the current system under which the fiscal estimate is compiled jointly by the Department of Finance and the Joint Legislative Budget Committee along with an estimate by the LAO.[5]
See also
References
- ↑ Preparation of a ballot title and summary
- ↑ Idaho petition requirements
- ↑ Brief of Oklahoma petition process';
- ↑ Wyoming laws governing the initiative process from the Wyoming Secretary of State
- ↑ Rocklin Today, "AB 319 will reduce misleading information for ballot initiatives", February 26, 2009
