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Laws governing the initiative process in Arkansas
Citizens of Arkansas may initiate legislation as either a state statute or a constitutional amendment. In Arkansas, citizens also have the power to repeal legislation via veto referendum. The Arkansas State Legislature may also place measures on the ballot as legislatively-referred constitutional amendments or legislatively-referred state statutes.
Crafting an initiative
Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the allowable scope and content of initiated proposals. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates, and establish guidelines for adjudicating contradictory measures.
Single-subject rule
- See also: Single-subject rule
In Arkansas, statewide initiatives are not governed by a single-subject rule. Local measures, however, must address "only a single comprehensive topic." [1]
See law: Arkansas Constitution, Article 5, Section 1 & Arkansas Code, Title 14, Subtitle 2, Ch. 14-915
Subject restrictions
- See also: Subject restrictions (ballot measures)
Initiated measures and amendments are not governed by subject restrictions in Arkansas. In addition, they are not required to specify a funding source for mandated expenditures.[2][3]
See law: Arkansas Constitution, Article 5, Section 1 & Arkansas Code, Title 7, Ch. 9-503
Competing initiatives
The Arkansas Constitution provides that in the event that two measures conflict, the measure with most "yes" votes will become law.
See law: Arkansas Constitution, Article 5, Section 1
Starting a petition
Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.[4][5][6]
Applying to petition
- See also: Approved for circulation
Prior to collecting signatures, initiative proponents must submit a draft of the bill, a proposed ballot title, and a proposed popular name to the Attorney General. The Attorney General then has 10 days to approve the proposal, return it to the proponents for revision, or select an alternative ballot title or name. The primary grounds for rejection or modification is inaccurate or misleading language. Proponents may challenge the decision of the Attorney General in the Arkansas Supreme Court. Once the measure's ballot title and popular name have been approved, proponents must file a copy of the petition with the Arkansas Secretary of State.
See law: Arkansas Code, Title 7, Ch. 9-107
Proposal review/approval
- See also: Approved for circulation
Any Arkansas taxpayer may request that the Secretary of State review an initiative petition for legal sufficiency. The Secretary, in consultation with the Attorney General, has 30 days to issue an opinion. A measure may only be declared insufficient if (1) its title or name are unfair or incomplete or (2) if passed, the measure "would violate any state constitutional provision or any federal constitutional, statutory, or regulatory provision or would be invalid for any other reason." Sponsors are then permitted 30 days to correct or amend the petition. The Secretary has 15 days to review the revisions. Any taxpayer or sponsor of the measure may appeal the decision to the Arkansas Supreme Court.
See law: Arkansas Code, Title 7, Ch. 9-501 through 9-506
Fiscal review
- See also: Fiscal impact statement
Arkansas does not require a fiscal analysis for ballot measures.[7]
See law: Arkansas Code, Title 7, Ch. 9-107 & Arkansas Code, Title 7, Ch. 9-501 through 9-506
Collecting signatures
Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.
Number required
- See also: Arkansas signature requirements
Signature requirements in Arkansas differ between statutory initiatives, constitutional amendments, and veto referendums. For an initiated constitutional amendment, signatures equal to at least 10% of the total number of votes cast for the office of governor in the last gubernatorial election are required. For an initiated state statute, signatures equal to at least 8% of this total are required. For veto referendums, signatures equal to at least 6% of this total are required.
| Year | Amendment | Statute | Veto referendum |
|---|---|---|---|
| 2014 | 78,133 | 62,507 | 46,880 |
| 2012 | 78,133 | 62,507 | 46,880 |
| 2010 | 77,468 | 61,974 | 46,481 |
| 2008 | 77,468 | 61,974 | 46,481 |
See law: Arkansas Constitution, Article 5, Section 1
Distribution requirements
- See also: Distribution requirement
Proponents must collect signatures equaling at least half of the designated percentage of gubernatorial votes in at least 15 of the state's counties. (1/2 of 10% = 5% for an amendment; 1/2 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 qualified electors would be required. The distribution requirement was created by Arkansas Amendment 7 in 1920.[8]
See law: Arkansas Constitution, Article 5, Section 1
Restrictions on circulators
Pay-per-signature
- See also: Pay-per-signature
Arkansas does not prohibit paying circulators by the signature. In addition, the Arkansas Constitution forbids any law prohibiting the payment of circulators.[8]
See law: Arkansas Constitution, Article 5, Section 1
Out-of-state circulators
Arkansas does not require circulators to reside in the state.[8]
See law: Arkansas Code, Title 7, Ch. 9-108
Badge requirements
- See also: Badge requirements
Arkansas does not require paid circulators to be identified by a badge or on the petition form.[9]
See law: Arkansas Code, Title 7, Ch. 9-108
Electronic signatures
- See also: Electronic petition signatures
Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. Arkansas law does mandate that signatures be collected in person.
See law: Arkansas Code, Title 7, Ch. 9-108
Deadlines for collection
- See also: Petition drive deadlines; Circulation period
In Arkansas, petitioners have an unlimited window in which to collect signatures. Signatures must be filed four months before the election in which the measure is to appear on the ballot.[8]
See law: Arkansas Constitution, Article 5, Section 1
Getting on the ballot
Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.
Signature verification
- See also: Signature certification
Within 30 days of receiving petition signatures, the Arkansas Secretary of State verifies each signature up to 110% of the required number. Prior to counting, the Secretary removes any individual petitions that are formally deficient. If any individual petition appears, beyond a reasonable doubt, to contain 20% or more dubious signatures, initiative sponsors are then responsible for proving which of the signatures are valid. If the petition fails to meet the signature requirement, petitioners have 30 days to collect additional signatures or demonstrate that rejected signatures are valid.[8]
See law: Arkansas Code, Title 7, Ch. 9-107
Ballot title and summary
- See also: Ballot title
After petition certification, the Arkansas Secretary of State drafts an abstract of each measure. These abstracts must be conspicuously posted at polling places. Only the ballot title and name, as chosen prior to circulation, appear on the ballot.
See law: Arkansas Code, Title 7, Ch. 9-114
The election and beyond
Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a 3/5 supermajority, others states set the margin differently. In addition, ballot measures may face legal challenge or modification by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.
Supermajority requirements
- See also: Supermajority requirements
Arkansas does not require a supermajority for passage of an initiated statute, initiated amendment, or veto referendum.
See law: Arkansas Constitution, Article 5, Section 1
Effective date
Unless specified by the measure itself, initiatives take effect 30 days after the election in which they are approved.
See law: Arkansas Constitution, Article 5, Section 1
Litigation
- See also: Ballot measure lawsuit news
Any challenge to the determinations of the Secretary of State regarding the sufficiency of a petition, is under the "original and exclusive jurisdiction" of the Arkansas Supreme Court.
See law: Arkansas Constitution, Article 5, Section 1
Legislative tampering
- See also: Legislative tampering
The Arkansas State Legislature may not repeal or amend a successful initiative or referendum, except by a two-thirds supermajority vote.
See law: Arkansas Constitution, Article 5, Section 1
Re-attempting an initiative
Arkansas does not limit how soon an initiative can be re-attempted. [10]
See law: Arkansas Constitution, Article 5, Section 1
Funding an initiative campaign
The Ethics Commission has primary enforcement over the state's campaign finance laws. If someone wants to file a complaint alleging a violation of Arkansas Campaign Finance Law, the complaint must be directed to the Arkansas Ethics Commission. It is up to the Commission to determine if any policies are violated and to remedy any action[11].
State initiative law
Article X of the Arkansas Constitution provides authority for the initiative and referendum process.
Title 7 of the Arkansas Code governs the initiative and referendum process.
External links
- Arkansas Secretary of State
- Arkansas Secretary of State, "2010 Initiatives and Referenda: Facts and Information for the 2010 General Election"
References
- ↑ NCSL, "Initiative Subject Restrictions," May 11, 2009
- ↑ NCSL, "Initiative Subject Restrictions," May 11, 2009
- ↑ NCSL, "Restrictions on the Dedication of Revenue via the Initiative," August 3, 2006
- ↑ NCSL, "Drafting the Initiative Proposal," Accessed May 19, 2011
- ↑ NCSL, "Preparation of a Fiscal Analysis," Accessed May 19, 2011
- ↑ NCSL, "Preparation of a Ballot Title and Summary," Accessed May 19, 2011
- ↑ NCSL, "Preparation of a Fiscal Analysis," February 3, 2003
- ↑ 8.0 8.1 8.2 8.3 8.4 Arkansas Secretary of State, "2010 Initiatives and Referenda: Facts and Information for the 2010 General Election"
- ↑ NCSL, "Paid vs. Volunteer Petitioners," June 17, 2010
- ↑ NCSL, "Banning Same or Similar Measures from the Ballot for a Specified Period of Time," May 2009
- ↑ [Contacted Arkansas Ethics Commission on October 12, 2009 to confirm this procedure]
| Contents |
|---|
| 1 Laws and procedures |
| 2 Changes in the law |
| 2.1 Proposed changes by year |
| 2.1.1 2012 |
| 2.1.2 2011 |
| 2.1.3 2010 |
The following laws have been proposed which modify ballot measure law in Arkansas.
Proposed changes by year
2012
|
2011
|
2010
No proposed changes were identified in 2010.
 |
State of Arkansas Little Rock (capital) |
|---|---|
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- Ballot measure law, Arkansas
- Laws governing the initiative process, by state
- States with initiated statutes
- States with initiated amendments
- States with veto referendum
- States with a superseding initiative rule
- States with a distribution requirement
- States with a limit on legislative repeal
- Petition verification, actual
- Circulation period, greater than two years
