Laws governing local ballot measures in Arkansas
All 576 counties and municipalities in Arkansas have an initiative and referendum process for local ballot measures. This article sets out the laws governing local ballot measures in Arkansas. It explains:
- Which local units of government make the initiative process available to residents.
- How and whether local units of government, including school districts, can refer local ballot measures (such as school bond propositions) to the ballot.
- An overview of laws governing local recall elections.
Types of local government
According to a 2022 study from the U.S. Census Bureau, this state's local governments consist of 75 counties, 500 cities, towns, and villages, and 753 special districts.[1]
School districts
In Arkansas, school bond and tax elections are held under two circumstances: to exceed the debt limit provided in the Arkansas Constitution or, when there is a statewide referendum to increase or decrease the Arkansas 25 mill debt limit.
Local recall rules
The laws that govern the conduct of political recalls in Arkansas are Ark. Code §14-47-112, 14-48-114, 14-61-119 and 14-92-209. Under these statutes, the following elected officials are subject to recall:
- Mayors
- Members of board of directors
- Commissioners of suburban improvement districts
- For additional detail, see: Laws governing recall in Arkansas
Ballot Law Portal |
Laws Governing Ballot Measures |
Initiative process availability
Counties
All of Arkansas' 75 counties have an initiative process for ordinances under Article 5, Section 1 of the Arkansas Constitution.
Municipalities
All of Arkansas' 501 municipalities have an initiative process for ordinances. Any future charter cities would have charter amendment by initiative.[2]
Authority
A guide to local ballot initiatives | |
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Constitution
The Arkansas Constitution establishes local initiative for general law municipalities and counties. The details of the initiative process are partially laid out in the constitution. For counties, the remaining details are established by state statutes. Municipalities, however, are free to establish their own process consistent with the process outlined in the constitution.
See law: Arkansas Constitution, Article 5, Section 1
Statutes
The Arkansas Code establishes an initiative process for counties consistent with the state constitution.
See law: Arkansas Code, § 14-14-914 through § 14-14-919
In addition, the Arkansas Code contains a few provisions that also apply to local initiative, such as a sample petition form (§ 7-9-104, 106) and penalties for signature falsification or failure of an election official to perform their duties. (§ 7-9-103, 102)
See law: Arkansas Code, Title 7, Chap. 9
Initiative process features
Local I&R Laws in the 50 States |
Source: Local Ballot Initiatives: How citizens change laws with clipboards, conversations, and campaigns |
General law jurisdictions
General provisions
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County-specific provisions
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City-specific provisions
Each city may establish its own procedures consistent with the general provisions of the state constitution.
Charter cities
At present there are no charter cities in Arkansas. As such, it is unclear how or whether the constitutional mandate for local ordinance initiative would apply to charter cities. Nevertheless, if any cities were to adopt a charter, they would be able to initiate charter amendments consistent with the following provisions:
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Initiative in the top 10 most populated cities
The top 10 most populated cities in Arkansas are general law cities which have initiative processes subject to the constitutional requirements detailed above. Most of the city codes do not contain additional initiative provisions. The few that have added clarifying local laws are provided below.
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See also
External links
- Ballotpedia Research Document, Local Initiative in Arkansas
- Arkansas Municipal League
- Arkansas Municipal League, Guidebook for Municipal Officials of Mayor/Council Cities, Revised May 2019
Footnotes
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