Arkansas Issue 2, 60% Supermajority Vote Requirement for Constitutional Amendments and Ballot Initiatives Measure (2022)
| Arkansas Issue 2 | |
|---|---|
 | |
| Election date November 8, 2022 | |
| Topic Supermajority requirements | |
Status Defeated | |
| Type Constitutional amendment | Origin State legislature |
Arkansas Issue 2, the 60% Supermajority Vote Requirement for Constitutional Amendments and Ballot Initiatives Measure, was on the ballot in Arkansas as a legislatively referred constitutional amendment on November 8, 2022. The measure was defeated.
A "yes" vote supported requiring a 60% supermajority vote of approval from voters to adopt constitutional amendments (legislatively referred and citizen-initiated) and citizen-initiated state statutes. |
A "no" vote opposed requiring a 60% supermajority vote of approval from voters to adopt constitutional amendments (legislatively referred and citizen-initiated) and citizen-initiated state statutes, thereby continuing to require a simple majority vote of approval for adoption. |
Election results
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Arkansas Issue 2 |
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|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 353,812 | 40.88% | ||
|
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511,580 | 59.12% | ||
Overview
What would Issue 2 have changed about vote requirements for ballot measures?
As of 2021, ballot measures in Arkansas required a simple majority (50%+1) vote for approval. This amendment would have amended the state constitution to require a three-fifths 60% supermajority vote of approval from voters to adopt constitutional amendments (legislatively referred and citizen-initiated) and citizen-initiated state statutes. The supermajority requirement would not have applied to veto referendums, which would have continued to require a simple majority (50%+1) vote for approval under the amendment.[1]
Do other states have supermajority requirements for ballot measures?
- See also: Background
Constitutional amendments, whether citizen-initiated or legislatively referred, require approval by voters in a statewide election to become a part of the state’s constitution except in Delaware. As of 2021, 38 states required a simple majority vote (50%+1) for a proposed constitutional amendment to be adopted. In 11 states, voters must approve a proposed constitutional amendment by more than a simple majority or by some rule that combines different criteria.
As of 2021, none of the 23 states with a process for citizen-initiated state statutes or veto referendums required a supermajority vote of approval to adopt them. Three states—Florida, Utah, and Washington—have a supermajority requirement for certain initiatives dealing with specified topics.
Were supermajority requirements proposed for ballot measures in other states?
Legislation to enact or increase supermajority requirements for ballot measures was introduced in 2021 sessions in seven states: Arizona, Arkansas, Florida, Missouri, North Dakota, Oklahoma, and South Dakota.
Arizona voters decided Proposition 132 on November 8, which was designed to require a 60% vote for voters to pass ballot measures to approve taxes. It It was approved. A constitutional amendment was on the June 2022 ballot in South Dakota, where it was defeated. It would have required a three-fifths (60%) supermajority vote for the approval of ballot measures placed on the ballot through citizen initiative or referred to the ballot by the state Legislature that increase taxes or fees or that would require the state to appropriate $10 million or more in the first five fiscal years.
A list of potential ballot measures concerning supermajority requirements for ballot measures can be found here.
Ballotpedia tracked 370 legislative proposals concerning ballot measures, initiatives, veto referendums, referrals, local ballot measures, and recall elections in 44 states during 2021 legislative sessions.
Of the 370 introduced bills, 36 bills (9.7%) were passed and enacted into law. Legislatures passed 40 bills, and governors vetoed four of those bills.
How did this measure get on the ballot?
- See also: Path to the ballot
To put a legislatively referred constitutional amendment before voters, a simple majority vote is required in both the Arkansas State Senate and the Arkansas House of Representatives. The amendment was sponsored by Rep. David Ray (R). It was passed in the House on April 15, 2021, by a vote of 74-18 with eight members absent or not voting. In the House, 72 Republicans voted in favor of the measure and one voted against it. Among House Democrats, two voted in favor and 17 voted against. The Senate passed the amendment on April 22, 2021, by a vote of 23-6 with six members absent or not voting. In the Senate, all votes in favor came from Republicans, and all votes against came from Democrats and the independent.[1]
Text of measure
Popular name
The popular name was as follows:[1]
| “ |
A constitutional amendment to be known as the "Constitutional Amendment and Ballot Initiative Reform Amendment"[2] |
” |
Ballot title
The ballot title was as follows:[1]
| “ | An amendment to the Arkansas Constitution, to be known as the "constitutional amendment and ballot initiative reform amendment", concerning the number of votes required for approval of certain measures presented to voters; requiring that initiatives proposed under Arkansas Constitution, Article 5, § 1, 18 and constitutional amendments proposed under Arkansas Constitution, Article 19, § 22, and Arkansas Constitution, Amendment 70, § 2, shall be approved when receiving at least sixty percent (60%) of the votes cast on the proposed initiative or proposed constitutional amendment; and requiring that a measure subject to a referendum shall be repealed if the measure is rejected by a majority of the electors voting upon the matter.[2] | ” |
Constitutional changes
The measure would have amended the sections titled Majority and Conflicting Measures in Section 1 of Article 5 as well as the section titled Constitutional Amendments in Section 22 of Article 19, and Amendment 70 of the Arkansas Constitution. The following struck-through text would have been deleted and underlined text would have been added.
Note: Use your mouse to scroll over the below text to see the full text.
Article 5, § 1:
... Conflicting Measures. If conflicting measures initiated or referred to the people shall be approved by ... Article 19, § 22: § 22. Constitutional amendments. Either branch of the General Assembly, at a regular session thereof, may propose amendments to this Constitution; and if the same be agreed to by a majority of all members elected to each house, such proposed amendments shall be entered on the journals with the yeas and nays, and published in at least one newspaper in each county, where a newspaper is published, for six months immediately preceding the next general election for Senators and Representatives, at which time the same shall be submitted to the electors of the State, for approval or rejection; and if ... Amendment 70, § 2: § 2. Additional Constitutional amendments authorized. In addition to the three amendments to the Constitution allowed pursuant to Article 19, § 22, either branch of the General Assembly at a regular session thereof may propose an amendment to the Constitution to change the salaries for the offices of Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer of State, Commissioner of State Lands, and Auditor of State and for members of the General Assembly. If the same be agreed to by a majority of all members elected to each house, such proposed amendment shall be entered on the journals with the yeas and nays, and published in at least one newspaper in each county, where a newspaper is published, for six months immediately preceding the next general election for Senators and Representatives, at which time the same shall be submitted to the electors of the State for approval or rejection. If |
Full text
The full text of the proposed constitutional changes is available here.
Readability score
- See also: Ballot measure readability scores, 2022
Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.
The FKGL for the ballot title is grade level 18, and the FRE is 4. The word count for the ballot title is 22.
The FKGL for the ballot summary is grade level 28, and the FRE is -18. The word count for the ballot summary is 100.
Support
Defend AR Constitution registered as a ballot measure committee to support the amendment.
Supporters
Officials
- State Sen. Ben Gilmore (R)
- State Rep. Bart Hester (R)
- State Rep. David Ray (R)
Candidates
- Sarah Huckabee Sanders (R) - Arkansas Gubernatorial candidate
Arguments
Opposition
Protect AR Constitution, Protect AR Vote and Protect AR Rights registered as committees to oppose the amendment. Protect AR Vote dissolved its committee on September 15, 2022.
Opponents
Candidates
- Chris Jones (D) - Arkansas Gubernatorial candidate
Organizations
- American Association of University Women of Arkansas
- Arkansas Advocates for Children and Families
- Arkansas Citizens First Congress
- Arkansas Education Association
- Arkansas Public Policy Panel
- Arkansas United
- Ballot Initiative Strategy Center
- For AR People
- League of Women Voters of Arkansas
- NAACP of Arkansas
Individuals
- David Couch (Nonpartisan) - Arkansas Attorney and previous sponsor of initiatives in Arkansas
Arguments
Media editorials
- See also: 2022 ballot measure media endorsements
Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.
Support
Submit links to editor@ballotpedia.org.
Opposition
Campaign finance
One committee registered to support the initiative:[3]
- Defend AR Constitution: The committee reported $78,000 in contributions and $77,940 in expenditures.[3]
Three committees registered to oppose the initiative:[3]
- Protect AR Constitution: The committee reported $1.15 million in contributions with $655,142 coming from The Fairness Project.
- Protect AR Rights: The committee reported $335,238 in contributions with $108,185 coming from the Ballot Initiative Strategy Center. The committee was dissolved on December 29, 2022.
- Protect AR Vote: The committee received $3,895 in in-kind contributions from the League of Women Voters of Arkansas. Protect AR Vote dissolved its committee on September 15, 2022.
| Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
|---|---|---|---|---|---|
| Support | $78,000.00 | $0.00 | $78,000.00 | $77,940.00 | $77,940.00 |
| Oppose | $970,978.00 | $513,824.22 | $1,484,802.22 | $955,475.71 | $1,469,299.93 |
Support
| Committees in support of Issue 2 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Defend AR Constitution | $78,000.00 | $0.00 | $78,000.00 | $77,940.00 | $77,940.00 |
| Total | $78,000.00 | $0.00 | $78,000.00 | $77,940.00 | $77,940.00 |
Donors
The following were the top donors to the support committee.[3]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| FGA Action Inc. | $65,000.00 | $0.00 | $65,000.00 |
| William Rockefeller | $8,000.00 | $0.00 | $8,000.00 |
| AR Conservative Legislative PAC | $5,000.00 | $0.00 | $5,000.00 |
Opposition
The following table includes contribution and expenditure totals for the committees in opposition to the amendment.[3]
| Committees in opposition to Issue 2 | |||||
|---|---|---|---|---|---|
| Committee | Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures |
| Protect AR Constitution | $800,528.00 | $345,141.67 | $1,145,669.67 | $793,702.87 | $1,138,844.54 |
| Protect AR Rights | $170,450.00 | $164,787.55 | $335,237.55 | $161,772.84 | $326,560.39 |
| Protect AR Vote | $0.00 | $3,895.00 | $3,895.00 | $0.00 | $3,895.00 |
| Total | $970,978.00 | $513,824.22 | $1,484,802.22 | $955,475.71 | $1,469,299.93 |
Donors
The following were the top donors to the opposition committees.[3]
| Donor | Cash Contributions | In-Kind Contributions | Total Contributions |
|---|---|---|---|
| The Fairness Project | $450,000.00 | $205,141.67 | $655,141.67 |
| Article IV | $150,000.00 | $140,000.00 | $290,000.00 |
| Arkansas Public Policy Panel | $85,000.00 | $40,284.36 | $125,284.36 |
| The Ballot Initiative Strategy Center | $0.00 | $108,184.79 | $108,184.79 |
| National Education Association | $75,000.00 | $0.00 | $75,000.00 |
| Unite America | $75,000.00 | $0.00 | $75,000.00 |
Methodology
To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.
Polls
- See also: 2022 ballot measure polls
- Are you aware of a poll on this ballot measure that should be included below? You can share ballot measure polls, along with source links, with us at editor@ballotpedia.org.
| Arkansas Issue 2, 60% Supermajority Vote Requirement for Constitutional Amendments and Ballot Initiatives Measure (2022) | ||||||
|---|---|---|---|---|---|---|
| Talk Business & Politics-Hendrix College | 10/17/2022-10/18/2022 | 974 LV | ± 3.9% | 38.5% | 38.5% | 23% |
| Question: "Issue 2, the “Constitutional Amendment and Ballot Initiative Reform Amendment”, would change the number of votes required for approval of initiated acts and constitutional amendments (both proposed by the people and referred by the legislature) to at least 60 percent of the votes cast. If the election were held today, would you vote for or against Issue 2?" | ||||||
| Talk Business & Politics-Hendrix College | 09/12/2022 | 835 LV | ± 3.8% | 34% | 32% | 36% |
| Question: "Issue 2, the “Constitutional Amendment and Ballot Initiative Reform Amendment”, would change the number of votes required for approval of initiated acts and constitutional amendments (both proposed by the people and referred by the legislature) to at least 60 percent of the votes cast. If the election were held today, would you vote for or against Issue 2?" | ||||||
| Note: LV is likely voters, RV is registered voters, and EV is eligible voters. | ||||||
Background
Majority requirements for constitutional amendments
Constitutional amendments require approval by voters in a statewide election to become a part of the state's constitution except in Delaware. As of 2021, 38 states required a simple majority vote (50%+1) for a proposed constitutional amendment to be adopted. In 11 states, voters must approve a proposed constitutional amendment by more than a simple majority or by some rule that combines different criteria.
| Expand the content below to see details about approval requirements for constitutional amendments |
|---|
Simple majorityAs of 2021, 38 states required a simple majority vote (50%+1) for a proposed constitutional amendment to be adopted. In Nevada, a simple majority vote is required for all constitutional amendments, however, initiated constitutional amendments must be approved by voters at two successive general elections. 55% supermajority
Three-fifths (60%) supermajority
Two-thirds (66.67%) supermajority
Other
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Changes in 2021 to laws governing ballot measures
Ballotpedia tracked 370 legislative proposals concerning ballot measures, initiatives, veto referendums, referrals, local ballot measures, and recall elections in 44 states during 2021 legislative sessions.
Of the 370 introduced bills, 36 bills (9.7%) were passed and enacted into law. Legislatures passed 40 bills, and governors vetoed four of those bills.
Legislation to enact or increase supermajority requirements for ballot measures was introduced in 2021 sessions in seven states: Arizona, Arkansas, Florida, Missouri, North Dakota, Oklahoma, and South Dakota.
Arkansas Senate Bill 614, which was passed by the state Legislature, was designed to do the following:
- ban paying signature gatherers based on the number of signatures gathered, a payment method called pay-per-signature;
- require circulators to be state residents and citizens;
- add certain offenses in addition to any felony, election law violations, fraud, forgery, and identity theft that disqualify a person from being a signature gatherer, including assault, battery, intimidation, threatening, sexual offenses, trespassing, vandalism, and theft;
- require initiative sponsors to certify that signature gatherers do not have any disqualifying conviction and put the burden of proof on initiative sponsors with regard to lawsuits and administrative proceedings;
- make it a felony for petition sponsors or their representatives to knowingly pay a circulator for or submits petitions for which the circulator did not personally witness all signatures; and
- make it a felony for a circulator to not report another circulator that provides a false affidavit that they personally witnessed all signatures.
Provisions in Senate Bill 614 about disqualifying offenses for signature gatherers and initiative sponsors bearing the burden of proof regarding those offenses would replace the state's previous background check requirements that were overturned by a court ruling earlier in 2021.
Ballot measures concerning supermajority requirements, 2022
Arkansas Issue 3, 2020
Arkansas Issue 3 was defeated by voters at the 2020 general election. The measure would have changed requirements for citizen initiatives and legislative referrals including requiring a three-fifths (60%) vote of both chambers of the legislature to refer a proposed constitutional amendment to voters, shortening the signature-gathering period for initiatives, and removing the cure period during which time signature gatherers could collect additional signatures if they did not submit the required amount.
Ballot measures in Arkansas
- A total of 44 measures appeared on the statewide ballot in even-numbered years between 2000 and 2020.[4]
- From 2000 to 2020, an average of four measures appeared on the ballot during even-numbered years in Arkansas.
- The number of measures appearing on even-year statewide ballots between 2000 and 2020 ranged from two to five.
- During even-numbered years between 2000 and 2020, 73% (32 of 44) of statewide ballot measures in Arkansas were approved by voters, and 27% (12 of 44) were defeated.
| Arkansas ballot measures, 2000-2020 | |||||||||
|---|---|---|---|---|---|---|---|---|---|
| Total number | Approved | Percent approved | Defeated | Percent defeated | Annual average | Annual median | Annual minimum | Annual maximum | |
| 44 | 32 | 73% | 12 | 27% | 4 | 4 | 2 | 5 | |
Vote totals of approved constitutional amendments and ballot initiatives (2010-2020)
From 2010 to 2020, 17 constitutional amendments and citizen-initiated ballot measures were approved by statewide voters in Arkansas. Of the 17 measures, four were initiated by citizens (two constitutional amendments and two state statutes) and 13 were legislatively referred constitutional amendments that were referred to the ballot by the state Legislature.
Under the 60% supermajority requirement proposed by the amendment, eight of the 17 measures that were approved by voters would have been considered defeated. Of the 17 measures that were approved, nine received a 60% supermajority vote of approval. Of the four citizen initiatives, the two state statutes, which both were designed to raise the minimum wage, received over a 60% supermajority vote. The two citizen-initiated constitutional amendments (one concerning gambling and another concerning marijuana) did not receive a 60% vote of approval.
| Type | Title | Subject | Description | Year | Yes vote % | No vote % |
|---|---|---|---|---|---|---|
| LRCA | Issue 1 | Taxes | Continues a 0.5 percent sales tax for transportation | 2020 | 55.33% | 44.67% |
| LRCA | Issue 2 | Term limits | Changes term limits to twelve consecutive years for state legislators with the opportunity to return after a four-year break | 2020 | 55.38% | 44.62 |
| LRCA | Issue 2 | Elections | Requires a voter photo identification to vote | 2018 | 79.47% | 20.53% |
| CICA | Issue 4 | Gambling | Authorizes four new casinos in specific counties to specific licensees | 2018 | 54.10% | 45.90% |
| CISS | Issue 5 | Minimum wage | Increases the state's minimum wage to $11 per hour by 2021 | 2018 | 68.46% | 31.54% |
| LRCA | Issue 1 | Local Gov't | Rules governing certain county officials | 2016 | 70.22% | 29.78% |
| LRCA | Issue 2 | State Exec | Role of governor when absent from the state | 2016 | 72.42% | 27.58% |
| LRCA | Issue 3 | Bonds | Removes the cap on the amount of bonds the state is allowed to issue | 2016 | 65.34% | 34.66% |
| CICA | Issue 6 | Marijuana | Legalize medical marijuana | 2016 | 53.11% | 46.89% |
| LRCA | Issue 1 | Admin of Gov't | Requires legislative review and approval of changes to state agencies' administrative rules | 2014 | 59.06% | 40.94% |
| LRCA | Issue 2 | Direct Democracy | Sets threshold of 75 percent of required petition signatures to obtain additional time for signature collection | 2014 | 53.31% | 46.69% |
| LRCA | Issue 3 | Term Limits | Extends length of time state legislators can stay in office to 16 years; limits lobbying and creates independent elected officials salary commission | 2014 | 52.43% | 47.57% |
| CISS | Issue 5 | Minimum Wage | Increases the state’s minimum wage from $6.25 to $8.50 per hour by 2017 | 2014 | 65.94% | 34.06% |
| LRCA | Issue 1 | Taxes | Half-cent sales tax | 2012 | 58.21% | 41.79% |
| LRCA | Proposed Amendment 1 | Hunt & fish | Provides the right to hunt, fish and trap wildlife | 2010 | 82.78% | 17.22% |
| LRCA | Proposed Amendment 2 | Gov't Finances | Eliminates interest rate restrictions on loans, contracts and bonds | 2010 | 64.20% | 35.80% |
| LRCA | Proposed Amendment 3 | Bonds | Removes fixed criteria for issuing economic development bonds | 2010 | 62.35% | 37.65% |
Path to the ballot
- See also: Amending the Arkansas Constitution
To put a legislatively referred constitutional amendment before voters, a simple majority vote is required in both the Arkansas State Senate and the Arkansas House of Representatives.
The amendment was sponsored by Rep. David Ray (R). It was passed in the House on April 15, 2021, by a vote of 74-18 with eight members absent or not voting. The Senate passed the amendment on April 22, 2021, by a vote of 23-6 with six members absent or not voting.[1]
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How to cast a vote
- See also: Voting in Arkansas
Click "Show" to learn more about voter registration, identification requirements, and poll times in Arkansas.
| How to cast a vote in Arkansas | |||||
|---|---|---|---|---|---|
Poll timesIn Arkansas, all polls are open from 7:30 a.m. to 7:30 p.m. on Election Day. An individual who is in line at the time polls close must be allowed to vote.[5] Registration requirements
To vote in Arkansas, one must be a citizen of the United States and a resident of Arkansas. A voter must be 18 years of age or older on or before Election Day.[6] Registration must be completed no later than 30 days before the election in which a voter wishes to participate. Citizens must complete and submit a voter registration application to their county clerk or other authorized voter registration agency. Applications may be obtained at the following locations:[6]
Automatic registrationArkansas does not practice automatic voter registration. Online registration
Arkansas does not permit online voter registration. Same-day registrationArkansas does not allow same-day voter registration. Residency requirementsArkansas law requires 30 days of residency in the state before a person may vote. Verification of citizenshipArkansas does not require proof of citizenship for voter registration. Verifying your registrationThe site Voter View, run by the Arkansas Secretary of State's office, allows residents to check their voter registration status online. Voter ID requirementsArkansas requires voters to present photo identification while voting. The identification must include the voter’s name and photograph. It must be issued by "the United States, the State of Arkansas, or an accredited postsecondary educational institution in the State of Arkansas." If the identification has an expiration date on it, it cannot be expired for "more than four (4) years before the date of the election in which the voter seeks to vote."[7] The following list of accepted ID was current as of April 2023. Click here for the Arkansas Secretary of State's page on accepted ID to ensure you have the most current information.
"A person who is a resident of a long-term care or residential care facility licensed by the state of Arkansas is not required to verify his or her registration by presenting a document or identification card as described above when voting in person, but must provide documentation from the administrator of the facility attesting that the person is a resident of the facility," according to the Arkansas Secretary of State’s office.[7] Voters can obtain a free voter verification card at their county clerk’s office. "[V]oters will be required to complete an affidavit stating they do not possess such identification, and must provide documentation containing their full legal name and date of birth, as well as documentation containing their name and residential address."[7] | |||||
See also
External links
SupportSubmit links to editor@ballotpedia.org. |
Opposition |
Footnotes
- ↑ 1.0 1.1 1.2 1.3 1.4 Arkansas State Legislature, "HJR 1005," accessed April 19, 2021
- ↑ 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source. Cite error: Invalid
<ref>tag; name "quotedisclaimer" defined multiple times with different content - ↑ 3.0 3.1 3.2 3.3 3.4 3.5 Arkansas Ethics, "Statewide ballot measure committees," accessed August 15, 2022
- ↑ In Arkansas, six measures have been on the statewide ballot during odd-numbered years between 1996 and 2018, which were on the ballot in 2005 and 2011.
- ↑ Arkansas Code, "Title 7, Chapter 5, Subchapter 43," accessed April 3, 2023
- ↑ 6.0 6.1 Arkansas Secretary of State, "Voter Registration Information," accessed April 5, 2023
- ↑ 7.0 7.1 7.2 Arkansas Secretary of State, "A Pocket Guide to Voting in the Natural State," accessed April 3, 2023
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