AG Griffin approves ballot title for citizens’ initiative process amendment proposal

Arkansas Attorney General Tim Griffin approved Wednesday (May 21) the popular name and ballot title for a proposed constitutional amendment to alter the citizens’ initiative process.

The measure, submitted by the League of Women Voters and Save AR Democracy, offers changes to the citizens’ initiative process for amemdments, initiated acts and referendums. In the last legislative session, the Republican-controlled Arkansas legislature approved several controversial laws that altered the petition gathering process for citizen-led proposals.

Griffin had rejected three previous versions of the ballot title and popular name before accepting the fourth, most recent one. He approved:

“An Amendment Concerning Constitutional Amendments, Initiated Acts, and Referendums”

This is a proposed change to the Arkansas Constitution. The General Assembly cannot change or repeal a constitutional amendment that voters have approved. Before a statewide petition can be circulated, the proposed law and ballot title must be sent to the Attorney General. Within 10 days, the Attorney General approves the ballot title, rewrites it, or rejects it. The Attorney General approves the ballot title if it clearly explains the issues. If it does not, the Attorney General rewrites it. If no substituted language can explain the issues clearly, the Attorney General rejects the title. If the Attorney General rewrites or rejects the title, that decision can be appealed to the Arkansas Supreme Court immediately. The Court shall hear and decide the case quickly.

Once a ballot title is approved, the Attorney General sends it to the Secretary of State. Within 5 days, the Secretary of State gives the petition a popular name. The name cannot be misleading or partisan. The Secretary of State must also publish a notice that explains how the name or title can be challenged. Any challenge must be made within 45 days. After that, no other challenges are allowed.

For statewide referendums, the ballot title is the title of the Act given by the General Assembly. The popular name is the subtitle. Canvassers must declare that to the best of their knowledge each signature was made by a legal voter who signed in front of them. Previously, canvassers signed an affidavit. This changes the affidavit to a declaration under penalty of perjury. If a bill has an emergency clause, the vote on that clause must be held at least 24 hours after the bill passes.

Only the people can propose a change to Article 5, Section 1 of the Constitution. The General Assembly cannot refer an amendment to that section to the people for a vote. If a law affects the people’s right to the initiative or referendum process, the law only takes effect if voters approve it at the next general election. Laws that regulate these rights must serve a compelling state interest. They must be narrowly tailored to serve that interest. This measure repeals all inconsistent state laws. If part of the amendment is held invalid, the rest will still be valid if it can stand on its own.

Read the AG’s full opinion here.

A statement released Wednesday by the League of Women Voters and Save AR Democracy said it was pleased with the AG’s final approval.

“This victory belongs to every Arkansan who believes in the power of the people to shape their own government,” said Bonnie Miller, president of the League of Women Voters. “Despite the challenges, we refused to give up because the right to direct democracy is worth fighting for.”

The two advocacy groups said the proposed amendment aims to restore Arkansans’ constitutional right to direct democracy by preventing legislative interference, streamlining legal reviews, and simplifying the citizen-led petition process while ensuring that the fundamental rights of the amendment are subject to strict scrutiny by the courts in order to be valid.

They also said the reforms are essential to making certain Arkansans can continue to bring issues directly to the ballot without unnecessary obstacles.

“This is about protecting the voice of the people,” Miller said. “It should be the voters, not politicians, who have the final say in how Arkansas is governed.”

With AG approval, the groups can begin collecting signatures to qualify the measure for the 2026 general election ballot.

By state law, the group will need to gather 90,704 signatures, amounting to 10% of the total number of votes cast for governor in the last election.