Laws governing ballot measures in Arkansas
This page provides an overview of resources addressing the laws and procedures that govern statewide and local ballot measures in Arkansas, including the initiative and referendum process, constitutional amendments, signature requirements, recall procedures, and campaign finance regulations.
- Types of ballot measures in Arkansas
- Laws governing the initiative process in Arkansas
- Amending the Arkansas Constitution
- Laws governing local ballot measures in Arkansas
- Signature requirements for ballot measures in Arkansas
- Laws governing recall in Arkansas
- Laws governing state constitutional conventions in Arkansas
- Campaign finance requirements for Arkansas ballot measures
- Changes to laws governing ballot measures in Arkansas
Laws governing ballot measures in Arkansas
Types of ballot measures in Arkansas
- Arkansas has three types of citizen-initiated ballot measures: initiated constitutional amendments, initiated state statutes, and veto referendums.
- In Arkansas, the legislature can refer constitutional amendments, state statutes and bond measures.
- The Arkansas Constitution is one of eight state constitutions with no mechanism for calling a convention.
Laws governing the initiative process in Arkansas
- In Arkansas, citizens have the power to initiate state statutes or constitutional amendments, as well as the power to repeal legislation through veto referendums.
- The initiative and referendum powers were established with voter approval of Amendment 10 in 1910.
Amending the Arkansas Constitution
- Arkansas became a state in 1836. The current state constitution was ratified in 1874.
- The Arkansas Constitution can be amended in three ways:
- Legislatively referred constitutional amendment: The state legislature can refer constitutional amendments to the ballot with a simple majority vote in each legislative chamber. Amendments do not require the governor's signature to be referred to the ballot.
- Initiated constitutional amendment: Citizens can initiate constitutional amendments in Arkansas.
- Convention-referred constitutional amendment: A state constitutional convention can vote to refer constitutional changes to the ballot.
Laws governing local ballot measures in Arkansas
- Article V, Part 1 of the Arkansas Constitution provides for initiative and referendum at the local level.
Signature requirements for ballot measures in Arkansas
- In Arkansas, the number of signatures required for ballot initiatives is tied to the total number of votes cast for the governor in the preceding election.
- An initiated constitutional amendment requires a number of signatures equal to 10% of the votes cast for governor.
- An initiated state statute requires a number of signatures equal to 8% of the votes cast for governor.
- A veto referendum requires a number of signatures equal to 6% of the votes cast for governor.
- All signatures must be filed four months before the election in which the measure would appear on the ballot. Signatures for veto referendums are due 90 days following the adjournment of the legislative session at which the targeted bill was approved.
Laws governing recall in Arkansas
- Arkansas allows for the recall of some local officials but does not allow for the recall of state officials. Under state statute, the following local elected officials are subject to recall:
- Mayors
- Members of the board of directors
- Commissioners of suburban improvement districts
- School board members
Laws governing state constitutional conventions in Arkansas
- The Arkansas Constitution is one of eight state constitutions with no mechanism for calling a convention.
Campaign finance requirements for Arkansas ballot measures
- PACs that support or oppose ballot measures in Arkansas must register and report campaign finance.
Changes to laws governing ballot measures in Arkansas
- Senate Bill 102: The bill applied state initiative requirements to local option election petitions, including requiring initiative sponsors to submit signed statements to county clerks at least 30 days before beginning signature collection including a final list of all names and addresses of each paid canvasser, as well as current state criminal history and criminal record searches certifying that canvassers have no disqualifying offenses; required paid canvassers to be United States citizens; and prohibited pay-per-signature for local option election petitions.[1]
SB 102 Vote | Senate | House | ||||
---|---|---|---|---|---|---|
Yes | No | NV | Yes | No | NV | |
Total | 29 | 5 | 1 | 87 | 7 | 6 |
Democratic (D) | 2 | 4 | 0 | 8 | 7 | 4 |
Republican (R) | 27 | 1 | 1 | 79 | 0 | 2 |
- Senate Bill 188: The bill requires sponsors within five days of a proposal being certified by the attorney general to submit to the secretary of state the full text of the proposal, the certified popular name and ballot title, and the attorney general's certified letter. The bill also requires the secretary of state to post this information on its website until the day after the next general election.[2]
SB 188 Vote | Senate | House | ||||
---|---|---|---|---|---|---|
Yes | No | NV | Yes | No | NV | |
Total | 34 | 0 | 1 | 97 | 0 | 3 |
Democratic (D) | 6 | 0 | 0 | 18 | 0 | 1 |
Republican (R) | 28 | 0 | 1 | 79 | 0 | 2 |
- Senate Bill 207: The bill required canvassers to notify petition signers, either verbally or in writing, that petition fraud is a criminal offense. If a petitioner fails to provide the notification, they would be charged with falsifying materials related to initiative or referendum petitions, a Class A misdemeanor. Class A misdemeanors are punishable by a fine of up to $2,500 and/or up to one year of jail time. [3]
SB 207 Vote | Senate | House | ||||
---|---|---|---|---|---|---|
Yes | No | NV | Yes | No | NV | |
Total | 25 | 9 | 1 | 67 | 26 | 7 |
Democratic (D) | 0 | 6 | 0 | 0 | 17 | 2 |
Republican (R) | 25 | 3 | 1 | 67 | 9 | 5 |
- Senate Bill 208: The bill required a photo ID to be presented to a canvasser prior to signing an initiative petition.[4]
SB 208 Vote | Senate | House | ||||
---|---|---|---|---|---|---|
Yes | No | NV | Yes | No | NV | |
Total | 26 | 6 | 3 | 70 | 24 | 6 |
Democratic (D) | 0 | 6 | 0 | 0 | 17 | 2 |
Republican (R) | 26 | 0 | 3 | 70 | 7 | 4 |
- Senate Bill 209: Allow the secretary of state to disqualify signatures collected by a canvasser if the secretary of states finds 'by a preponderance of evidence' that the canvasser violated any state laws related to canvassing[5]
SB 209 Vote | Senate | House | ||||
---|---|---|---|---|---|---|
Yes | No | NV | Yes | No | NV | |
Total | 26 | 6 | 3 | 62 | 29 | 9 |
Democratic (D) | 0 | 6 | 0 | 0 | 19 | 0 |
Republican (R) | 26 | 0 | 3 | 62 | 10 | 9 |
- Senate Bill 210: The bill required a petition signer to read the ballot title in the presence of a canvasser or have the ballot title read aloud to them by the canvasser prior to signing a petition.[6]
SB 210 Vote | Senate | House | ||||
---|---|---|---|---|---|---|
Yes | No | NV | Yes | No | NV | |
Total | 22 | 10 | 3 | 57 | 33 | 10 |
Democratic (D) | 0 | 6 | 0 | 0 | 19 | 0 |
Republican (R) | 22 | 4 | 3 | 57 | 14 | 10 |
- Senate Bill 211: The bill required canvassers to submit a sworn affidavit in order to have signatures counted to the secretary of state certifying that the canvasser complied with all laws related to canvassing, perjury, forgery, and fraudulent practices in signature gathering.[7]
SB 211 Vote | Senate | House | ||||
---|---|---|---|---|---|---|
Yes | No | NV | Yes | No | NV | |
Total | 24 | 9 | 2 | 65 | 27 | 8 |
Democratic (D) | 0 | 6 | 0 | 0 | 19 | 0 |
Republican (R) | 24 | 3 | 2 | 65 | 8 | 8 |
- Senate Bill 351: The bill required ballot question campaign signage, literature, and other campaign materials to include a "Paid for by" statement specifying the committee that made the expenditure.[8]
SB 351 Vote | Senate | House | ||||
---|---|---|---|---|---|---|
Yes | No | NV | Yes | No | NV | |
Total | 34 | 0 | 1 | 97 | 0 | 3 |
Democratic (D) | 6 | 0 | 0 | 19 | 0 | 0 |
Republican (R) | 28 | 0 | 1 | 78 | 0 | 3 |
- Senate Bill 551: Require signers of local option election petitions to read the ballot title in the presence of a canvasser or have it read to them; require canvassers to notify signers that petition fraud is a criminal offense; require canvassers to submit a sworn affidavit that signers read the ballot title in their presence.[9]
SB 551 Vote | Senate | House | ||||
---|---|---|---|---|---|---|
Yes | No | NV | Yes | No | NV | |
Total | 18 | 9 | 8 | 71 | 20 | 9 |
Democratic (D) | 0 | 5 | 1 | 5 | 12 | 2 |
Republican (R) | 18 | 4 | 7 | 66 | 8 | 7 |
- Senate Bill 584: Require sponsors and canvassers to file required documentation to the county clerk as well as the secretary of state; requires the local ballot initiative or referendum to contain the full ballot title at the top of each signature page.[10]
SB 584 Vote | Senate | House | ||||
---|---|---|---|---|---|---|
Yes | No | NV | Yes | No | NV | |
Total | 32 | 0 | 3 | 73 | 20 | 7 |
Democratic (D) | 5 | 0 | 1 | 4 | 13 | 2 |
Republican (R) | 27 | 0 | 2 | 69 | 7 | 5 |
- House Bill 1221: The bill provided that signatures for an initiative or referendum petition expire on the date of the next general election following certification of the ballot language; provide that certified ballot language expires on the date of the next general election.[11]
HB 1221 Vote | Senate | House | ||||
---|---|---|---|---|---|---|
Yes | No | NV | Yes | No | NV | |
Total | 25 | 8 | 2 | 75 | 14 | 11 |
Democratic (D) | 0 | 6 | 0 | 2 | 13 | 4 |
Republican (R) | 25 | 2 | 2 | 73 | 1 | 7 |
- House Bill 1222: The bill allowed the attorney general to reject proposed initiatives if the attorney general determines that the proposal conflicted with the U.S. Constitution or federal laws. The bill also prohibited sponsors from filing conflicting measures—defined as two or more petitions concerning the same subject, having the same general purpose, and containing different language in the text—targeting the same election unless the sponsor had previously filed a petition that was rejected.[12]
HB 1222 Vote | Senate | House | ||||
---|---|---|---|---|---|---|
Yes | No | NV | Yes | No | NV | |
Total | 25 | 8 | 2 | 62 | 30 | 8 |
Democratic (D) | 0 | 6 | 0 | 0 | 17 | 2 |
Republican (R) | 25 | 2 | 2 | 62 | 13 | 6 |
- House Bill 1574: The bill required paid canvassers to be residents of the state and to live in the state.[13]
HB 1574 Vote | Senate | House | ||||
---|---|---|---|---|---|---|
Yes | No | NV | Yes | No | NV | |
Total | 25 | 8 | 1 | 76 | 16 | 8 |
Democratic (D) | 0 | 6 | 0 | 1 | 14 | 4 |
Republican (R) | 25 | 2 | 1 | 75 | 2 | 4 |
- House Bill 1637: The bill required fiscal impact statements for initiative petitions and legislatively referred constitutional amendments and require fiscal impact statements to be included on the ballot.[14]
HB 1637 Vote | Senate | House | ||||
---|---|---|---|---|---|---|
Yes | No | NV | Yes | No | NV | |
Total | 27 | 6 | 1 | 80 | 14 | 6 |
Democratic (D) | 0 | 6 | 0 | 1 | 14 | 4 |
Republican (R) | 27 | 0 | 1 | 79 | 0 | 2 |
- House Bill 1713: The bill prohibited the attorney general from certifying an initiative's ballot title if it is above an eighth-grade reading level as determined by the Flesch-Kincaid Grade Level formula as it existed on January 1, 2025.[15]
HB 1713 Vote | Senate | House | ||||
---|---|---|---|---|---|---|
Yes | No | NV | Yes | No | NV | |
Total | 29 | 5 | 5 | 60 | 23 | 17 |
Democratic (D) | 2 | 4 | 4 | 0 | 17 | 2 |
Republican (R) | 27 | 1 | 1 | 60 | 6 | 15 |
- House Bill 1837: Prohibits foreign nationals from donating directly or indirectly to ballot measure committees; requires ballot question committees and treasurers to affirm on campaign finance reports that the ballot question committee has not knowingly or willingly received contributions or expenditures from a prohibited source.[16]
HB 1837 Vote | Senate | House | ||||
---|---|---|---|---|---|---|
Yes | No | NV | Yes | No | NV | |
Total | 34 | 0 | 1 | 87 | 5 | 8 |
Democratic (D) | 5 | 0 | 1 | 8 | 5 | 6 |
Republican (R) | 29 | 0 | 0 | 79 | 0 | 2 |
- House Bill 1933: Establishes a process for recalling school district board of directors.[17]
HB 1933 Vote | Senate | House | ||||
---|---|---|---|---|---|---|
Yes | No | NV | Yes | No | NV | |
Total | 33 | 2 | 0 | 74 | 18 | 8 |
Democratic (D) | 4 | 2 | 0 | 6 | 11 | 2 |
Republican (R) | 29 | 0 | 0 | 68 | 7 | 6 |
See also
Footnotes
- ↑ Arkansas State Legislature, "SB 102," accessed February 28, 2025
- ↑ Arkansas State Legislature, "SB 188," accessed February 28, 2025
- ↑ Arkansas State Legislature, "SB 207," accessed February 28, 2025
- ↑ Arkansas State Legislature, "SB 208," accessed March 5, 2025
- ↑ Arkansas State Legislature, "SB 209," accessed March 16, 2025
- ↑ Arkansas State Legislature, "SB 210," accessed March 5, 2025
- ↑ Arkansas State Legislature, "SB 211," accessed March 5, 2025
- ↑ Arkansas State Legislature, "SB 351," accessed April 16, 2025
- ↑ Arkansas State Legislature, "SB 551," accessed April 1, 2025
- ↑ Arkansas State Legislature, "SB 584," accessed April 1, 2025
- ↑ Arkansas State Legislature, "HB 1221," accessed February 28, 2025
- ↑ Arkansas State Legislature, "HB 1222," accessed February 28, 2025
- ↑ Arkansas State Legislature, "HB 1574," accessed April 9, 2025
- ↑ Arkansas State Legislature, "HB 1637," accessed April 9, 2025
- ↑ Arkansas State Legislature, "HB 1713," accessed April 16, 2025
- ↑ Arkansas State Legislature, "HB 1837," accessed April 25, 2025
- ↑ Arkansas State Legislature, "HB 1933," accessed April 1, 2025
- ↑ 18.0 18.1 THV 11, "Gov. Sanders plans to sign new ballot initiative measure," March 7, 2023
- ↑ Arkansas Times, "King v. Thurston," March 10, 2023
- ↑ Arkansas State Legislature, "House Bill 1510," accessed June 15, 2023
- ↑ Arkansas State Legislature, "House Joint Resolution 1005," accessed June 15, 2023
- ↑ Arkansas State Legislature, "Senate Bill 614," accessed June 15, 2023
- ↑ Arkansas State Legislature, "House Joint Resolution 1008," accessed June 23, 2023
- ↑ Arkansas State Legislature, "Senate Bill 346," accessed June 23, 2023