AG Griffin approves FOIA amendment proposal with changes, initiated act decision still pending

The day after a group seeking an amendment and initiated act to strengthen the state’s Freedom of Information law filed suit against Attorney General Tim Griffin, the AG approved their amendment proposal but with several changes.

Griffin changed the popular title from “The Arkansas Government Transparency Amendment of 2024” to “The Arkansas Government Disclosure Amendment of 2024.”

He added additional clarifying language to define “government transparency” as “the government’s obligation to share information with citizens or to deliver information to citizens.”

He also added language to make the proposal clearer on actions that could be taken by the Arkansas General Assembly; legal remedies tied to the state’s sovereign immunity eligibility; and a substitution about a section of the Arkansas Constitution the amendment addresses.

You can read the full ballot title text at the bottom of this story. You can read the AG’s full opinion here.

An opinion on the initiated act that is being pursued by Arkansas Citizens for Transparency (ACT) is expected tomorrow.

“The Amendment and Act are a package,” said Jen Standerfer, a member of ACT and one of the authors of the proposals. “They only work together. We’re grateful for today’s opinion, but the Committee cannot meet to determine next steps until then. We’re looking forward to reading tomorrow’s opinion from the Attorney General.”

The certification will allow canvassers to begin collecting over 90,000 voter signatures to try to qualify the measure for the November ballot. Those petition signatures must be turned into the Secretary of State’s office for review by July 5.

It is unclear if the legal challenge against Griffin on the amendment will go forward.

The full substituted language reads as follows:

The Arkansas Government Disclosure Amendment of 2024

An amendment to the Arkansas constitution providing that government transparency is a right of Arkansas citizens; defining “government transparency” as the government’s obligation to share information with citizens or to deliver information to citizens; prohibiting the General Assembly from making a law concerning government transparency without approval by a vote of the people, but allowing a two thirds majority of the General Assembly to refer such a law to the people to be approved or rejected at the next general election; permitting the General Assembly, by a nine-tenths vote and in the case of an emergency, to make a law concerning government transparency take immediate effect until approved or rejected by a vote of the people at the next general election; clarifying that any act the General Assembly refers to the people under this Amendment is not a referred constitutional amendment under article 19, section 22 of the Arkansas Constitution; prohibiting the General Assembly from amending this Amendment by referring an amendment to the people under article 19, section 22 of the Arkansas Constitution; clarifying that the people of Arkansas may exercise their authority under article 5, section 1 to amend this Amendment or an Arkansas statute concerning government transparency; abrogating the sovereign immunity of the State of Arkansas in lawsuits concerning government transparency and allowing plaintiffs to recover attorney’s fees in such suits; clarifying that this Amendment does not alter the constitutional powers of the State Supreme Court; clarifying that this Amendment does not alter the constitutional powers of the General Assembly to determine the rules that affect the openness of state legislative meetings; declaring that all provisions of the constitution, statutes, and common law of this state are declared null and void to the extent they are inconsistent or in conflict with any provision of this Amendment; declaring that this Amendment’s provisions are severable; and stating that this Amendment is effective November 6, 2024.