Bill would allow longer ballot summaries and set court deadlines

Under the bill, the General Assembly may approve an official summary of up to 100 words for a statewide measure it sends to voters. This applies to statewide ballot measures referred by the General Assembly. The summary, together with the approved fiscal note summary, forms the official ballot title. The summary must fairly describe the measure and avoid language meant or likely to sway voters.

Under the bill, the secretary of state must submit up to three revised summaries when a court finds a challenged summary unfair or insufficient. This applies to court challenges to the summary part of a statewide ballot title. The court must keep the case open during revisions. If the third version is still unfair or insufficient, or the secretary of state misses a deadline, the court must write a fair summary for the ballot. For cases started in even-numbered years, the three revisions are due within three, two, and one days. For cases started in odd-numbered years, they are due within seven, five, and three days.

Under the bill, an appeal of a circuit court decision that a summary is fair and sufficient generally must return to the circuit court if the appeals court finds the summary unfair or insufficient. This applies to appeals of circuit court decisions about whether a ballot summary is fair and sufficient. The appeals court may suggest fixes but cannot rewrite the summary. The Supreme Court may hear the appeal instead of sending it back if the case has not been fully decided within 152 days of filing or fewer than 98 days remain before the election.