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Arkansas Gubernatorial Power When Governor is Absent from State, Issue 2 (2016)

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Arkansas Issue 2
Flag of Arkansas.png
Election date
November 8, 2016
Topic
State executive official measures
Status
Approveda Approved
Type
Constitutional amendment
Origin
State legislature

2016 measures
Seal of Arkansas.png
November 8
Issue 1 Approveda
Issue 2 Approveda
Issue 3 Approveda
Issue 6 Approveda
Polls
Voter guides
Campaign finance
Signature costs

Last updated: November 2016
The Arkansas Gubernatorial Power When Governor is Absent from State Amendment, also known as Issue 2, was on the November 8, 2016, ballot in Arkansas as a legislatively referred constitutional amendment.[1] It was approved.

A "yes" vote supported letting Arkansas governors keep their regular political authority when out of the state.
A "no" vote opposed this proposal to let governors hold on to these regular powers when they leave the state. In selecting "no," voters opted to continue letting the lieutenant governor take over during these periods.

Election results

Issue 2
ResultVotesPercentage
Approveda Yes 777,973 72.42%
No296,29127.58%
Election results from Arkansas Secretary of State

Overview

Prior to the passage of Issue 2, Amendment 6 of the Arkansas Constitution stipulated that the lieutenant governor may take over the powers of the governor when the governor leaves the state. Issue 2 was designed to ensure that the Arkansas governor retains power upon leaving the state. Voters approved the measure putting Amendment 6 in the Arkansas Constitution in 1914, and they rejected an attempt to amend it in 2002.

Issue 2 passed through the Arkansas Legislature with a nearly unanimous vote of approval. Only one representative voted against what was then Senate Joint Resolution 3. Gov. Asa Hutchinson (R) and Lt. Gov. Tim Griffin (R) supported Issue 2.[2]

Text of measure

Popular name

The popular name was as follows:[3]

A Constitutional Amendment to Allow the Governor to Retain His or Her Powers and Duties When Absent From the State.[4]

Ballot title

The ballot title was as follows:[5]

An amendment to the Arkansas Constitution to allow the governor to retain his or her powers and duties when absent from the state.[4]

Constitutional changes

See also: Amendments, Arkansas Constitution – Amendment 6

The proposed amendment amended Section 4 of Amendment 6 of the Arkansas Constitution. Amendment 6 was added to the Arkansas Constitution on September 6, 1914, as part of the passage of the Amendment 6 ballot measure.

The following struck-through text was be deleted and underlined text was added:[1]

§ 4. Lieutenant Governor acting as Governor.

In case of the impeachment of the Governor, or his or her removal from office, death, inability to discharge the powers and duties of the said office, or resignation or absence from the State, the powers and duties of the office, shall devolve upon the Lieutenant Governor for the residue of the term, or until the disability shall cease. But when When the Governor shall, with the consent of the Legislature, be out of the State, in time of war, at the head of a military force thereof, he or she shall continue commander-in-chief of all the military force of the State.[4]

Background

Amendment 6 of the Arkansas Constitution stipulated that the lieutenant governor may take over the powers of the governor when the governor leaves the state. Amendment 6 sat untouched since September 6, 1914, when it was added under the Arkansas Lieutenant Governor Amendment. Over 100 years later, the Arkansas Legislature sought to amend it.

The impetus for Issue 2 came from a situation in 2013 when then-Governor Mike Beebe (D) traveled to Washington D.C. for a National Governors Association Meeting.[6] While Beebe was away, Lt. Gov. Mark Darr (R) signed a piece of legislation into law that Beebe opposed. Darr took advantage of a provision in Section 4 of Amendment 6 of the Arkansas Constitution that says that when the governor is out of the state the lieutenant governor can take over the powers and duties of the office.[2] Issue 2 was designed to prohibit the Lieutenant Governor from acting in this role in the future.

In 2002, Arkansas voters rejected a similar measure, titled Amendment 2. Over 54 percent voted to reject the proposed amendment.

Support

Sen. Williams (R-29) sponsored the amendment in the legislature.

The measure was sponsored by Sen. Eddie Joe Williams (R-29) in the Arkansas Legislature.[5]

Supporters

Arguments

Arkansas Lieutenant Governor Tim Griffin (R) said:[8]

Currently, the governor is unable to retain his or her powers and duties when absent from the state. Sen. Williams’ proposed constitutional amendment will change this outdated provision of the Arkansas Constitution. In this day and age, with technology and the ability to stay connected, it’s the right thing to do. Just as the president retains his or her powers when absent from the country, the governor should retain his or her powers when absent from the state. This is simply good government, and I will continue to advocate for this common sense reform.[4]

Steve Brawner, a journalist and former employee of the lieutenant governor’s office, stated:[9]

The governor should still be fully governor when he or she leaves the state, just as when the president leaves the country, the vice president doesn’t take over the job.[4]

The University of Arkansas Division of Agriculture's 2016 Ballot Issue Guide summarized proponents' arguments in two bullet points:[10]

  • Modern technology, such as cell phones and computers, allow the governor to stay connected and do business while out of state.
  • A lieutenant governor or Senate president, who is third in line, would be prevented from signing controversial bills or taking inappropriate actions when the governor is out of Arkansas.[4]

Opposition

Sen. Alan Clark (R-13) cast the only vote against the bill in the Arkansas Legislature.[1]

Arguments

The University of Arkansas Division of Agriculture's 2016 Ballot Issue Guide summarized opponents' arguments in two bullet points:[10]

  • In general, a person might be opposed to reducing the role of the lieutenant governor.
  • In the 2002 election regarding this same issue, the then-lieutenant governor said there was anxiety over extending the governor’s powers and questions about who would be in charge if the governor really was inaccessible.[4]

Campaign finance

See also: Campaign finance requirements for Arkansas ballot measures

The support campaign for Issue 2 featured one ballot question committee, Arkansas for Free Enterprise, that received a total of $29,000 in contributions. The support campaign had spent $28,935.

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $29,000.00 $0.00 $29,000.00 $28,935.00 $28,935.00
Oppose $0.00 $0.00 $0.00 $0.00 $0.00
Total $29,000.00 $0.00 $29,000.00 $28,935.00 $28,935.00

Support

The following table includes contribution and expenditure totals for the committee(s) supporting the measure.[11]

Committees in support of Issue 2
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Arkansas for Free Enterprise $29,000.00 $0.00 $29,000.00 $28,935.00 $28,935.00
Total $29,000.00 $0.00 $29,000.00 $28,935.00 $28,935.00

Donors

The following were the top donors to the support committee(s).[11]

Donor Cash Contributions In-Kind Contributions Total Contributions
Conduit for Action $14,500.00 $0.00 $14,500.00
Political Strategies LLC $14,500.00 $0.00 $14,500.00

Opposition

No ballot question committees registered to oppose Issue 2.

Methodology

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

Polls

See also: 2016 ballot measure polls
  • On October 21, 2016, Talk Business & Politics-Hendrix College surveyed 463 likely voters and found 52 percent of respondents supporting Issue 2.[12]
Arkansas Issue 2 (2016)
Poll Support OpposeUndecidedMargin of errorSample size
Talk Business & Politics-Hendrix College
10/21/2016
52.0%23.5%24.5%+/-4.6463
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.

Path to the ballot

See also: Amending the Arkansas Constitution

Section 22, Article 19 of the Arkansas Constitution says that a majority vote is required in both houses of the Arkansas Legislature in order to send a measure to the ballot. The Arkansas Senate approved Senate Joint Resolution 3 (SJR 3) to amend its wording on April 1, 2015, with 30 "yes" votes and one "no" vote. The only senator to vote against the resolution was Alan Clark (R-13). The Arkansas House approved SJR 3 the next day with a unanimous vote.[1]

Senate vote

April 1, 2015

Arkansas SJR 3 Senate Vote
ResultVotesPercentage
Approveda Yes 30 96.77%
No13.23%

House vote

April 2, 2015

Arkansas SJR 3 House Vote
ResultVotesPercentage
Approveda Yes 80 100.00%
No00.00%

State profile

Demographic data for Arkansas
 ArkansasU.S.
Total population:2,977,853316,515,021
Land area (sq mi):52,0353,531,905
Race and ethnicity**
White:78%73.6%
Black/African American:15.5%12.6%
Asian:1.4%5.1%
Native American:0.6%0.8%
Pacific Islander:0.2%0.2%
Two or more:2.1%3%
Hispanic/Latino:6.9%17.1%
Education
High school graduation rate:84.8%86.7%
College graduation rate:21.1%29.8%
Income
Median household income:$41,371$53,889
Persons below poverty level:22.9%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Arkansas.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Arkansas

Arkansas voted Republican in all seven presidential elections between 2000 and 2024.

Pivot Counties (2016)

Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, one is located in Arkansas, accounting for 0.5 percent of the total pivot counties.[13]

Pivot Counties (2020)

In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Arkansas had one Retained Pivot County, 0.55 percent of all Retained Pivot Counties.

More Arkansas coverage on Ballotpedia

Recent news

The link below is to the most recent stories in a Google news search for the terms Arkansas 2016 Governor Issue 2. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

Related measures

No measures concerning State executive official measures are certified for the ballot in 2016. They will be listed below if and when any are certified for the ballot.

See also

External links

Footnotes

  1. 1.0 1.1 1.2 1.3 Arkansas Legislature, "SJR3," accessed March 5, 2015
  2. 2.0 2.1 2.2 Three 2016 ballot initiatives the Ark. legislature approved in 2015," August 25, 2016
  3. Arkansas Secretary of State, "2016 Ballot Issues," accessed October 8, 2016
  4. 4.0 4.1 4.2 4.3 4.4 4.5 4.6 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 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 Cite error: Invalid <ref> tag; name "quotedisclaimer" defined multiple times with different content
  5. 5.0 5.1 Arkansas General Assembly, "SJR 3," accessed March 22, 2016
  6. Before Its News, "LT Governor Mike Darr: Makes Arkansas Gun-Permit Records Private Under New Law, In A Rare Maneuver," February 23, 2013
  7. Southwest Times Record, "Referred issues will be on Arkansas general election ballots, too," September 11, 2016
  8. Office of the Lieutenant Governor, "Griffin Applauds Senate Passage of ‘Good Government’ Amendment Regarding Lieutenant Governor’s Powers," April 1, 2015
  9. Southwest Times Record, "Brawner: When the governor crosses line," October 2, 2016
  10. 10.0 10.1 University of Arkansas, "2016 Arkansas Ballot Issues Voter Guide," accessed October 8, 2016
  11. 11.0 11.1 Cite error: Invalid <ref> tag; no text was provided for refs named sup
  12. KATV, "Issues 2 and 3 find some support, but unknowns still large," October 25, 2016
  13. The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.