Arkansas Issue 3, Initiative Process and Legislative Referral Requirements Amendment (2020)

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Arkansas Issue 3
Flag of Arkansas.png
Election date
November 3, 2020
Topic
Direct democracy measures and State legislatures measures
Status
Defeatedd Defeated
Type
Constitutional amendment
Origin
State legislature


Arkansas Issue 3, the Initiative Process and Legislative Referral Requirements Amendment, was on the ballot in Arkansas as a legislatively referred constitutional amendment on November 3, 2020. It was defeated.

A "yes" vote supported this constitutional amendment to change requirements for citizen initiatives and legislative referrals, including:

  • requiring citizen-initiated ballot measure campaigns to collect signatures from at least 45 (of 75) counties, an increase from 15 counties; 
  • moving the signature deadline for ballot initiatives from 4 months before the general election to January 15;
  • eliminating the signature cure period of 30 days; and
  • requiring a 60% vote for the Legislature to refer a constitutional amendment to the ballot.

A "no" vote opposed this constitutional amendment, thus:

  • continuing to require citizen-initiated ballot measure campaigns to collect signatures from at least 15 (of 75) counties;
  • keeping the signature deadline for ballot initiatives at 4 months before the general election;
  • keeping the signature cure period of 30 days; and
  • continuing to require a simple majority vote for the Legislature to refer a constitutional amendment to the ballot.


Election results

Arkansas Issue 3

Result Votes Percentage
Yes 503,028 44.07%

Defeated No

638,319 55.93%
Results are officially certified.
Source


Overview

What would Issue 3 have changed about ballot issues in Arkansas?

This amendment would have done the following:[1]

  • required that a petition must contain valid signatures equaling at least half of the required percentage of signatures from each of 45 counties instead of the current requirement of 15 counties;
  • required a three-fifths vote of both chambers of the legislature to refer a proposed constitutional amendment to voters;
  • eliminated the option for petitioners to collect extra signatures for 30 days if the petition fails to meet the signature requirement but the petition has at least 75% of the valid signatures needed;
  • required challenges to the sufficiency of any ballot measure to be filed no later than April 15 of the election year; and
  • required signatures for citizen initiative petitions to be submitted to the secretary of state by January 15 of the election year rather than the current deadline of four months before the election.


Current requirements Proposed requirements under 2020 leg. referral
Distribution requirement[2] Half of signatures from 15 counties Half of signatures from 45 counties
Signature deadline Around early July; 4 months before election January 15th of election year; about 9.5 months before election
Opportunity to collect additional signatures if short[3] 30 days No opportunity
Deadline to bring a legal challenge against a petition No deadline April 15 of the general election year
Vote required in the legislature to refer constitutional amendment to voters 50%+1 simple majority vote Three-fifths (60%) vote

Text of measure

Ballot title

The ballot title for this amendment is as follows:[1]

An amendment to the Arkansas Constitution to amend the process for the submission and approval of proposed initiated acts, constitutional amendments, and referenda.[4]

Ballot summary

The ballot summary, also called the Popular Name, of the amendment is as follows:[1]

A Constitutional Amendment To Amend The Process For The Submission, Challenge, And Approval Of Proposed Initiated Acts, Constitutional Amendments, And Referenda[4]

Constitutional changes

See also: Arkansas Constitution

Issue 3 would have amended Section 1 of Article 5 and Section 22 of Article 19 of the Arkansas Constitution. The measure would have also amended the Amendment 70 in the Arkansas Constitution. The following underlined text would have been added and struck-through text would have been deleted.

Note: Use your mouse to scroll over the below text to see the full text.

The subsection of Arkansas Constitution, Article 5, § 1, titled "Initiative", is amended to read as follows:

Initiative. The first power reserved by the people is the initiative. Eight per cent percent (8%) of the legal voters may propose any law and ten per cent percent (10%) may propose a constitutional amendment by initiative petition and every such petition shall include the full text of the measure so proposed. Initiative petitions for state-wide measures shall be filed with the Secretary of State not less no later than four months January 15 before of the year of the election at which they are to be voted upon; provided, that at least thirty (30) days before the aforementioned filing, the proposed measure shall have been published once, at the expense of the petitioners, in some paper of general circulation.

The subsection of Arkansas Constitution, Article 5, § 1 titled "Referendum" is amended to read as follows:

Referendum. The second power reserved by the people is the referendum, and any number not less than six per cent percent (6%) of the legal voters may, by petition, order the referendum against any general Act, or any item of an appropriation bill, or measure passed by the General Assembly, but the filing of a referendum petition against one (1) or more items, sections or parts of any such act or measure shall not delay the remainder from becoming operative. Such petition shall be filed with the Secretary of State not later than ninety (90) days which such Act was passed, except when a recess or adjournment shall be taken temporarily for a longer period than ninety (90) days, in which case such petition shall be filed not later than ninety (90) days after such recess or temporary adjournment. Any measure referred to the people by referendum petition shall remain in abeyance until such vote is taken. The total number of votes cast for the office of Governor in the last preceding general election shall be the basis upon which the number of signatures of legal voters upon state-wide initiative and referendum petitions shall be computed.

Upon all initiative or referendum petitions provided for in any of the sections of this article, it shall be necessary to file from at least fifteen three-fifths (3/5) of the counties of the State, petitions bearing the signature of not less than one-half (1/2) of the designated percentage of the electors of such county.

The subsection of Arkansas Constitution, Article 5, § 1, titled "Court Decisions", is amended to read as follows:

Court Decisions. If the sufficiency of any petition is challenged such cause shall be a preference cause and shall be tried at once,. A challenge to the sufficiency of a state-wide initiative petition shall be filed no later than April 15 of the year of the general election at which it shall be voted upon. but the The failure of the courts to decide prior to the election as to the sufficiency of any such petition, shall not prevent the question from being placed upon the ballot at the election named in such petition, nor militate against the validity of such measure, if it shall have been approved by a vote of the people.

The subsection of Arkansas Constitution, Article 5, § 1, titled "Amendment of Petition" is repealed.

Amendment of Petition.

(a)(1) If the Secretary of State, county clerk or city clerk, as the case may be, shall decide any petition to be insufficient, he or she shall without delay notify the sponsors of such petition, and permit at least thirty (30) days from the date of such notification, in the instance of a state-wide petition, or ten (10) days in the instance of a municipal or county petition, for correction or amendment.
(2) For a state-wide petition, correction or amendment of an insufficient petition shall be permitted only if the petition contains valid signatures of legal voters equal to:
(A) At least seventy-five percent (75%) of the number of state-wide signatures of legal voters required; and
(B) At least seventy-five percent (75%) of the required number of signatures of legal voters from each of at least fifteen (15) counties of the state.
(b) In the event of legal proceedings to prevent giving legal effect to any petition upon any grounds, the burden of proof shall be upon the person or persons attacking the validity of the petition.
Arkansas Constitution, Article 5, § 1, is amended to add an additional subsections to read as follows:

EXTENSION OF TIME. If a deadline under this section occurs on a Saturday, Sunday, or legal holiday, the deadline shall be the next day which is not a Saturday, Sunday, or legal holiday.

Arkansas Constitution, Article 19, § 22, is amended to read as follows:

§ 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 three-fifths (3/5) 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 (1) newspaper in each county, where a newspaper is published, for six months immediately in a manner provided by law 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 a majority of the electors voting at such election adopt such amendments, the same shall become a part of this Constitution. But no more than three (3) amendments shall be proposed or submitted at the same time. They shall be so submitted as to enable the electors to vote on each amendment separately.

Arkansas Constitution, Amendment 70, § 2, is amended to read as follows:

§ 2. Additional Constitutional amendments authorized.

(a) In addition to the three (3) amendments to the this Constitution allowed pursuant to Article 19, § 22, either branch of the General Assembly at a regular session thereof may propose an amendment to the this 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 a majority of the electors voting at such election adopt the amendment the same shall become a part of this Constitution.

(b) Only one (1) amendment to the this Constitution may be referred pursuant to this section.

(c) An amendment proposed under the authority of this section shall comply with the requirements of Article 19, § 22, of this Constitution.[4]

Readability score

See also: Ballot measure readability scores, 2020
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 20, and the FRE is -4. The word count for the ballot title is 23, and the estimated reading time is 16 seconds. The FKGL for the ballot summary is grade level 20, and the FRE is -12. The word count for the ballot summary is 21, and the estimated reading time is 5 seconds.


Support

Committee to Protect the Arkansas Constitution led the campaign in support of Issue 3. The committee was formed by the Arkansas State Chamber of Commerce, Associated Industries of Arkansas, and the Arkansas Farm Bureau.[5]

Legislative sponsor

This amendment was sponsored by Rep. DeAnn Vaught (R).

Supporters

Officials

Organizations

  • Arkansas Farm Bureau
  • Arkansas State Chamber of Commerce
  • Associated Industries of Arkansas

Arguments

  • Arkansas State Chamber of Commerce: "In 2018, a combined $6 million had been raised and spent on an issue that was removed from the ballot less than a month before Election Day. It is important that Court decisions on legal challenges be finalized much earlier than a few weeks before Election Day. It has become quite common for ballot initiatives to be backed by well-funded, out-of-state interests. We believe more Arkansans should have a voice in the ballot initiative process. We now have 100 amendments to the Arkansas Constitution. It has been amended 20 times since 1980."
  • Kenneth Hall, the Executive Vice President of the Arkansas State Chamber of Commerce: "It’s not a huge increase but when you got usually about 20 issues in the House and 20 more in the Senate competing for those three spots this could very well have a very large impact on what gets referred."


Opposition

Protectarvoices.png

Protect AR Voices and Protect AR Rights led the campaign in opposition to the measure.

Oppponents

Organizations

  • Arkansas Education Association
  • League of Women Voters of Arkansas
  • NAACP of Arkansas
  • U.S. Term Limits


Arguments

  • David McAvoy, an organizer with Protect AR Voices: [The amendment] "would tilt the process unfairly towards groups that can afford massive spending on petition drives and against grassroots, citizen groups that may have very little money. With new, stricter requirements and time limits, only organizations with large amounts of funding will be able use the initiative and referendum processes and it will be nearly impossible for Arkansans who don't have a great deal of money and campaign experience to do so... [It would] effectively deny Arkansans across the political process the right to bring the issues they care about before the people and to have a vote on them, a right Arkansans have enjoyed for roughly a century. All Arkansans, regardless of party or ideology, should enjoy that right the people of our state have enjoyed since the early 1900s."
  • Protect AR Voices: "What this is really about is politicians and special interest groups trying to take our rights away to protect their own interests and that is a threat to all of us. ... Democracy only works when we all have a fair shot to have our say and if this passes all of us are going to lose that, including you. We all have seen issues we didn’t support pass at some point at the ballot box. We’ve also all seen issues we agreed with be rejected at the ballot box at some point. That’s democracy-none of us get everything we want all the time but it beats the heck out of not having a say. If Issue 3 passes, we lose that altogether."
  • U.S. Term Limits: "Issue 3 destroys our citizen petition process, making it harder for grassroots reforms, like term limits, to make it to the ballot. ... For roughly 100 years, our state constitution has guaranteed Arkansans the right to circulate and sign petitions to get the issues we, as ordinary Arkansans, care about on the ballot through Initiative & Referendum. This serves a vital purpose in our state and was put in place because a past generation of Arkansans realized that our state government wasn’t working for all Arkansans but rather only for the people running our government and those who could buy it. If Issue 3 passes, only special interest groups with a great deal of money will be able to decide what we can and can’t vote on."


Campaign finance

See also: Campaign finance requirements for Arkansas ballot measures
The campaign finance information on this page reflects the most recently scheduled reports processed by Ballotpedia, which covered through November 30, 2020.


Ballotpedia identified two committees registered to support the measure: Committee to Protect the Arkansas Constitution and Arkansans for Arkansans. Together, the committees raised $486,549.27 and spent $477,509.74.

Ballotpedia identified four committees in opposition to the measure: Protect AR Voices, Protect AR Rights, Citizens in Charge, and Liberty Initiative Fund. Together, the comittees raised $112,794.13 and spent $107,728.00.

Citizens in Charge and Liberty Initiative Fund were also registered to oppose Issue 2.

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $473,229.27 $13,320.00 $486,549.27 $464,189.74 $477,509.74
Oppose $106,294.13 $6,500.00 $112,794.13 $101,228.00 $107,728.00

Support

The following table includes contribution and expenditure totals for the committees in support of the measure.[6]

Committees in support of Issue 3
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Committee to Protect the Arkansas Constitution $372,273.86 $13,320.00 $385,593.86 $372,273.86 $385,593.86
Arkansans for Arkansans $100,955.41 $0.00 $100,955.41 $91,915.88 $91,915.88
Total $473,229.27 $13,320.00 $486,549.27 $464,189.74 $477,509.74

Donors

The following were the top donors to the support campaign.[6]

Donor Cash Contributions In-Kind Contributions Total Contributions
Arkansas Farm Bureau Federation $154,319.05 $13,320.00 $167,639.05
Delaware North $106,136.96 $0.00 $106,136.96
Oaklawn Racing Casino Resort $106,136.96 $0.00 $106,136.96
Republican Party of Arkansas $94,955.41 $0.00 $94,955.41
Arkansas State Chamber of Commerce $10,000.00 $0.00 $10,000.00

Opposition

The following table includes contribution and expenditure totals for the committees in opposition to the measure.[6]

Committees in opposition to Issue 3
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Protect AR Rights $78,132.00 $4,500.00 $82,632.00 $73,132.00 $77,632.00
Citizens in Charge $17,900.00 $0.00 $17,900.00 $17,900.00 $17,900.00
Liberty Initiative Fund $6,400.00 $2,000.00 $8,400.00 $6,400.00 $8,400.00
Protect AR Voices $3,862.13 $0.00 $3,862.13 $3,796.00 $3,796.00
Total $106,294.13 $6,500.00 $112,794.13 $101,228.00 $107,728.00

Donors

The following were the top donors to the opposition campaign.[6]

Donor Cash Contributions In-Kind Contributions Total Contributions
AR Advocates for Family and Children $25,000.00 $0.00 $25,000.00
AR Educaton Association $20,000.00 $0.00 $20,000.00
League of Women Voters of Arkansas $20,000.00 $0.00 $20,000.00
AR Public Policy Panel $15,000.00 $4,500.00 $19,500.00
Citizens in Charge $17,900.00 $0.00 $17,900.00
Alliance for a Batter AR $5,000.00 $0.00 $5,000.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Polls

See also: Ballotpedia's approach to covering polls and 2020 ballot measure polls

In an October 2020 poll by Talk Business & Politics and Hendrix College, 647 likely voters were asked the following question:[7]

Finally, the November ballot will include a proposed amendment to the Arkansas Constitution regarding changes to the ballot initiative process, known as Issue 3. Issue 3 would amend the process for the submission, challenge, and approval of proposed initiated acts, constitutional amendments and referenda. If the election were being held today, would you vote for or against Issue 3?[4]

Poll results are shown below:

Arkansas Issue 3
Poll Support OpposeUndecidedMargin of errorSample size
Talk Business & Politics and Hendrix College poll
10/11/20 - 10/13/20
20.0%35.0%45.0%+/-4.9647
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.


Background

Direct democracy in Arkansas

Initiative circulation periods and signature deadlines

See also: Petition drive deadlines; Initiative petition circulation periods

A circulation period is the time frame in which a petition can be circulated to obtain the minimum amount of signatures required by state law to place the petition on the ballot. In many states, there are restrictions on how long a petition can be circulated.[8] The circulation period time frame is important for any ballot initiative because it may take time to get a volunteer network gathered and organized to obtain signatures. When signatures are obtained by volunteers, then, longer circulation periods are preferred.[8]

Arkansas is like two other states— Ohio and Utah— where petitioners have an unlimited window in which to collect signatures. In Arkansas, signatures must be filed four months before the election in which the measure is to appear on the ballot. Assuming a November general election date, the current signature deadline for petitions in Arkansas is early July.

If enough submitted signatures are verified to put the petition at or above 75% of the required signatures, petitioners have an extra 30 days to collect supplementary signatures or prove invalidated signatures were actually valid.

Initiative signature distribution requirements

See also: Distribution requirement and Signature requirements for ballot measures in Arkansas

A distribution requirement is a statutory or constitutional mandate requiring that petitions for a ballot measure or candidate must be signed by voters from different political subdivisions in order for the ballot measure or candidate to qualify for the ballot. In the 26 states that feature the powers of initiative, veto referendum, or both, 17 have a distribution requirement, while 9 of them do not. Where there are distribution requirements for initiative petitions, the political jurisdiction varies. In seven states, the distribution requirement is spread out over a state's counties (Arkansas, Massachusetts, Maryland, Nebraska, New Mexico, Ohio, and Wyoming). In five states, it is calculated based on state legislative districts (Alaska, Colorado, Idaho, Montana, and Utah). In the other five states with a distribution requirement, it is based on U.S. congressional districts (Florida, Michigan, Mississippi, Missouri, and Nevada).

Arkansas requires that a petition must contain qualified signatures equaling at least half of the required percentage of signatures from each of 15 counties—i.e. one-half of 10% = 5% for an amendment; one-half of 8% = 4% for a statute. For example, if 1,000 people voted for governor in a county and the petition is for a constitutional amendment, the signatures of 50—5% of 1,000—qualified electors would be required in that county to meet the requirement for one county out of the 15-county requirement. The requirement was created by Arkansas Amendment 7 in 1920.[9]

Citizen initiatives on the ballot in Arkansas

From 1996 through 2018, 15 citizen initiatives (initiated state statutes and initiated constitutional amendments) appeared on the ballot in Arkansas. Voters approved nine and rejected six of the initiatives. All of the initiatives were on the ballot for general elections during even-numbered election years. The average number of citizen initiatives appearing on the general election ballot was about one. The approval rate at the ballot box was 60% during the 22-year period from 1996 through 2018. The rejection rate was 40%. Of the 15 total citizen initiatives, eight were constitutional amendments and seven were state statutes. The constitutional amendments had a 50% approval rate with voters approving four and rejecting the other four. Of the state statutes, five were approved and two were defeated for an approval rate of 71.43%.

Citizen initiatives in Arkansas, 1996-2018
Total number Approved Percent approved Defeated Percent defeated Annual average Annual minimum Annual maximum
15 9 60% 6 40% 1.25 0 3

Legislatively referred amendments on the ballot in Arkansas

For the Arkansas legislature to refer a constitutional amendment to the ballot, a 50%+1 simple majority vote is required in each chamber of the legislature. Nine other states also allow a referred amendment to go on the ballot after a majority vote in one session of the state's legislature. Seven states allow a referred amendment to go on the ballot after a majority vote in two successive sessions of the state's legislature. Nine states allow a referred amendment to go on the ballot after a three-fifths 60% supermajority vote in one session of the state's legislature. Seventeen states allow a referred amendment to go on the ballot after a two-thirds (66.67%) supermajority vote in one session of the state's legislature.

From 1996 through 2018, the state legislature referred 28 constitutional amendments to the ballot. Voters approved 22 and rejected six of the referred amendments. All of the amendments were referred to the ballot for general elections during even-numbered election years. The average number of amendments appearing on the general election ballot was between two and three. The approval rate at the ballot box was 78.57% during the 22-year period from 1996 through 2018. The rejection rate was 21.43%.

Legislatively referred constitutional amendments, 1996-2018
Total number Approved Percent approved Defeated Percent defeated Annual average Annual minimum Annual maximum
28 22 78.57% 6 21.43% 2.33 1 3

Bills concerning ballot measure law in Arkansas

As of September 2019, Ballotpedia tracked 14 legislative bills proposed in the 2019 legislative session concerning ballot measure law in Arkansas. One bill, Senate Bill 346, was approved. It was designed to do the following:

  • make the state board of election commissioners rather than the attorney general responsible for approving a filed initiative and its ballot title and popular name;
  • change the timeline for approval of the ballot title and popular name to after signatures are submitted;
  • establish that, once signatures are submitted, if the board of elections does not approve the ballot title and popular name, the initiative petition is insufficient and cannot be certified for the ballot even if enough signatures were submitted; and
  • enact other provisions related to signature verification, approval of the ballot title and popular name, and related petitions to the Arkansas Supreme Court.

In 2017, the legislature considered eight bills to alter ballot measure law in the state. One bill, House Bill 1440, was approved. It was designed to require initiative and referendum sponsors to file a list of paid circulators, their addresses, and their signature cards to the secretary of state upon filing their petition.

Direct democracy measures on the ballot in Arkansas

People in Arkansas gained the power of initiative and referendum in 1910 with the approval of the Arkansas Initiative and Referendum Amendment which was referred to the ballot by the state legislature and approved by voters on September 5, 1910.

Voters in Arkansas have voted on six measures concerning their initiative and referendum process between 1910 and 2018. Three measures appearing on the ballot in 1916, 1920, and 1922 concerned the definitions of initiative and referendum.

In 1996, Proposed Amendment 3 was on the ballot in Arkansas as a legislatively referred constitutional amendment. It was defeated. The measure would have modified procedures for the publication and legal review of statewide initiatives and referendums.

In 2014, voters approved legislatively referred amendment Issue 2, which required initiative sponsors to collect at least 75% of the required valid signatures in order to be afforded additional time to gather extra signatures if the petition turned into the Secretary of State was short. Under previous Arkansas laws, there had been no threshold required to receive additional time to gather more signatures.

Direct democracy measures, 2020

See also: Direct democracy measures on the ballot

Five measures that were designed to change the state's laws governing citizen initiatives or other ballot measures were on the ballot in four states for the election on November 3, 2020. The measures included questions about a state's initiative and referendum process, signature gathering requirements, constitutional amendment requirements, and other topics. Click [show] to read more about direct democracy measures in 2020.


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. DeAnn Vaught (R) as House Joint Resolution 1008. The amendment passed in the House on April 4, 2019, in a vote of 68-20 with 12 not voting or voting present. Of the 24 House Democrats, 16 voted no and four voted yes, while four others did not vote or voted present. Of the 76 House Republicans, 64 voted in favor of the amendment, four voted no, and eight did not vote or voted present. The measure passed in the Senate on April 8, 2019, in a vote of 25-10. All nine Senate Democrats voted no. All Republican Senators voted yes except Sen. Jonathan Dismang (R-28).[10]

Vote in the Arkansas State Senate
April 8, 2019
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 18  Approveda
YesNoNot voting
Total25100
Total percent71.43%28.57%0.00%
Democrat090
Republican2510

Vote in the Arkansas House of Representatives
April 4, 2019
Requirement: Simple majority vote of all members in each chamber
Number of yes votes required: 51  Approveda
YesNoNot voting
Total682012
Total percent68.0%20.0%12.0%
Democrat4164[11]
Republican6448[12]

Lawsuits

  
Lawsuit overview
Issue: Ballot language; whether the ballot language for the Initiative Process and Legislative Referral Requirements Amendment and the State Legislative Term Limits Amendment is inaccurate and misleading
Court: Pulaski County Circuit Court
Ruling: Dismissed by Pulaski County circuit court judge Judge Mary McGowan
Plaintiff(s): Tom Steele, chairman of the Arkansas Term Limits committee and his attorney, David CouchDefendant(s): Arkansas Secretary of State John Thurston
Plaintiff argument:
The ballot language is inaccurate and misleading
Defendant argument:
Unknown/no comment

  Source: Northwest Arkansas Online


Tom Steele, chairman of the Arkansas Term Limits committee and his attorney, David Couch, filed a lawsuit in Pulaski County Circuit Court on June 29, 2020, naming Arkansas Secretary of State John Thurston as a defendant. Plaintiffs allege that the ballot language for the Initiative Process and Legislative Referral Requirements Amendment and the State Legislative Term Limits Amendment is inaccurate and misleading. Couch said, "The General Assembly has referred two measures, neither one of them are adequately described as what they do, how they affect the current law, and, because of that, it's really just deceptive. Those two measures don't have what is called a ballot title on them, and a ballot title tells voters exactly what they're voting for, so when they go to vote, they'll know that the term-limits amendment basically does away with term limits. And the initiative and referendum amendment, what it does is basically changes the initiative and referendum process to make it much more difficult for citizens to do."[13]

As of June 30, Thurston had made no comment on the lawsuit, but a spokesman for the attorney general's office said the attorney general would review the lawsuit and determine the state's response.[13] The lawsuit was dismissed by Dismissed by Pulaski County circuit court judge Judge Mary McGowan on September 9, 2020.[14]

  
Lawsuit overview
Issue: Whether Initiative Process and Legislative Referral Requirements Amendment and the State Legislative Term Limits Amendment should be overturned
Court: Arkansas Supreme Court
Ruling: Dismissed
Plaintiff(s): Andrew KimbrellDefendant(s): N/A
Plaintiff argument:
"Newspaper circulation and readership is at an all-time low and declining rapidly, and newspaper readers are showing little interest in the public notice section of the newspaper. That being the case, the Court must revisit whether the newspaper publication requirement under [the Arkansas Constitution] is sufficient to sustain the presumption of informed voters."
Defendant argument:
Unknown/no comment

  Source: Northwest Arkansas Online

Andrew Kimbrell filed a lawsuit seeking to overturn Initiative Process and Legislative Referral Requirements Amendment and the State Legislative Term Limits Amendment. Kimbrell's attorney argued, "Newspaper circulation and readership is at an all-time low and declining rapidly, and newspaper readers are showing little interest in the public notice section of the newspaper. That being the case, the Court must revisit whether the newspaper publication requirement under [the Arkansas Constitution] is sufficient to sustain the presumption of informed voters."[15]

The lawsuit was dismissed. Justice Karen Baker said, "The amendment was presented to the voters, the voters cast their ballots, the votes have been counted, the amendment was approved, and the deadline for the county boards of election commissioners to certify the election has passed. Accordingly, a judgment by this court will have no practical legal effect; therefore, the issue is moot."[15]

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.

See also

External links

Support

Submit links to editor@ballotpedia.org.

Opposition

Footnotes

  1. 1.0 1.1 1.2 Arkansas Legislature, "HJR 1008 full text," accessed April 16, 2019
  2. The distribution requirement was created by Arkansas Amendment 7 of 1920.
  3. If enough submitted signatures are verified to put the petition at or above 75% of the required signatures, petitioners have an extra 30 days to collect supplementary signatures or prove invalidated signatures were actually valid.
  4. 4.0 4.1 4.2 4.3 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 Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  5. Arkansas State Chamber of Commerce, "2020 General Election Ballot Issues Update," accessed August 24, 2020
  6. 6.0 6.1 6.2 6.3 Cite error: Invalid <ref> tag; no text was provided for refs named finance
  7. Talk Business & Politics, "Poll: Highway funding proposal Issue 1 poised to pass," accessed October 21, 2020
  8. 8.0 8.1 National Conference of State Legislatures, "Petition Circulation Petitions," accessed July 13, 2015
  9. Arkansas Secretary of State, "2010 Initiatives and Referenda: Facts and Information for the 2010 General Election," accessed July 14, 2015
  10. Arkansas Legislature, "HJR 1008," accessed March 28, 2019
  11. One Democrat voted present and another three did not vote
  12. Seven Republicans did not vote and one voted present
  13. 13.0 13.1 Northwest Arkansas Online, "Lawsuit challenges two proposed November ballot measures," accessed July 1, 2020
  14. Arkansas Online, "Judge tosses suit on 2 ballot issues in Arkansas," accessed September 10, 2020
  15. 15.0 15.1 Northwest Arkansas Online, "Ballot initiatives' challenge rejected by state Supreme Court," accessed December 4, 2020
  16. Arkansas Code, "Title 7, Chapter 5, Subchapter 43," accessed April 3, 2023
  17. 17.0 17.1 Arkansas Secretary of State, "Voter Registration Information," accessed April 5, 2023
  18. 18.0 18.1 18.2 Arkansas Secretary of State, "A Pocket Guide to Voting in the Natural State," accessed April 3, 2023