Preparation of a Ballot Title and Summary
Overview
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.
Presently, a wide range of procedures exists in states for ballot title setting. In Colorado there is a special Ballot Title Board. Initiative proponents must appear before the board, which assigns a title, before the sponsor is authorized to gather signatures. In some states, the title is written by the sponsor, subject to the approval of a state official. In other states, the ballot title is written either by the attorney general, secretary of state or lieutenant governor.
Drafting the Initiative Title
|
|
Party Responsible for Drafting Title |
Where to File Challenge
|
|
Petition |
Ballot |
|
Alaska |
Proponent (approved by Lt. Governor) |
Lt. Governor and Attorney General |
Superior Court |
|
Arizona |
Proponent |
Proponent (approved by Attorney General) |
Superior Court |
|
Arkansas |
Proponent (approved by Attorney General) |
Proponent (approved by Attorney General) |
Supreme Court |
|
California |
Attorney General |
Attorney General |
Sacramento County District Court |
|
Colorado |
Secretary of State and Ballot Title Board |
Secretary of State and Ballot Title Board |
Supreme Court |
|
Florida |
Proponent (approved by Secretary of State) |
Proponent (approved by Secretary of State) |
Supreme Court |
|
Idaho |
Attorney General |
Attorney General |
Supreme Court |
|
Illinois |
Proponent (approved by Board of Elections) |
Proponent (approved by Board of Elections) |
Not specified in law |
|
Maine |
Secretary of State |
Secretary of State |
Superior Court |
|
Massachusetts |
Proponent (approved by Attorney General) |
Secretary of State (approved by Attorney General) |
Supreme Judicial Court |
|
Michigan |
Proponent |
Director of Elections with the approval of the Board of State Canvassers |
State District Court |
|
Mississippi |
Attorney General |
Attorney General |
Circuit Court of 1st Judicial District of Hinds County |
|
Missouri |
Secretary of State |
Secretary of State |
Circuit Court of Cole County, appeal to Supreme Court |
|
Montana |
Attorney General |
Attorney General |
District Court in Lewis and Clark County |
|
Nebraska |
Same as summary by proponent |
Attorney General |
District Court |
|
Nevada |
None
(Full text only) |
None (summary only) |
N/A |
|
North Dakota |
Secretary of State and Attorney General |
Secretary of State and Attorney General |
Supreme Court |
|
Ohio |
Proponent (approved by Attorney General) |
Proponent (approved by Attorney General) |
Not specified in law |
|
Oklahoma |
No separate title; summary serves as title |
Proponent (approved by Secretary of State and Attorney General) |
Supreme Court |
|
Oregon |
Attorney General |
Attorney General |
Supreme Court |
|
South Dakota |
None required |
Attorney General |
Circuit Court |
|
Utah |
None required |
Office of Legislative Research and General Counsel (approved by Lt. Governor) |
Supreme Court |
|
Washington |
Attorney General |
Attorney General |
Thurston County Superior Court |
|
Wyoming |
Proponent |
Secretary of State |
District Court of Laramie County |
Source: National Conference of State Legislatures, January 2002.
At the time the ballot title is drafted, the title-setting entity often includes a statement of what the result of a "yes vote" means if the measure is passed and what the result of a "no vote" means if the measure is defeated. In Oregon, this statement is drafted by the attorney general and may not exceed 25 words. In Washington, the ballot title, drafted by the attorney general, consists of three parts: a statement of the subject of the petition in 10 words or less, a concise summary in 30 words or less, and a question crafted in a way that clearly defines what a "yes" and a "no" vote mean.
Two types of summaries are drafted for initiatives. The first is the summary that appears on the petition; it is usually drafted by the same person or agency that drafts the ballot title. The other summary appears in the voter information pamphlet, which is discussed further in chapter six. In all states, the summary, whether drafted by proponents, the attorney general, secretary of state, or another state agency, is a concise statement of the main points of the proposed measure. Proposed initiative summaries in all states are required to be impartial and non-argumentative. The number of words usually is limited; in Washington, it is limited to 75 words written by the attorney general, and in Florida, it also is limited to 75 words written by the sponsor, with the approval of the secretary of state.
Drafting the Initiative Summary
|
|
Party Responsible for Drafting Summary |
Where to File Challenge |
|
Petition |
Ballot |
|
Alaska |
Lt. Governor and Attorney General |
Proponent (approved by Lt. Governor) |
Superior Court |
|
Arizona |
None |
Secretary of State (approved by Attorney General) |
Superior Court |
|
Arkansas |
Proponent (approved by Attorney General) |
Proponent (approved by Attorney General) |
Arkansas Supreme Court |
|
California |
Attorney General |
Attorney General |
Sacramento County District Court |
|
Colorado |
None |
Secretary of State and Ballot Title Board |
Supreme Court |
|
Florida |
Proponent (approved by Secretary of State) |
Proponent (approved by Secretary of State) |
Supreme Court |
|
Idaho |
Attorney General |
Attorney General |
Supreme Court |
|
Illinois |
Proponent (approved by Board of Elections) |
Proponent (approved by Board of Elections) |
Not specified in law |
|
Maine |
Revisor of Statutes, approved by Secretary of State |
Revisor of Statutes (approved by Secretary of State) |
Superior Court |
|
Massachusetts |
Secretary of State (approved by Attorney General) |
Secretary of State (approved by Attorney General) |
Supreme Judicial Court |
|
Michigan |
None |
Director of Elections (approved by Board of State Canvassers) |
State District Court |
|
Mississippi |
Attorney General |
Attorney General |
Circuit Court of 1st Judicial District of Hinds County |
|
Missouri |
None |
Attorney General |
Circuit Court of Cole County, appeal to Supreme Court |
|
Montana |
Attorney General |
Attorney General |
District Court in and for the county of Lewis and Clark |
|
Nebraska |
Proponent |
Attorney General |
District Court |
|
Nevada |
None |
Secretary of State and Attorney General |
Not specified in law |
|
North Dakota |
Secretary of State (approved by Attorney General ) |
Secretary of State (approved by Attorney General ) |
Supreme Court |
|
Ohio |
Proponent (approved by Attorney General) |
Proponent (approved by Attorney General) |
Not specified I law |
|
Oklahoma |
Proponent (approved by Secretary of State and Attorney General) |
Proponent (approved by Secretary of State and Attorney General) |
Supreme Court |
|
Oregon |
Attorney General |
Attorney General |
Supreme Court |
|
South Dakota |
None |
Attorney General |
Circuit Court |
|
Utah |
None |
Attorney General |
Supreme Court |
|
Washington |
Attorney General |
Attorney General |
Thurston County Superior Court |
|
Wyoming |
None |
Secretary of State |
District Court of Laramie County |
Source: National Conference of State Legislatures, January 2002.
For more information on Initiative and Referendum - contact Jennie Drage Bowser elections-info@ncsl.org.
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