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SB 615

Election Law - Petitions and Ballot Questions - Contents, Plain Language Requirement, and Procedures

2025 Regular Session Introduced by Cheryl Kagan

SB 615 requires plain-language petition pages and ballot questions, adds a 15-day public comment, and moves certification to July 1 to boost voter understanding.

Hearing 3/26 at 2:15 p.m.
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Bill Summary · SB 615

SB 615 — Election Law: Petitions & Ballot Questions (Plain‑Language & Procedures)

Status: Hearing scheduled 3/26 at 2:15 p.m. (Education, Energy, & the Environment committee)
Introduced: Jan. 25, 2025 (Sen. Kagan)

Main purpose

SB 615 requires that petition signature pages and ballot question materials be written in plain, clear language and adds procedures for early public review and earlier certification deadlines. The bill aims to make initiative and referendum materials and the ballot wording easier for voters to understand, and to create a transparent process for preparing and publishing that material.

Key provisions

  • Petition signature pages (non‑municipal petitions placing a question on the ballot) must include:
    • A brief title describing the topic, goal, or outcome;
    • Either the full text of the proposal or a fair, accurate summary of its substantive provisions written in plain, clear language (no legal jargon, no double negatives or passive voice); and
    • A brief statement explaining the practical outcome of each voting choice.
  • Ballot language requirements for each question:
    • A brief bolded title describing topic/goal/outcome;
    • A condensed statement describing the policy change to be adopted, written in plain, clear language (no legal mechanism explanation, no legal jargon, double negatives, or passive voice); and
    • A brief statement explaining the practical outcome of each voting choice.
  • State Board of Elections (SBE) duties and process changes:
    • When preparing plain‑language guidance, SBE must consider federal Plain Writing Act guidelines and prohibit passive voice, legal jargon, and double negatives in applicable summaries.
    • The deadline by which responsible entities must prepare and certify ballot question information is moved to July 1 immediately preceding a general election (for statewide and certain local questions). The existing fallback deadline (first Friday in August by a clerk) remains for untimely certifications.
    • SBE must make submitted ballot question information available for a 15‑day public comment period. Within 4 days after that period ends, the drafter must review comments, make any needed changes, and submit the certified plain text to SBE for publication.
    • For certain questions (e.g., constitutional amendments, General Assembly enactments referred to voters), SBE and local boards must post the complete text and a link to the applicable legislation at least 90 days before the general election.
  • Clarification that SBE certification of ballot layout does not constitute certification of statutorily required plain‑language wording.
  • No new criminal penalties or major fiscal obligations; SBE reports it can implement the bill with existing resources.

Who is affected

  • Petition sponsors and circulators (must provide plain‑language summaries or full text on signature pages).
  • County, municipal, and state attorneys and clerks who prepare ballot language.
  • State Board of Elections and local election boards (new posting/comment duties; earlier preparation deadlines).
  • Voters (intended benefit: clearer explanations of ballot questions).

Timeline & procedural points

  • Ballot question materials must be prepared/certified by July 1 immediately before the general election (moved earlier from current law’s timeline).
  • 15‑day public comment period on submitted ballot question text; drafter must act within 4 days after the comment period ends.
  • For specified question types, public posting must start at least 90 days before the election.

Fiscal & policy implications

  • Fiscal note: SBE can absorb implementation with current resources; no material state/local fiscal impact anticipated.
  • Policy tradeoffs: promotes voter comprehension and transparency; may raise practical questions about who drafts and disputes "plain‑language" summaries and how contested wording will be resolved.

Notes: The bill text contains detailed drafting and formatting rules. Stakeholders likely to monitor implementation guidance from SBE (which must follow plain‑language rules and issue instructions).

Compiled from official sources — confirm details with the bill’s official record.

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