Federal judge again strikes down parts of Arkansas’ initiative, referendum rules

U.S. District Judge Timothy Brooks has again handed a victory to several groups challenging new Arkansas laws that change the petition-gathering process for citizen initiatives, with most of the changes through new state laws making it more difficult for citizen-led groups to achieve ballot access.

In his 60-page ruling posted Tuesday (June 30), Brooks granted summary judgment in favor of the plaintiffs, including the League of Women Voters and Save AR Democracy, on several constitutional claims and struck down parts of state laws that require publication costs, a new identification verification process, and other rules that “make it harder for Arkansans to propose laws through the ballot initiative process,” according to the Arkansas Civil Liberties Union.

Brooks in November 2025 issued a preliminary injunction to halt enforcement of several new Arkansas laws that impact the petition gathering process for citizen initiatives. The laws then being challenged include Acts 218, 240, 241, 274, 453 and 602 among others. They touch on aspects of the law concerning the collection of ballot signatures for citizen initiatives, the process for groups seeking signatures, and the state’s role in regulating efforts.

The recent summary judgment by Brooks ruled that the following aspects of new state laws related to ballot initiatives were unconstitutional:
• Rules that required canvassers to read the ballot title out loud or have petition signers read the ballot title before signing;
• Rules that required canvassers to recite a government-scripted message that petition fraud is a crime;
• Rules that required canvassers verify voters’ identification before they could sign petitions;
• Rules that required canvassers publicly disclose paid canvassers’ personal information prior to signature gathering;
• Rules that required canvassers submit additional post-circulation affidavits;
• Rules that required canvassers pause signature collection during the petition process; and,
• Rules that required canvassers reimburse the state for publication costs.

“The burden imposed by the ID requirement is also severe,” Brooks noted. “The evidence before the Court demonstrates that the ID requirement goes beyond mere inconvenience. Plaintiffs and Intervenor-Plaintiffs have presented evidence that the ID requirement ‘force[s] [canvassers] into a policing role’ where they must ‘turn people away from exercising a right.’

Brooks’ order also said demanding canvassers pay state publication costs is not reasonable.

“Penalizing petition sponsors on the basis of ability to pay publication costs without providing any alternative means for complying with the law is likewise not a reasonable and nondiscriminatory method of furthering the State’s important regulatory interests,” Brooks wrote.

John Williams, legal director of the ACLU of Arkansas, said the ruling protects political speech in the ballot process.

“This ruling reaffirms a simple but essential principle: the First Amendment protects the right of Arkansans to organize, advocate, and engage in the political process without unnecessary government interference,” Williams said in a statement. “The court recognized that the state cannot burden core political speech with unnecessary restrictions that chill participation and make it harder for people to exercise their constitutional right to bring issues directly to the voters.”

Several challenges remain with the new state laws related to initiatives and referendums. The challenges include residency requirements for canvassers, and alleged vagueness of the state’s ID and reading requirements. The remaining challenges are set for a July 29 trial in the U.S. District Court for the Western District of Arkansas.

“We will continue our vigorous defense of the State at trial later this month,” said Jeff LeMaster, spokesman for the office of Arkansas Attorney General Tim Griffin.