Understanding Ballot Initiatives: Arkansas' Lawmaking Process

In Arkansas, citizens can propose constitutional amendments, state laws, or referendums to veto legislative action through ballot initiatives. This process involves crafting an initiative, starting a petition, collecting signatures, getting on the ballot, and ultimately, the election. While there are no single-subject or subject restrictions for statewide initiatives, local measures must address only one topic. Arkansas is one of 15 states that empower its citizens to directly propose and enact legislation, reflecting the state motto, Regnat Populus or The People Rule.

Ballot initiatives require signatures from 50 of Arkansas' 75 counties

Ballot initiatives in Arkansas require signatures from 50 of the state's 75 counties. This is a result of a 2023 law that made it harder to put amendments and initiatives on the ballot for voters. Previously, proposals required signatures from 15 counties.

The new law has been criticised for making it more difficult for grassroots movements to place measures on the ballot. It takes a lot of time and effort to collect signatures, often in challenging weather conditions. Collecting signatures across 50 counties is a more resource-intensive process, requiring greater funding and organisation. This can put grassroots movements at a disadvantage compared to well-funded special interest groups.

However, supporters of the law argue that it ensures more Arkansans have a chance to participate in the process and avoids the influence of out-of-state special interest groups. The law also aligns with other states' requirements, which often mandate a distribution requirement for signatures.

The number of signatures required depends on the type of proposal

In Arkansas, the number of signatures required for a ballot initiative depends on the type of proposal. There are different signature requirements for statutory initiatives, constitutional amendments, and veto referendums.

For an initiated constitutional amendment, signatures from at least 10% of the total number of votes cast for the governor in the preceding gubernatorial election are needed. This means that supporters of a constitutional amendment must obtain valid signatures from at least 90,704 voters across the state.

On the other hand, an initiated state statute requires signatures from at least 8% of the total votes cast for the governor in the last election. This translates to a minimum of 72,563 valid signatures from Arkansas voters.

Veto referendums, which can be used to repeal emergency legislation, require signatures from at least 6% of the votes cast for the governor in the previous election. Signatures for veto referendums are due 90 days after the legislative session during which the bill was passed.

Additionally, there is a distribution requirement for signatures. Proponents of a constitutional amendment must collect signatures from at least half of the designated percentage of gubernatorial votes in at least 50 of Arkansas's 75 counties. This means they need to obtain signatures from at least 5% of the gubernatorial votes in those counties. For an initiated state statute, the requirement is slightly lower at 4%.

The number of signatures required also varies depending on the level of government. At the local level, signature requirements differ between counties and municipalities. For counties, petitions must contain signatures equal to 15% of the jurisdiction's legal voters, calculated based on the total vote cast for the circuit clerk in the last general election. In municipalities, the calculation is based on the total vote cast for the mayor in the last general election.

The Arkansas Legislature can place measures on the ballot as 'legislatively referred constitutional amendments'

In Arkansas, the state legislature can place measures on the ballot as legislatively referred constitutional amendments. This means that the legislature can propose changes to the state's constitution, and these changes will be voted on by the people of Arkansas. This is distinct from citizen-initiated ballot measures, where citizens propose constitutional amendments or state laws and gather signatures in support.

The process for the Arkansas Legislature to place a measure on the ballot as a legislatively referred constitutional amendment is as follows:

• The proposed amendment is drafted and reviewed: Before an amendment can be placed on the ballot, it must be carefully drafted to ensure it meets the required criteria and does not contain any misleading information. The attorney general plays a crucial role in this process, reviewing and approving the proposed amendment, as well as its ballot title and popular name.
• Legislative approval: The proposed amendment must then be approved by the Arkansas State Legislature. This typically requires a simple majority vote, but in some cases, a two-thirds supermajority vote may be necessary.
• Placement on the ballot: Once the amendment has been approved by the legislature, it is placed on the ballot for the next election. The number of constitutional amendments that can be placed on the ballot by the legislature may be limited per session.
• Voter decision: Finally, the amendment is put to a vote by the people of Arkansas. If it receives a majority of the votes, it becomes part of the state's constitution.

It is important to note that the Arkansas Legislature's ability to place measures on the ballot is separate from the citizen-initiated process, which has its own set of requirements and procedures, including signature collection. The legislature's role is to propose and approve amendments, which are then decided on by the voters.

The Attorney General must approve and certify the popular name and ballot title of a proposal

In Arkansas, the Attorney General plays a crucial role in the ballot initiative process. Before circulating a petition for signatures, the initiative proponents must submit a draft of the bill, along with a proposed ballot title and popular name, to the Attorney General for review and approval. This process is known as "proposal review/approval." The Attorney General has specific guidelines and criteria to follow when making a determination on the popular name and ballot title of a proposed initiative.

The Attorney General must ensure that the popular name and ballot title are not misleading and are presented clearly and accurately. The criteria aim to prevent voters from being misled into casting a vote against their actual beliefs or intentions. The Attorney General has 10 business days to make a decision on the proposed popular name and ballot title. There are three possible outcomes: approval and certification, substitution and certification, or rejection with reasoning. If the proposed popular name and ballot title are approved, the Attorney General will certify them, and the initiative process can proceed to the signature-gathering stage.

If the Attorney General finds the proposed popular name and ballot title to be unsuitable or incorrect, they have the authority to substitute and certify a more appropriate alternative. This step ensures that the language used in the ballot title and popular name is clear, accurate, and not likely to confuse or mislead voters. However, if the Attorney General determines that the proposed popular name and ballot title are misleading or incorrectly designed, they have the power to reject them. In the case of rejection, the Attorney General must provide a detailed explanation for the rejection, along with instructions for the initiative proponents to redesign the ballot language to address the issues raised.

The determination of the Attorney General can be challenged by the initiative sponsor or any registered voter in the Arkansas Supreme Court. This challenge process ensures that there is an impartial review of the Attorney General's decision and allows for a corrective mechanism if the proposed popular name and ballot title are deemed to be unfairly rejected or modified.

Ballot initiatives can be thrown out over technicalities or errors

During the Petitioning Stage

Before a ballot initiative can be placed on the ballot, petitioners must collect a certain number of signatures. This number varies depending on the type of initiative and the state. In Arkansas, for example, proposed constitutional amendments require valid signatures from at least 90,704 voters, while proposed state laws require a minimum of 72,563 valid signatures.

The process of collecting signatures is subject to various regulations, and non-compliance with these regulations can lead to a ballot initiative being thrown out. For instance, Arkansas requires signatures to be gathered from at least 50 out of the state's 75 counties. Additionally, circulators of petitions must be at least 18 years old, register with the secretary of state, and sign an affidavit in the presence of a notary public. Failure to adhere to these requirements can result in the invalidation of signatures or the entire petition.

During the Ballot Finalization Stage

Once a petition has been certified and placed on the ballot, it is still vulnerable to legal challenges. These challenges often focus on the wording of the ballot initiative, the process by which it was added to the ballot, or its compliance with state and federal laws. For example, in Florida, a proposed ballot initiative to legalize the purchase and personal use of marijuana was struck down by the state Supreme Court because the ballot summary was deemed "affirmatively misleading."

After the Election

Even if a ballot initiative is approved by voters, it can still be challenged and potentially overturned. This typically occurs when the initiative is seen as conflicting with state or federal laws. For instance, in 1992, a ballot initiative in Colorado that prohibited local governments from enacting anti-discrimination protections for LGBTQ+ residents was struck down by the U.S. Supreme Court as a violation of the Equal Protection Clause.

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