Push to protect ballot initiatives advances in Arkansas
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Illustration: Megan Robinson/Axios
A proposed amendment to the Arkansas Constitution could have a sweeping impact on voters' control over how future laws are shaped.
Why it matters: The measure, backed by Arkansas' League of Women Voters and Save AR Democracy, seeks to require a statewide vote before changing Arkansas' direct democracy process.
- It would also streamline legal reviews and prohibit the state Legislature from amending or repealing constitutional amendments.
Driving the news: Attorney General Tim Griffin's office on Wednesday approved the popular name and ballot title for the citizen-led constitutional amendment.
- His office rejected three previous drafts.
- The most recent rejection cited a 2025 law, Act 602, which requires the language to be at or below eighth-grade reading level according to the Flesch-Kincaid scale.
The big picture: Arkansas voters can change or reject laws enacted by the state Legislature through a citizen-initiated ballot process.
- Changes can be in the form of a proposed ballot initiative as a state statute (a change to a law) or a constitutional amendment (a more significant change to the state's constitution). They also may repeal legislation with a veto referendum.
Yes, but: In recent years, lawmakers have made the process more difficult, passing laws that riddle it with technicalities and all but require a group to be well funded to gather petition signatures.
- Acts 240 and 241, signed this year, require canvassers to submit an affidavit proclaiming they will follow Arkansas law and to check photo ID before a voter can sign a petition.
- Act 274 requires canvassers to certify a voter has read the ballot title summarizing the measure, or to read it aloud to the voter before they sign the petition.
Flashback: Last year, three citizen-led initiatives collected enough signatures for the November ballot. However, the abortion amendment and the recreational marijuana amendment were eventually disqualified over paperwork.
- Only a measure to revoke a casino license and require voters to approve future licenses was included. Voters approved it by a wide majority.
State of play: Supporters of the proposed amendment can now begin gathering signatures from registered voters.
- Signature requirements vary for each type of citizen-initiated proposal, based on a percentage of the votes cast in the most recent gubernatorial election. Constitutional amendments require 10%, or 90,704 signatures.
- Due to a 2023 law, signatures must be gathered from 50 counties instead of the previously required 15.
What they're saying: "This victory belongs to every Arkansan who believes in the power of the people to shape their own government," Bonnie Miller, president of the League, said in a statement following Griffin's decision.
- "Despite the challenges, we refused to give up because the right to direct democracy is worth fighting for."
What we're watching: It will be telling to see how quickly or slowly Arkansas voters sign the petition.
- If all legal requirements are met, the measure will be eligible for the 2026 general election.
