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Senate advances bill shifting burden on initiative ballot titles; debate over limiting court review
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Summary
A Senate bill creating a presumption that the Office of Legislative Research and General Counsel’s ballot titles are impartial cleared second reading after a sharp floor exchange about limiting Supreme Court review; supporters say it provides needed clarity, opponents say it limits challengers’ ability to secure fair ballot language.
Senators advanced a measure that would make the ballot titles prepared by the Office of Legislative Research and General Counsel presumptively impartial and restrict Supreme Court revision unless challengers show the title is "patently false or biased." Senator Hilliard, sponsor of Senate Bill 86, said the change is aimed at providing guidance after a recent court decision left staff without a clear standard and invited litigation over intent and wording. He told colleagues the bill "creates a presumption that the ballot title prepared by the Office of Legislative Research and General Counsel is impartial."
Senator Stevenson spoke in opposition, citing the initiative experience with initiatives "A" and "B" and arguing that challengers should be allowed to ask the court to correct misleading language. Stevenson said the court’s revised ballot titles previously provided "a more accurate, a more clear job" and that limiting review would improperly narrow recourse for advocates of initiatives. Hilliard replied the bill does not immunize unfair wording entirely; he said challengers could still prevail if they prove a title is patently false or biased, and that the statute answers questions the Supreme Court left unresolved.
No amendment was adopted on the floor during the exchange. The measure passed to the third-reading calendar after roll-call (the transcript records the bill "having received 20 aye votes, 4 nay votes, and 5 being absent" on second-reading action noted in the record). The sponsor said the bill is intended to reduce uncertainty that invites litigation over ballot language and to provide a clearer statutory standard for staff and courts. The measure will return for final consideration on third reading, where any amendments or fiscal considerations may be addressed.
