Laws governing local ballot measures in Arkansas

Laws Governing Local Ballot Measures

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Terms

Initiative • Home rule • General law city • Charter city • Petition • Circulation period • Circulator • Paid circulator • Volunteer circulator • Circulator affidavit • Signer • Valid signature • Forged signature • Fraudulent signature • Invalid signature • Electronic petition signature • Legislative tampering • Registered voter

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

Arkansas' local governments fall into the following categories:

• Counties: there are 75 counties in Arkansas.

• Municipalities: there are 501 municipalities in Arkansas. They are generally classified by increasing population as "incorporated towns," "cities of the second class," and "cities of the first class." In certain circumstances, cities may raise their classification by one level through a referendum vote (in the case of towns) or a local ordinance (in the case of second class cities). State statutes provide for municipal charters, but no cities have yet adopted one.

• In addition, there are 727 special districts and 239 independent school districts.

School districts

See also: School bond and tax elections in Arkansas

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

Initiative process availability

Ballot Law Portal

Laws Governing Ballot Measures

Counties

All of Arkansas' 75 counties have an initiative initiative process for ordinances.

Municipalities

All of Arkansas' 501 municipalities have an initiative process for ordinances. Though none have yet been established, any future charter cities would have charter amendment by initiative.

Authority

A guide to local ballot initiatives

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

Local Initiative Process, Arkansas Constitution   Petition form: Each proposed measure must contain a standard enacting clause. The ballot title is submitted by proponents with their completed petitions. (A sample petition form may be found in Ark. Code § 7-9-104) Arkansas Constitution, Article 5, Section 1 Signature requirements: Petitions must contain signatures equal to fifteen percent of the jurisdiction’s legal voters. For the purpose of calculating the signature requirement, the number of “legal voters” is equal to the total vote cast for mayor in the last general election (in municipalities) and the total vote cast for circuit clerk in the last general election (in counties). Arkansas Constitution, Article 5, Section 1 Circulator restrictions: No restrictions were found. Paid circulation is protected by the constitution. Arkansas Constitution, Article 5, Section 1 Election results: A simple majority determines the outcome of the election. Arkansas Constitution, Article 5, Section 1 Conflicting measures: If two approved measures conflict, the one with the highest number of affirmative votes will take effect--the other will not. Arkansas Constitution, Article 5, Section 1 Legislative tampering: No measure approved by a vote of the people shall be amended or repealed by the city council, except upon a yea and nay vote on roll call of two-thirds of all the members of the city council. Arkansas Constitution, Article 5, Section 1

County-specific provisions

County Initiative Process, Arkansas Code   Petition form: Proposed laws must only address one subject. Petitions must contain the full proposal and be reviewed by an attorney. Additional technical requirements can be found in Title 7, Chapter 9, Subchapter 1 of the Arkansas Code. Arkansas Code, § 14-14-915 (a) Signature requirements: In counties with no circuit clerk, the most recent vote for governor is used as the basis for the signature requirement. Arkansas Code, § 14-14-914 (b) Circulation period: Initiative petitions must be filed 90 to 120 days prior to the general election. The county clerk must verify the petition at least 70 days before the general election. Arkansas Code, § 14-14-915 (b) Circulator restrictions: No restrictions were found. Notary requirement: No requirement was found. Submitting signatures: Petitions are filed with the county clerk. The clerk must verify the petition within 10 days of filing. If the clerk finds that there are insufficient signatures, sponsors have 10 days to contest rejected signatures and collect/submit additional signatures. Arkansas Code, § 14-14-915 (b)(d)(e) Judicial appeal: Any taxpayer aggrieved by the determination of insufficiency may, within 15 days, appeal the decision to the circuit court. Arkansas Code, § 14-14-915 (e) & § 14-14-916 Election procedure: Initiated measures may only be submitted to voters at regular general elections. Each ballot measure is assigned a number according to when signatures were filed. Arkansas Code, § 14-14-917 (a)(1) & (b)(1) Legislative tampering: The county quorum court may not repeal a measure approved by the voters without a 2/3 majority vote. Arkansas Code, § 14-14-918 (b) Limitations: Local initiatives must be consistent with state law. Arkansas Code, § 14-14-914 (b)

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:

Initiated Charter Amendment Process   Single-subject rule: Amendments must be confined to a single subject. Arkansas Code, § 14-42-304 (e) Signature requirements: Signatures must be collected from 10% of the municipality's qualified electors. Arkansas Code, § 14-42-304 (a) Election procedure: Initiated amendments may be submitted at either a general or special election. Approved amendments take effect as specified in the amendment itself. Charter amendments must be certified to the Secretary of State upon taking effect. Arkansas Code, § 14-42-304 (b)(d) Election results: A simple majority determines the outcome of the election. Arkansas Code, § 14-42-304 (d)

Initiative in the top 10 most populated cities

List of Most Populated Cities in Arkansas
City	Population	City Type	Next election
Little Rock	195,314	General Law	November 5, 2013
Fayetteville	75,102	General Law	November 5, 2013
Fort Smith	87,152	General Law	November 5, 2013
Springdale	71,397	General Law	November 5, 2013
Jonesboro	68,547	General Law	November 5, 2013
North Little Rock	62,886	General Law	November 5, 2013
Conway	60,470	General Law	November 5, 2013
Rogers	57,539	General Law	November 5, 2013
Pine Bluff	48,339	General Law	November 5, 2013
Bentonville	36,295	General Law	November 5, 2013

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.

Individual city provisions   Little Rock Population as of the July, 2011 census update: 195,314. Little Rock is a general law city. The city code follows the 15% signature requirement, but (as a city manager form of government, in accordance with Ark. Code, § 14-14-914) slightly alters the way it is computed: "The number of signatures required upon any petition shall be computed upon the highest vote cast at the last preceding general election for any position on the board of directors." The code also sets a time frame for filing petitions: "All initiative petitions proposing local measures shall be filed with the city clerk not less than 60 days nor more than 90 days prior to the election at which they are to be voted upon." Little Rock Code, Chap. 2, Art. III Fayetteville Population as of the July, 2011 census update: 75,102. Fayetteville is a general law city. The city code states that initiative petitions must be filed no later than 83 days before the general election date. Fayetteville Code, Sec. 36.01 The next 8 most populated cities (Fort Smith, Springdale, Jonesboro, North Little Rock, Conway, Rogers, Pine Bluff, Bentonville) do not provide additional initiative requirements in their city codes.

See also

• Laws governing ballot measures
• Laws governing local ballot measures
• Local ballot measures, Arkansas

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 2007