League of Women Voters seek to ‘reform’ ballot initiative process

The League of Women Voters of Arkansas (LWV) has submitted a proposed constitutional amendment it says is designed to counter recent legislative efforts that “weaken and dismantle” the ability of citizens to place amendments on the ballot.

According to a LWV press release issued Tuesday (March 11), the amendment and ballot title presented to Arkansas Attorney General Tim Griffin “aims to reform the state’s ballot initiative process and address concerns over transparency and accessibility.”

The LWV action follows attempts by the Arkansas Legislature to add more requirements to citizen initiatives. One of those was SB 211, filed by Rep. Kendon Underwood, R-Cave Springs, which requires a signature canvasser to file an affidavit with the Arkansas Secretary or State “certifying that the canvasser has complied with the Arkansas Constitution and all Arkansas law regarding canvassing, perjury, forgery, and fraudulent practices in the procurement of petition signatures during the current election cycle.”

Despite objections that the bill was unfair to registered voters who lawfully signed ballot petitions, the bill was approved in the House and Senate, and is now law under Act 241.

SB 208, also sponsored by Rep. Underwood, requires a signature canvasser to see a valid photo identification before allowing a registered voter to sign a ballot petition. Those speaking against the bill said it was designed to make it more difficult for citizen groups to collect signatures. That bill also was passed in the House and Senate and is now law under Act 240.

The LWV argues in its push for the proposed amendment that “extended delays in ballot title approvals, last-minute legal challenges and legislative amendments to voter-approved measures have raised concerns about fairness and accountability in the initiative process.”

Following are key parts of the proposed amendment, according to the LWV.
• Prohibits the Arkansas Legislature from amending a voter-approved constitutional amendment with a two-thirds vote.

• Requires the attorney general’s office to approve or, if necessary, modify the language of ballot titles. Once approved, challenges must be filed within 45 days before the Arkansas Supreme Court, preventing legal disputes after signature collection.

• Ensures the names and titles of referendums align with those assigned by the Arkansas Legislature to the laws they seek to repeal.

• Requires separate votes on legislation and emergency clauses, with at least 24 hours between them, to improve transparency.

• Prohibits the Arkansas Legislature from amending or repealing constitutional amendments approved by voters.

• Allows canvassers to submit signatures under penalty of perjury, eliminating the need for notarization and streamlining the process.

“We believe filing this amendment is prudent because politicians have continually attacked Arkansans’ constitutional right to petition our government. Attempts to weaken and dismantle the first power reserved by the people are an existential threat to democracy in Arkansas. Power belongs in the hands of voters, not politicians and lobbyists,” said Bonnie Miller, president of the League of Women Voters of Arkansas.

According to the LWV, Griffin has 10 days to review the amendment and ballot title. If, or when, the amendment and title are approved, the LWV will need to collect 90,704 valid signatures to qualify the measure for the November 2026 ballot.