Constitutional amendment proposals filed for partisan judges, jungle primaries

There are now 28 proposed constitutional amendments that have been filed by senators and representatives in the 95th Arkansas General Assembly. Lawmakers will have the option to refer up to three proposals to voters for consideration in the 2026 general election.

The process for winnowing down three or fewer proposals will take place later in the regular session underway at the state Capitol.

Several of the new resolutions would impact how elections are conducted in Arkansas, one affects gun rights, and another would alter economic development options.

SJR 12 by Sen. Clarke Tucker, D-Little Rock, would create what are known as “jungle primaries.” Under this process, all candidates for a political office would be listed on a primary ballot, and the top two vote-getters would advance to the general election. This would allow for two Republicans or two Democrats to potentially square off against one another in a general election.

“The two candidates receiving the greatest number of votes cast for each office at the primary election, special primary election, or election for nonpartisan office shall advance to the general election or special election, regardless of each candidate’s political party affiliation, if any,” the measure reads.

The offices that could be affected include: federal Congressional offices, state office (including constitutional and legislative offices), county office, or nonpartisan judicial or prosecuting attorney offices. It would not apply to municipal or local offices.

SJR 13 by Sen. Jim Dotson, R-Bentonville, and Rep. Robin Lundstrum, R-Elm Springs, would return partisan judges to Arkansas, but on an opt-in basis. Before Amendment 80 was approved by voters in the year 2000, judicial elections in Arkansas were partisan. Amendment 80 made those offices nonpartisan.

SJR 13 would allow a judicial candidate to declare his or her party affiliation or independent status.

“A candidate for Circuit Judge or District Judge may elect to have his or her political party affiliation identified on the ballot or be identified on the ballot as an independent candidate,” it reads. The provision also applies to candidates for Supreme Court Justice or a Court of Appeals Judge.

SJR 11, which is led by Sen. John Payton, R-Wilbourn, and has six Republican co-sponsors, alters the Arkansas Constitution to protect the right to keep and bear arms. The proposal adds language to provide more freedoms for gun rights, such as hunting and recreational use, and it specifies restrictions that cannot be imposed, such as limiting ownership of ammunition and accessories.

“Any restriction on the right to keep and bear arms under subsection (a) of this section shall be upheld only if the restriction is narrowly tailored to serve a compelling state interest,” it reads.

Another recent filing of a proposed constitutional amendment is SJR 15 by Sen. Jonathan Dismang, R-Searcy, and Rep. Howard Beaty Jr., R-Crossett.

Its ballot name is “a constitutional amendment concerning economic development in the state of Arkansas; and authorizing the General Assembly to provide for the creation of economic development districts to promote economic development.”

The amendment would create “economic development district projects,” which could issue bonds for the purpose of financing projects within those districts. The bonds could “be secured by and be payable from all or a portion of any funds received by or allocated to the economic development district.”

Those economic development districts could be in designated areas within a city, county, or “cooperative area established under authority granted by the General Assembly to promote economic development within the designated area,” such as a specially-formed district.

The proposal aims to boost economic development options related to manufacturing, production, and industrial facilities; research, technology, and development facilities; recycling facilities; distribution centers; call centers; warehouse facilities; job training facilities; regional or national corporate headquarters; and sports complexes “designed to host local, state, regional, and national competitions, including without limitation baseball, softball, and other sports tournaments.”