AG Griffin rejects direct democracy ballot measure again
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Arkansas Attorney General Tim Griffin on Tuesday again rejected language for a proposed state constitutional amendment related to direct democracy through the referendum process.
Why it matters: The state legislature has passed laws making the process of citizen-led ballot initiatives more burdensome in recent years, adding technical hurdles and effectively requiring groups to be well funded to gather petition signatures.
- Critics say many of these laws are counter to the state's motto: regnat populus, or "the people rule."
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 may also repeal legislation with a veto referendum.
Driving the news: Griffin first rejected the proposed amendment in June, citing a 2025 law that requires the language to be at or below eighth-grade reading level according to the Flesch-Kincaid scale.
- Tuesday's rejection says the language ranks at ninth-grade level and that some proposed changes to the constitution are ambiguous.
State of play: "The Arkansas Ballot Measure Rights Amendment" rejected by Griffin was filed by Protect AR Rights (PAR) and is the second proposal in Arkansas this year to address the referendum process.
- The first, named "An Amendment Concerning Constitutional Amendments, Initiated Acts, and Referendums" is backed by Arkansas' League of Women Voters (LWV) and Save AR Democracy. Griffin approved its language in May and organizers are gathering signatures.
Both measures are nuanced, with differences and similarities but a few key points of note:
- While LWV's measure says any law dealing with the referendum process passed by the general assembly must be for a legitimate purpose, PAR's measure would give "the people the fundamental right" to make and repeal laws by the process.
- LWV's measure doesn't seek to reverse part of 2023's Act 236 that requires petition signatures to be collected in 50 counties rather than the previously required 15, but a lawsuit against the state in April seeks to address the issue. PAR's proposed amendment includes this provision.
- The measure by LWV automatically refers all new laws related to the referendum process made by the General Assembly to the voters for approval. PAR's doesn't.
Yes, but: They're similar in that they both would eliminate some burdens for citizens in the process.
- Previously, canvassers signed an affidavit. The measures would change the affidavit to a declaration under penalty of perjury.
What's next: Bill Kopsky, executive director of the Arkansas Public Policy Panel, will speak about ballot initiatives and this year's legislative session at 5:30pm Wednesday at Crisis Brewing in Fayetteville.