Colorado voters reject initiative requiring that ballot measures be written in 8th grade language

Colorado voters have rejected an effort to add an amendment to the state constitution that would have required that all ballot questions be written in language an eighth grader can understand.

The Associated Press hadn’t called the race yet, but supporters of the measure conceded defeat Thursday. The initiative was failing at 8 a.m. Friday with 51% of the votes counted in favor and 49% opposed. But the initiative needed the support of 55% of voters to pass because it adds language to the state constitution. 

“We are grateful that a majority of Colorado voters supported Amendment 85,” Jason Gaulden, a spokesperson for the Yes on 85 campaign, said in a written statement. “Our constitution appropriately requires a higher level of support for passage, which Amendment 85 did not clear.” 

Amendment 85 would have required that state and local ballot questions be written in language that is no more complex than an eighth grade reading level. It doesn’t specify how that should be determined, but there are existing tests that can be used to determine that. 

A law passed by the Colorado legislature this year already requires that statewide ballot measures be written in accessible language. But backers of Amendment 85 argued it would be better to have a defined standard in the state constitution that applies to all ballot questions and couldn’t be changed by lawmakers. 

The measure was proposed by Advance Colorado, a conservative political nonprofit that doesn’t disclose its donors. The same group was also behind five other statewide ballot measures this year. 

However, Amendment 85 picked up support from some Democrats, including Gov. Jared Polis, and immigrant groups, like the African Leadership Group. The political arm of Courageous Colorado, which describes itself as a “cross-partisan movement” aimed at improving elections and democracy, also backed the measure. Courageous Colorado is partly funded by groups affiliated with Ken Thiry, the wealthy former CEO of the Denver-based dialysis giant DaVita.

The Colorado Civic Alliance, a nonprofit formed in May, spent about $2.5 million on signature gathering and ads for Amendment 85. The nonprofit doesn’t disclose its donors, but a spokesperson for Thiry told The Colorado Sun that he is part of the group.

Courageous Colorado Action, a nonprofit that doesn’t disclose its donors and is associated with Courageous Colorado, spent upwards of $100,000 in support of the measure.

A Common Sense America, a conservative political nonprofit that doesn’t disclose its donors, spent about $500,000 on signature gathering to get the initiative on the ballot.

Opponents of the measure included Colorado Common Cause, a liberal-leaning nonprofit that advocates for open government, and the Bell Policy Center, a liberal fiscal policy nonprofit. 

A group called Vote Common Sense, a coalition of liberal groups, including environmental, labor and abortion rights organizations, fought a variety of ballot proposals filed by Advance Colorado and others, including Amendment 85. 

Opponents of Amendment 85 said it would make it difficult to explain the kinds of complicated ballot issues that voters are asked to decide in Colorado. 

Colorado Sun staff writer Jesse Paul contributed to this report.