Laws governing the initiative process in Arkansas

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Citizens of Arkansas may initiate legislation as either a state statute or a constitutional amendment. In Arkansas, citizens also have the power to repeal legislation via veto referendum. The Arkansas State Legislature may also place measures on the ballot as legislatively referred constitutional amendments or legislatively referred state statutes.

Crafting an initiative

Of the 24 states that allow citizens to initiate legislation through the petition process, several states have adopted restrictions and regulations that limit the allowable scope and content of initiated proposals. These regulations may include laws that mandate that initiatives address only one topic, restrict the range of acceptable topics for proposed laws, prohibit unfunded mandates and establish guidelines for adjudicating contradictory measures.

Single-subject rule

See also: Single-subject rule

In Arkansas, statewide initiatives are not governed by a single-subject rule. Local measures, however, must address "only a single comprehensive topic."

See law: Arkansas Constitution, Article 5, Section 1 and Arkansas Code, Title 14, Subtitle 2, Ch. 14-915

Subject restrictions

See also: Subject restrictions (ballot measures)

Initiated measures and amendments are not governed by subject restrictions in Arkansas. In addition, they are not required to specify a funding source for mandated expenditures.

See law: Arkansas Constitution, Article 5, Section 1 and Arkansas Code, Title 7, Ch. 9-503

Veto referendums on emergency legislation

In Arkansas, veto referendums can be used on emergency legislation. The targeted emergency bill remains law unless rejected by voters at the election. Successful veto referendum petitions on non-emergency legislation suspend the targeted law from going into effect until the election. Signatures for veto referendums in Arkansas are due 90 days after the legislative session during which the bill was passed adjourns.

See law: Arkansas Constitution, Article 5, Section 1

Competing initiatives

See also: Superseding initiative; "Poison pills"; List of Arkansas ballot measures

The Arkansas Constitution provides that in the event that two measures conflict, the measure with the most "yes" votes will become law.

See law: Arkansas Constitution, Article 5, Section 1

Starting a petition

Each initiative and referendum state employs a different procedure for filing petition applications. Some states require preliminary signatures while others do not. In addition, several states review each proposed statute, verifying that the law conforms to the style and conventions of state law and recommending alterations to initiative proponents. Some of these states also review the law for more substantive considerations of content and consistency. Also, many states conduct a review of the ballot title and summary, and several states employ a fiscal review process which analyzes proposed laws to determine their impact on state finances.

Applying to petition

See also: Approved for circulation

Prior to collecting signatures, initiative proponents must submit a draft of the bill, a proposed ballot title, and a proposed popular name to the attorney general. Within 10 business days, the attorney general must approve and certify the popular name and ballot title; substitute and certify a more suitable or correct popular name and ballot title; or reject the proposed popular name and ballot title with reasoning and instructions for proponents to redesign the ballot language in a manner that is not misleading.

See law: Arkansas Code, Title 7, Ch. 9-107

Proposal review/approval

See also: Approved for circulation

In making the determination of whether to approve the petition or not, the attorney general is required to consider if the ballot title and popular name "is presented in a manner that is not misleading and not designed in such manner that a vote 'FOR' the issue would be a vote against the matter or viewpoint that the voter believes himself or herself casting a vote for, or, conversely, that a vote 'AGAINST' an issue would be a vote for a viewpoint that the voter is against."

The initiative sponsor or any registered voter is allowed to challenge the determination of the attorney general in the Arkansas Supreme Court.

Prior to 2019, the attorney general was tasked with certifying a petition and the measure's ballot title and popular name before the petition was circulated for signature gathering. Prior state statute contained similar provisions concerning the criteria the attorney general was supposed to consider.

See law: Arkansas Code, Title 7, Ch. 9-501 through 9-506

Fiscal review

See also: Fiscal impact statement

Arkansas does not require a fiscal analysis for ballot measures.

See law: Arkansas Code, Title 7, Ch. 9-107 and Arkansas Code, Title 7, Ch. 9-501 through 9-506

Collecting signatures

Each initiative and referendum state employs a unique method of calculating the state's signature requirements. Some states mandate a certain fraction of registered voters while others base their calculation on those who actually voted in a preceding election. In addition, many states employ a distribution requirement, dictating where in the state these signatures must be collected. Beyond these overarching requirements, many states regulate the manner in which signatures may be collected and the timeline for collecting them.

Suspected forgery

A 2013 bill established that notice must be given to the state police or to county prosecuting attorneys of suspected forgery of signatures on petitions.

Petition sufficiency

A 2013 bill requires that sponsors of statewide petitions must assume the burden of defending the sufficiency of popular names and ballot titles in judicial proceedings.

Number required

See also: Arkansas signature requirements

Signature requirements in Arkansas differ between statutory initiatives, constitutional amendments and veto referendums. For an initiated constitutional amendment, signatures equal to at least 10 percent of the total number of votes cast for the office of governor in the last gubernatorial election are required. For an initiated state statute, signatures equal to at least 8 percent of this total are required. For veto referendums, signatures equal to at least 6 percent of this total are required.

The chart below shows election years and the signature requirement for initiatives designed to appear on the ballot in that year, with gubernatorial election years bolded.

Year	Amendment	Statute	Veto referendum
2024	90,704	72,563	54,422
2022	89,151	71,321	53,491
2020	89,151	71,321	53,491
2018	84,859	67,887	50,916
2016	84,859	67,887	50,916
2014	78,133	62,507	46,880
2012	78,133	62,507	46,880
2010	77,468	61,974	46,481
2008	77,468	61,974	46,481

See law: Arkansas Constitution, Article 5, Section 1

Distribution requirements

See also: Distribution requirement

Proponents must collect signatures equaling at least half of the designated percentage of gubernatorial votes in at least 50 of the state's 75 counties. (1/2 of 10 percent = 5 percent for an amendment; 1/2 of 8 percent = 4 percent for a statute). For example, if 1,000 people voted for governor in a county and the petition is for a constitutional amendment, the signatures of 50 qualified electors would be required. The distribution requirement was created by Arkansas Amendment 7 in 1920.

See law: Arkansas Constitution, Article 5, Section 1

Restrictions on circulators

Circulator requirements

See also: Petition circulator and Changes in 2019

In Arkansas, a circulator must be at least 18 years old and must register with the secretary of state before circulating a petition. Each petition contains a mandatory circulator affidavit. A circulator is required to sign the affidavit in the presence of a notary public. Additionally, he/she must swear to and sign a statement, under the penalty of law, that he/she personally witnessed every act of signing the petition. A paid circulator must submit other information to the sponsors of a petition effort, such their name, their address, a statement that the circulator has read and understood the state's laws on initiative and referendum petitions and the state's most recent initiative and referendum handbook, and a statement that the circulator has not been found guilty of a "criminal felony offense or a violation of the election laws, fraud, forgery, or identification theft in any state of the United States, the District of Columbia, Puerto Rico, Guam, or any other United States protectorate" or of assault, battery, intimidation, threatening, sexual offenses, trespassing, vandalism, or theft. This information must be kept by the initiative sponsor for at least three years.

Moreover, before a paid circulator collects signatures on a petition, the sponsor of the petition must submit to the secretary of state the required sworn statement that the circulator has not been found guilty of any of the disqualifying crimes. Prior to 2019, that sworn statement had to be submitted to the sponsor before signature gathering, but not necessarily to the secretary of state prior to signature gathering. State law also puts the burden of proof with regard to circulator disqualifying crimes on petition sponsors.

There is no state statute that states a circulator cannot sign the petition he/she is circulating. Per the state code, when submitting signatures, "A person filing initiative or referendum petitions with the secretary of state shall bundle the petitions by county and shall file an affidavit stating the number of petitions and the total number of signatures being filed." The petition must state whether or not the circulator is being paid or is a volunteer. A report of all paid canvassers, officers, etc. must be filed.

See law: Arkansas Code, Title 7, Ch. 9-108, Act 1413 and Arkansas SB 822

Pay-per-signature

See also: Pay-per-signature

Arkansas bans paying signature gatherers based on the number of signatures gathered. The Arkansas Legislature passed Senate Bill 614 in 2021 banning pay-per-signature. SB 614 was challenged in court.

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See law: Arkansas Constitution, Article 5, Section 1

Out-of-state circulators

See also: Residency requirements for petition circulators

Arkansas law requires circulators to reside in the state and to be citizens. The residency requirement was passed in Senate Bill 614 in 2021.

See law: Arkansas Code, Title 7, Ch. 9-108

Badge requirements

See also: Badge requirements

Arkansas does not require paid circulators to be identified by a badge or on the petition form.

See law: Arkansas Code, Title 7, Ch. 9-108

Electronic signatures

See also: Electronic petition signatures

Since electronic signatures are an emerging technology, the constitutionality of bans on e-signatures and the legality of e-signatures in states without bans is largely untested. Arkansas law does mandate that signatures be collected in person.

See law: Arkansas Code, Title 7, Ch. 9-108

Deadlines for collection

See also: Petition drive deadlines; Initiative petition circulation periods

In Arkansas, petitioners have an unlimited window in which to collect signatures. Signatures for initiated statutes and amendments must be filed four months before the election in which the measure is to appear on the ballot. Signatures for veto referendums must be submitted 90 days after the final adjournment of the legislative session during which the targeted bill was passed.

If enough submitted signatures are verified to put the petition at or above 75 percent of the required signatures, petitioners have an extra 30 days to collect supplementary signatures or prove invalidated signatures were actually valid.

See law: Arkansas Constitution, Article 5, Section 1

Paid petition blocking

See also: Petition blocking

In 2023, Arkansas Senate Bill 377 was enacted, which made certain petition-blocking efforts (efforts to prevent a citizen-initiated ballot measure from collecting signatures to qualify an initiative for the ballot) a class A misdemeanor. The law required paid petition blockers or petition-blocking sponsors, defined as persons or entities that get paid or that pay people to interfere with a canvasser's attempt to solicit or obtain a signature, to register with the state, and to undergo criminal history checks.

See law: SB 377 (2023)

Getting on the ballot

Once signatures have been collected, state officials must verify that requirements are met and that fraudulent signatures are excluded. States generally employ a random sample process or a full verification of signatures. After verification, the issue must be prepared for the ballot. This often involves preparing a fiscal review and ballot summary.

Signature verification

See also: Signature certification

Upon the initial filing of an initiative or referendum petition, the official charged with confirming the signatures is required to:

• Perform an initial count of the signatures
• Confirm, prior to the verification of the signatures, that the ballot has collected enough signatures as required by the state

The official charged with counting and verifying the signatures will not do either if the petition is found to have a problem or violates petition gathering laws.

Within 30 days of receiving petition signatures, the Arkansas secretary of statemust declare whether enough valid signatures were submitted. Prior to counting, the secretary of state removes any individual petitions that are formally deficient. If any individual petition appears, beyond a reasonable doubt, to contain 20 percent or more dubious signatures, initiative sponsors are then responsible for proving which of the signatures are valid. If the petition fails to meet the signature requirement, but the petition has at least 75 percent of the valid signatures needed per 2014 Issue 2, petitioners have 30 days to collect additional signatures or demonstrate that rejected signatures are valid.

See law: Arkansas Code, Title 7, Ch. 9-107 and Arkansas SB 821

Ballot title and summary

See also: Ballot title

After petition certification, the Arkansas secretary of state drafts an abstract of each measure. These abstracts must be conspicuously posted at polling places. Only the ballot title and name, as chosen prior to circulation, appear on the ballot.

See law: Arkansas Code, Title 7, Ch. 9-114

The election and beyond

Ballot measures face additional challenges beyond qualifying for the ballot and receiving a majority of the vote. Several states require ballot measures to get more than a simple majority. While some states mandate a three-fifths supermajority, other states set the margin differently. In addition, ballot measures may face legal challenges or modifications by legislators. If a ballot measure does fail, some states limit how soon that initiative can be re-attempted.

Supermajority requirements

See also: Supermajority requirements

Arkansas does not require a supermajority for passage of an initiated statute, initiated amendment or veto referendum.

See law: Arkansas Constitution, Article 5, Section 1

Effective date

Unless specified by the measure itself, initiatives take effect 30 days after the election in which they are approved.

See law: Arkansas Constitution, Article 5, Section 1

Litigation

See also: Ballot measure lawsuit news

Any challenge to the determinations of the secretary of state regarding the sufficiency of a petition, is under the "original and exclusive jurisdiction" of the Arkansas Supreme Court.

See law: Arkansas Constitution, Article 5, Section 1

Legislative alteration

See also: Legislative alteration

The Arkansas State Legislature may not repeal or amend a successful initiative or referendum, except by a two-thirds supermajority vote.

See law: Arkansas Constitution, Article 5, Section 1

Re-attempting an initiative

Arkansas does not limit how soon an initiative can be re-attempted.

See law: Arkansas Constitution, Article 5, Section 1

Funding an initiative campaign

See also: Campaign finance requirements for Arkansas ballot measures

The Ethics Commission has primary enforcement over the state's campaign finance laws. If someone wants to file a complaint alleging a violation of Arkansas Campaign Finance Law, the complaint must be directed to the Arkansas Ethics Commission. It is up to the Commission to determine if any policies are violated and to remedy any action.

State initiative law

Article X of the Arkansas Constitution provides authority for the initiative and referendum process.

• Arkansas Constitution, Article 5, Section 1

Title 7 of the Arkansas Code governs the initiative and referendum process.

• Arkansas Code, Title 7

External links

• Arkansas Secretary of State, "Home"

Changes in the law

The following laws have been proposed that modify ballot measure law in Arkansas. If a box is empty for any given year, it means Ballotpedia did not track any ballot measure or recall-related laws in that year.

Proposed changes by year

2022

See also: Changes in 2022 to laws governing ballot measures

2021

See also: Changes in 2021 to laws governing ballot measures

House Joint Resolution 1005 (Issue 2): Voters rejected the constitutional amendment at the election on November 8, 2022. HJR 1005 would have required a 60% vote from voters to adopt constitutional amendments and citizen-initiated state statutes. Senate Bill 614: The legislation enacted several changes to signature gathering requirements. SB 614 banned paying circulators based on the number of signatures gathered and required circulators to be state residents and citizens. The legislation also expanded the criteria for disqualifying individuals from serving as signature gatherers to include certain criminal offenses, such as sexual offenses, trespassing, vandalism, and theft. Safe Surgery Arkansas et al. v. Thurston & Rutledge See also: Arkansas Supreme Court, Safe Surgery Arkansas et al. v. Thurston & Rutledge, March 11, 2021 On March 11, 2021, the Arkansas Supreme Court ruled that the state could not enforce Act 1219 of 2015, which required a background check for paid signature gatherers. According to the Arkansas State Police, a federal background check cannot be obtained on a paid signature gatherer. The Supreme Court upheld a lower court's finding that this made receiving a background check an impossible task and thus violated state constitutional rights to use the initiative and referendum. The Supreme Court also struck down the state background check provisions, deciding that the law was not severable.

2020

See also: Changes in 2020 to laws governing ballot measures

2019

See also: Changes in 2019 to laws governing ballot measures

House Joint Resolution 1008 (Issue 3): Voters rejected the constitutional amendment on November 3, 2020. The constitutional amendment would have changed the following: increased the signature distribution requirement for initiatives from requiring a certain number of signatures from 15 counties to a certain number of signatures from 45 counties; changed the signature submission deadline from four months before the general election to January 15 of the election year; eliminated the cure period for initiative signature submissions; required legal challenges to ballot measure to be filed no later than April 15 of the election year; and required a three-fifths vote, instead of a simple majority, of the Legislature to refer a proposed constitutional amendment to voters. Senate Bill 346: The legislation transferred the power to approve a filed initiative, including the initiative's ballot title and popular name, from the attorney general to the Arkansas Board of Election Commissioners. SB 346 also changed the timeline for certifying a ballot title and popular name until after the required number of signatures have been submitted.

2018

See also: Changes in 2018 to laws governing ballot measures

2017

See also: Changes in 2017 to laws governing ballot measures

See also: Laws governing ballot measures in Arkansas a Arkansas House Bill 1440 was designed to require initiative and referendum sponsors to file a list of paid circulators, their addresses, and their signature cards to the secretary of state upon filing their petition. d Arkansas House Joint Resolution 1003 was designed to amend the state constitution to do the following: require a 60 percent supermajority in a statewide election to approve constitutional amendments, including both legislatively referred constitutional amendments and initiated constitutional amendments; require a two-thirds supermajority vote in both chambers for the legislature to refer constitutional amendments to the voters—instead of the simple majority required going into 2017; make the state's distribution requirement more strict by requiring half of the required percentage of signatures in each of 25 counties instead of the 15 required going into 2017; require initiative signature petitions to be submitted 180 days before the election instead of four months before the election as required going into 2017; restrict legislative votes on legislatively referred constitutional amendments to odd-numbered years in any regular session; make other changes to the laws governing ballot measures in Arkansas, including rules about deadlines for legal challenges and a ban on amendments that grant rights or privileges to specific individuals or corporations. d Arkansas Senate Joint Resolution 10 was designed to require three-fifths (60 percent) supermajority voter approval for constitutional amendments. This proposal would have required voter approval had it passed in the legislature. d Arkansas House Joint Resolution 1013 was designed to amend the state constitution to do the following: change the deadline for submitting initiative signatures from four months before the election to 180 days before the election; require legal challenges to ballot titles to be filed within 60 days after the initiative petition is initially filed; require legal challenges to the sufficiency of signature petitions to be made within 60 days after the signatures are submitted; make non-substantive changes to election law. Constitutional amendments require voter approval to be enacted. d Arkansas House Joint Resolution 1004 was designed to amend the state constitution to do the following: change the deadline for submitting initiative signatures from four months before the election to 150 days before the election; require legal challenges to ballot titles to be filed within 30 days after the initiative petition is initially filed; require legal challenges to the sufficiency of signature petitions to be made within 30 days after the signatures are submitted; require courts to decide the sufficiency of a petition before ballots are printed for the election—rather than simply before the election is held—in order to prevent a vote on the measure or invalidate the measure, provided it is approved by voters. Constitutional amendments require voter approval to be enacted. d Arkansas House Bill 1861 was designed to repeal the requirement that the attorney general consider and approve the ballot title and summary for an initiative before the initiative petition is circulated. d Arkansas House Bill 1931 was designed to remove the duty of the attorney general to amend and replace any objectionable ballot title and summary for an initiative, requiring the attorney general, instead, to simply reject the submitted title and summary and provide an explanation. The sponsors of the initiative would have been responsible for changing the ballot title until the attorney general approved it as accurate and clear. d Arkansas House Bill 2074 would have done the following: define "canvassing company" as any company that provided paid signature gatherers for a petition drive; prevent any incomplete signature on a petition from being struck from the petition simply for being incomplete; require canvassing companies to file a statement of organization with the state if they receive or expend more than $500 for the purpose of qualifying or advocating for or against a ballot measure; require canvassing companies to put up a bond of $100,000 for the sake of covering costs related to lawsuits against signatures; require canvassing companies to perform background checks on all owners and employees; require challenges to ballot titles to be made within 30 days of the approval of the ballot title by the attorney general; prevent the disqualification of signatures because of clerical errors made by petitioners/canvassers; and require the submission of mandated information about paid canvassers to be submitted when signatures are submitted, at the latest, where previously the information had to be submitted to the state prior to the dates on any signatures collected by the canvasser.

2016

See also: Changes in 2016 to laws governing ballot measures

2015

See also: Changes in 2015 to laws governing ballot measures

See also: Laws governing ballot measures in Arkansas a House Bill 1688: Was designed "To Amend The Law Concerning Municipal Initiative And Referendum Petitions; And To Extend The Time For Circulation Of Municipal Initiative And Referendum Petitions." a Arkansas Senate Bill 202: A law dictating that any "county, municipality, or other political subdivision of the state shall not adopt or enforce an ordinance, resolution, rule, or policy that creates a protected classification or prohibits discrimination on a basis not contained in state law."

2014

See also: Changes in 2014 to laws governing ballot measures

2013

Arkansas Senate Bill 821, concerning widespread regulations and changes to initiative and referendum law, was approved.

The following bills were introduced in the Arkansas General Assembly: a HB 1187: Declares that it is unlawful for a public servant or a governmental body to expend or permit the expenditure of public funds to support or oppose a ballot measure. d HJR 1010: Amends the constitutional requirements for amending the Arkansas Constitution. a SB 1118: Creates a new section defining what is considered petition fraud. a SB 426: Requires reporting of expenditures made on behalf of a ballot measure committee by an advertising agency, public relations firm or political consultant. aot SB 821: Makes sweeping changes the initiative and referendum process. a SB 822: Requires all ballot question committees to file a final financial report regardless of whether a ballot question committee, individual, public servant, or governmental body received contributions or made expenditures in excess of $500. d SB 898: Amends the procedures and requirements concerning petitions for initiatives and referendums. d SJR 15: Proposes an amendment to the Arkansas constitution concerning the powers of initiative and referendum. (bill text not specific) a SJR 16: Require ballot issue groups to collect at least 75% of the valid signatures required in order to receive additional time to gather extra signatures once the petition has been turned in to the secretary of state. This measure is on the ballot as the Arkansas Ballot Measure Signature Requirements Amendment.

2012

See also: Changes in 2012 to laws governing ballot measures

2011

See also: Changes in 2011 to laws governing ballot measures

The following bills were introduced in the Arkansas State Legislature: d Arkansas House Bill 2209: HB 2209 proposes prohibiting the use of public funds to support or oppose ballot measures. The bill would exempt elected officials from this restriction.

2010

See also: Changes in 2010 to laws governing ballot measures

No proposed changes were identified in 2010.