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Amendment 85 would require Colorado ballot questions to be written in plain language

Measure, backed by conservative group, proposes that ballot titles be written at an 8th-grade reading level

A voter at the Van Cise-Simonet Detention Center in Denver looks over his ballot on Oct. 30, 2024. (Photo by Helen H. Richardson/The Denver Post)
A voter at the Van Cise-Simonet Detention Center in Denver looks over his ballot on Oct. 30, 2024. (Photo by Helen H. Richardson/The Denver Post)
Denver Post staff reporter Jessica Alvarado Gamez at the Post offices on Tuesday, Nov. 26, 2024. (Photo by AAron Ontiveroz/The Denver Post)
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Colorado voters will decide in the November election whether future — the wording of the questions on the ballot — should be easier to understand.

Amendment 85 would require those titles to be written in plain language, at no higher than an eighth-grade reading level. It also could prohibit additional restrictions from being placed on ballot titles if they’d interfere with the plain-language language requirement.

Because it would add language to the state constitution, Amendment 85 needs at least from voters to pass.

What would Amendment 85 do if passed?

Amendment 85 would require ballot titles to be written in plain language, defined as an eighth-grade reading level.

Under Colorado law, ballot questions already must clearly state the measure’s main purpose and help voters understand what a “yes/for” or “no/against” vote would mean, avoiding legal, technical or specialized terminology when possible.

The says an eighth-grade reading level means language that can be easily and fully understood by a majority of people. That generally means shorter sentences, familiar words and a conversational tone.

The measure does not define plain language or designate who will determine if ballot titles meet the standard, the guide stated.

Amendment 85 would also prohibit laws requiring citizen initiatives to include certain types of language in the ballot title that could interfere with the plain language requirement. Ballot titles for measures referred by the state legislature would not be subject to this restriction.

Colorado laws do include additional requirements for certain types of ballot measures, including some added recently by lawmakers. Citizen initiatives that would increase or reduce state taxes must describe the impact on taxpayers. Initiatives that would reduce tax collections now must estimate those reductions and the impact on the three largest areas of state spending.

What would it cost?

The Blue Book does not estimate any fiscal impact. It says the measure may slightly increase the workload for the , which includes representatives from the secretary of state, the attorney general’s office and the General Assembly, to update its standards for plain language and what qualifies as an eighth-grade reading level.

What do supporters say?

Supporters say the measure would give additional guidance and create a standard for writing simple ballot titles that voters can understand more easily.

The conservative advocacy group Advance Colorado sponsored Amendment 85, and it’s also supported by the Denver-based libertarian think tank .

“We generally oppose any limitations on citizen-led ballot initiatives, but we also want Coloradans to understand what they are voting on,” the Independence Institute stated on its website.

“Amendment 85 provides some necessary guardrails to ballot language, both referred and citizen-initiated. Locally referred measures, in particular, often seem complicated and cryptic when a plain language description should be easy to generate.”

What do opponents say?

Opponents say the measure is unnecessary because state law already provides guidance for writing ballot titles in plain language.

The League of Women Voters of Colorado , citing this year’s , which passed and already requires the Title Board to write ballot titles in accessible, plain language.

“We wholeheartedly support the goal behind this measure — voters deserve ballot language they can read and understand,” said Beth Hendrix, the executive director of LWVCO. “But the legislature has already addressed this problem, and there’s no reason to lock a specific fix permanently into our state constitution.”

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