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Colorado voters will decide in November whether to amend the state constitution to require that future ballot questions be written in language that an eighth grader can understand.
Current law requires ballot questions to be written in plain English, but it doesn’t set a reading level.
Since the proposal would add language to the state constitution, it would need at least 55% support to pass.
Here’s a look at what Amendment 85 would do, who is behind it and who is opposed to it.
What would Amendment 85 do?
Amendment 85 would change the state constitution to require that questions appearing on the ballot be written in language that is no more complex than an eighth-grade reading level.
The questions are called “titles” and summarize the substance of the proposals — some pages long — so they can be answered with a simple “yes” or “no.”
Ballot titles for measures being placed on the ballot through the citizen initiative process, which requires gathering tens of thousands of voter signatures, are finalized by the state’s Title Board, which includes representatives from the Attorney General’s Office, the Secretary of State’s Office and the legislature’s nonpartisan legal office.
Amendment 85 would apply to citizen initiatives and measures referred to the ballot by the legislature.
The measure would also prohibit state lawmakers from passing laws interfering with the eighth-grade reading level and plain language requirements for citizen initiatives.
Who is behind Amendment 85 and why?
The amendment was proposed by Advance Colorado, a conservative political nonprofit that doesn’t disclose its donors and has five other measures on the ballot this year.
It also is supported by former Denver elections official Amber McReynolds, who is unaffiliated; liberal commentator and consultant Deep Singh Badesha; and the advocacy arm of Courageous Colorado, which describes itself as a “cross-partisan movement” aimed at improving elections and democracy.
The African Leadership Group, which advocates for the African immigrant community, also backs the proposal and its political arm funded the amendment’s campaign website.
Backers say that defining exactly what plain language means will help create simple titles that voters can better understand. (The state’s ballot information book, a nonpartisan election guide known as the “,” points out that the measure does not define what plain language is or who would determine if ballot titles meet the standard.)
Since the standard would be in the state constitution, they say state lawmakers wouldn’t be able to change it or add laws to change how ballot measures are written.
Advance Colorado points out that other states have taken similar steps, including New York. It passed a law in 2023 requiring ballot questions to be in plain language no higher than an eighth-grade reading level.
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In an online post, African Leadership Group founder Papa Dia wrote about how it was difficult for him to understand Colorado’s ballots after becoming a citizen and a voter.
“Voters want to understand the question. They want to know what yes means and what no means. Then they want the freedom to decide for themselves,” he wrote.
McReynolds said voters frequently called the Denver clerk’s office asking for help to understand what a “no” and “yes” vote meant on ballot measures. She said the proposed amendment would provide a better experience for voters by providing more clarity about what ballot questions are about.
“That’s positive for the voting public,” she said.
A group called Brighter Colorado has raised $306,625 as of mid-September to support Amendment 85 and other Advance Colorado proposals.
Most of that money, $250,000, came from a group called Common Sense America, which lists a Washington, D.C.-area shipping and mailbox rental store as its address. Common Sense America also reported spending a total of $1.5 million to help gather signatures for petitions to get Advance Colorado’s proposals on the ballot this year, including $500,000 for Amendment 85.
Who is opposed to Amendment 85 and why?
The Bell Policy Center, a liberal fiscal policy nonprofit, and a group called Vote Common Sense, a coalition of liberal groups, including environmental, labor and abortion rights organizations that are fighting a variety of ballot proposals, oppose Amendment 85. Vote Common Sense had raised about $495,000 through mid-September to fight the range of measures.
The Bell Policy Center, while not required to reveal its funding sources, has shared a list of its donors with The Colorado Sun. They include a number of liberal-leaning nonprofits and foundations, as well as individual donors sympathetic to Democratic candidates and causes.
Opponents say Amendment 85 isn’t necessary. Earlier this year, state lawmakers passed a law requiring ballot titles to be written in “accessible language,” which is defined as language that is understood by the widest possible audience.
They also say Amendment 85 would prevent state lawmakers from passing laws requiring certain language to be included in ballot questions, such as explaining the complicated impact of proposals that spend tax dollars on the rest of the state’s budget.
Joshua Mantell, Bell Policy Center’s director of government relations, said ballot proposals should be explained as simply as possible but requiring an eighth-grade standard is too restrictive. He said simply including the word “fiscal” in a ballot question could put it above an eighth-grade level.
In a state where voters are often asked to decide complicated issues, ballot proposals could have to be boiled down to the equivalent of a campaign slogan style statement, he said. Mantell said the change could help Advance Colorado pass future ballot questions.
“I don’t think they want voters to have all the information. I think they want voters to have their information,” he said.
How Amendment 85 appears on the ballot
Shall there be an amendment to the Colorado Constitution concerning ballot question language, and, in connection therewith, requiring all state and local ballot questions to be written in plain language and at no more than an eighth grade reading level and prohibiting a state statute from requiring language that conflicts with these requirements in ballot questions for citizen-initiated measures?
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Read the nonpartisan state ballot guide analysis of the measure .