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Sponsors say courts should not rewrite legislatively referred ballot language; opponents warn of politicization and delays
Summary
Representatives Jim Murphy and John Simmons presented identical bills that would prevent courts from rewriting ballot language for legislatively referred measures and instead return disputed language to the legislature or, when out of session, give the Secretary of State authority to revise after consulting sponsors and leaders.
Representatives Jim Murphy and John Simmons presented identical bills (House Bill 414 and House Bill 684) that would change how official ballot titles and summary statements are handled for measures referred to voters by the General Assembly. The bills state that if the General Assembly includes an official summary statement within a joint resolution to place a question on the ballot, courts would not have the authority to rewrite that language; instead the measure would be returned for correction to the legislature or, if the legislature is not in session, the Secretary of State would make changes after consulting the sponsor and legislative leaders.
Murphy framed the bills as a checks-and-balances issue: “If the house passes a joint resolution with the senate to put something on the ballot and puts the ballot language within the bill itself the courts have no right to change that,” he said. Simmons said he agreed and proposed…
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