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Laws governing the initiative process in Arkansas
Laws and procedures
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 and 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 and Arkansas Code, Title 7, Ch. 9-503
Veto referendums on emergency legislation
In Arkansas, veto referendums can be used on emergency legislation. The targeted emergency bill remains law unless rejected by voters at the election. Successful veto referendum petitions on non-emergency legislation suspend the targeted law from going into effect until the election. Signatures for veto referendums in Arkansas are due 90 days after the legislative session during which the bill was passed adjourns.
See law: Arkansas Constitution, Article 5, Section 1
Competing initiatives
The Arkansas Constitution provides that in the event that two measures conflict, the measure with the 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 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. Within 10 business days, the attorney general must approve and certify the popular name and ballot title; substitute and certify a more suitable or correct popular name and ballot title; or reject the proposed popular name and ballot title with reasoning and instructions for proponents to redesign the ballot language.
Sponsors may not submit conflicting measures to the attorney general for review and certification targeting the same election. Conflicting measures is defined by state law as measures that cover the same subject matter, are for the same general purpose, and that contain different language in the text, ballot title, or popular name. If an initiative or referendum proposal is certified, sponsors can submit a conflicting measure after the date of the next general election. If an initiative or referendum proposal is rejected, sponsors can submit a conflicting measure if the original filing was rejected.
See law: Arkansas Code, Title 7, Ch. 9-107
Proposal review/approval
- See also: Approved for circulation
In making the determination of whether to approve the petition or not, the attorney general is required to review proposals and may reject them under the following circumstances:
- if the ballot title and popular name "is presented in a manner that is not misleading and not designed in such manner that a vote 'FOR' the issue would be a vote against the matter or viewpoint that the voter believes himself or herself casting a vote for, or, conversely, that a vote 'AGAINST' an issue would be a vote for a viewpoint that the voter is against; or
- the proposal conflicts with the U.S. Constitution or federal laws.
The initiative sponsor or any registered voter is allowed to challenge the determination of the attorney general in the Arkansas Supreme Court.
The attorney general may not approve a ballot title if it is written above an eighth-grade reading level as determined by the Flesch-Kincaid Grade Level score. The FKGL computes a score based on the number of syllables, the number of words, and the number of sentences in a text. The FKGL produces a score equivalent to the estimated number of years of education required to understand a text. A score of 9 estimates that a U.S. 9th grade student would be able to read and comprehend a text, while a score of 18 estimates that a person with 18 years of U.S. formal education would be able to read and comprehend a text.
See law: Arkansas Code, Title 7, Ch. 9-501 through 9-506
Fiscal review
- See also: Fiscal impact statement
House Bill 1637 (2025) required a fiscal impact statement to be produced for initiative petitions and for amendments referred to the ballot by the state legislature. Within 10 business days of receiving a proposed ballot measure, the attorney general must determine whether a measure has a financial impact such as changing state revenue or taxes. After a ballot title has been certified, the measure must be referred to the Department of Finance and Administration within three business days. The department must create an unbiased fiscal impact statement with a maximum of 100 words with an additional 100 words per affected revenue source. The final fiscal impact statement is due to the secretary of state by the 76th day before the general election. If a fiscal impact statement exceeds 200 words, a shortened version must also be prepared for the ballot.[7]
Prior to 2025, Arkansas did not require a fiscal analysis for ballot measures.[8]
See law: Arkansas Code, Title 7, Ch. 9-107 and 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.
Suspected forgery
A 2013 bill established that notice must be given to the state police or to county prosecuting attorneys of suspected forgery of signatures on petitions.
Petition sufficiency
A 2013 bill requires that sponsors of statewide petitions must assume the burden of defending the sufficiency of popular names and ballot titles in judicial proceedings.
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 percent 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 percent of this total are required. For veto referendums, signatures equal to at least 6 percent of this total are required.
The chart below shows election years and the signature requirement for initiatives designed to appear on the ballot in that year, with gubernatorial election years bolded.
| Year | Amendment | Statute | Veto referendum |
|---|---|---|---|
| 2026 | 90,704 | 72,563 | 54,422 |
| 2024 | 90,704 | 72,563 | 54,422 |
| 2022 | 89,151 | 71,321 | 53,491 |
| 2020 | 89,151 | 71,321 | 53,491 |
| 2018 | 84,859 | 67,887 | 50,916 |
| 2016 | 84,859 | 67,887 | 50,916 |
| 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 50 of the state's 75 counties. (1/2 of 10 percent = 5 percent for an amendment; 1/2 of 8 percent = 4 percent 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.[9]
See law: Arkansas Constitution, Article 5, Section 1
Restrictions on circulators
Circulator requirements
- See also: Petition circulator and Changes in 2019
In Arkansas, a circulator must be at least 18 years old, a resident of the state and living in the state, and must register with the secretary of state before circulating a petition. Each petition contains a mandatory circulator affidavit. A circulator is required to sign the affidavit in the presence of a notary public. Additionally, he/she must swear to and sign a statement, under the penalty of law, that he/she personally witnessed every act of signing the petition. A paid circulator must submit other information to the sponsors of a petition effort, such their name, their address, a statement that the circulator has read and understood the state's laws on initiative and referendum petitions and the state's most recent initiative and referendum handbook, and a statement that the circulator has not been found guilty of a "criminal felony offense or a violation of the election laws, fraud, forgery, or identification theft in any state of the United States, the District of Columbia, Puerto Rico, Guam, or any other United States protectorate" or of assault, battery, intimidation, threatening, sexual offenses, trespassing, vandalism, or theft. This information must be kept by the initiative sponsor for at least three years.
Moreover, before a paid circulator collects signatures on a petition, the sponsor of the petition must submit to the secretary of state the required sworn statement that the circulator has not been found guilty of any of the disqualifying crimes. Prior to 2019, that sworn statement had to be submitted to the sponsor before signature gathering, but not necessarily to the secretary of state prior to signature gathering. State law also puts the burden of proof with regard to circulator disqualifying crimes on petition sponsors.
There is no state statute that states a circulator cannot sign the petition he/she is circulating. Per the state code, when submitting signatures, "A person filing initiative or referendum petitions with the secretary of state shall bundle the petitions by county and shall file an affidavit stating the number of petitions and the total number of signatures being filed." The petition must state whether or not the circulator is being paid or is a volunteer. A report of all paid canvassers, officers, etc. must be filed.
Laws enacted in 2025 made the following changes:
- required canvassers to obtain a photo ID from signers before allowing them to sign petitions and notify petition signers, either verbally or in writing, that petition fraud is a criminal offense. If a petitioner fails to provide the notification, they could 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;
- required petitioners to submit an affidavit to the secretary of state certifying that the canvasser complied with all laws related to canvassing, perjury, forgery, and fraudulent practices in signature gathering; and
- 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.
See law: Arkansas Code, Title 7, Ch. 9-108, Act 1413 and Arkansas SB 822
Pay-per-signature
- See also: Pay-per-signature
Arkansas bans paying signature gatherers based on the number of signatures gathered. The Arkansas Legislature passed Senate Bill 614 in 2021 banning pay-per-signature.
See law: Arkansas Constitution, Article 5, Section 1
Out-of-state circulators
Arkansas law requires circulators to reside in the state and to be citizens. The residency requirement was passed in Senate Bill 614 in 2021.[9]
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.[10]
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
In Arkansas, as of February 25, 2025, signatures remain valid until the date of the next general election following certification of the petition's ballot language. This means that the longest time a petition may circulate is approximately two years.[11] Signatures for initiated statutes and amendments must be filed four months before the election in which the measure is to appear on the ballot. Signatures for veto referendums must be submitted 90 days after the final adjournment of the legislative session during which the targeted bill was passed.[9]
If enough submitted signatures are verified to put the petition at or above 75 percent of the required signatures, petitioners have an extra 30 days to collect supplementary signatures or prove invalidated signatures were actually valid.
See law: Arkansas Constitution, Article 5, Section 1
Paid petition blocking
- See also: Petition blocking
In 2023, Arkansas Senate Bill 377 was enacted, which made certain petition-blocking efforts (efforts to prevent a citizen-initiated ballot measure from collecting signatures to qualify an initiative for the ballot) a class A misdemeanor. The law required paid petition blockers or petition-blocking sponsors, defined as persons or entities that get paid or that pay people to interfere with a canvasser's attempt to solicit or obtain a signature, to register with the state, and to undergo criminal history checks.[12]
See law: SB 377 (2023)
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
Upon the initial filing of an initiative or referendum petition, the official charged with confirming the signatures is required to:
- Perform an initial count of the signatures
- Confirm, prior to the verification of the signatures, that the ballot has collected enough signatures as required by the state
The official charged with counting and verifying the signatures will not do either if the petition is found to have a problem or violates petition gathering laws.
Within 30 days of receiving petition signatures, the Arkansas secretary of statemust declare whether enough valid signatures were submitted. Prior to counting, the secretary of state removes any individual petitions that are formally deficient. If any individual petition appears, beyond a reasonable doubt, to contain 20 percent 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, but the petition has at least 75 percent of the valid signatures needed per 2014 Issue 2, petitioners have 30 days to collect additional signatures or demonstrate that rejected signatures are valid.[9]
A law enacted in 2025 allowed 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.
See law: Arkansas Code, Title 7, Ch. 9-107 and Arkansas SB 821
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.
A law passed in 2025 required 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; requires the secretary of state to post this information on its website until the day after the next general election.
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 three-fifths supermajority, other states set the margin differently. In addition, ballot measures may face legal challenges or modifications 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 alteration
- See also: Legislative alteration
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.[13]
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.[14]
Arkansas House Bill 1837 was enacted in 2025. It prohibited foreign nationals from donating directly or indirectly to ballot measure committees and required 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.[15]
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
Footnotes
- ↑ 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
- ↑ Arkansas State Legislature, "House Bill 1637," accessed April 9, 2025
- ↑ NCSL, "Preparation of a Fiscal Analysis," February 3, 2003
- ↑ 9.0 9.1 9.2 9.3 Arkansas Secretary of State, "2010 Initiatives and Referenda: Facts and Information for the 2010 General Election," accessed June 3, 2015
- ↑ NCSL, "Paid vs. Volunteer Petitioners," November 29, 2021
- ↑ Prior to 2025, petitioners had an unlimited window in which to collect signatures since collected signatures and certified ballot language did not have an expiry date.
- ↑ Arkansas State Legislature, "Senate Bill 377," accessed October 5, 2023
- ↑ NCSL, "Banning Same or Similar Measures from the Ballot for a Specified Period of Time," May 2009
- ↑ Ballotpedia Staff Member, "Phone conversation with Arkansas Ethics Commission," October 12, 2009
- ↑ Arkansas State Legislature, "HB 1837," accessed April 25, 2025
Changes in the law
| Contents |
|---|
| 1 Laws and procedures |
| 2 Changes in the law |
| 2.1 Proposed changes by year |
| 2.1.1 2022 |
| 2.1.2 2021 |
| 2.1.3 2010 |
| 2.1.4 2019 |
| 2.1.5 2018 |
| 2.1.6 2017 |
| 2.1.7 2016 |
| 2.1.8 2015 |
| 2.1.9 2014 |
| 2.1.10 2013 |
The following laws have been proposed that modify ballot measure law in Arkansas. If a box is empty for any given year, it means Ballotpedia did not track any ballot measure or recall-related laws in that year.
Proposed changes by year
2022
|
2021
Safe Surgery Arkansas et al. v. Thurston & Rutledge
On March 11, 2021, the Arkansas Supreme Court ruled that the state could not enforce Act 1219 of 2015, which required a background check for paid signature gatherers. According to the Arkansas State Police, a federal background check cannot be obtained on a paid signature gatherer. The Supreme Court upheld a lower court's finding that this made receiving a background check an impossible task and thus violated state constitutional rights to use the initiative and referendum. The Supreme Court also struck down the state background check provisions, deciding that the law was not severable. [1] |
2020
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2019
|
2018
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2017
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2016
|
2015
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2014
|
2013
Arkansas Senate Bill 821, concerning widespread regulations and changes to initiative and referendum law, was approved.
The following bills were introduced in the Arkansas General Assembly:
|
2012
|
2011
The following bills were introduced in the Arkansas State Legislature:
|
2010
No proposed changes were identified in 2010.
