Attorney general rejects latest ballot proposal to change Arkansas initiative process
LITTLE ROCK, Ark. – A group trying to change the way ballot proposals go in front of Arkansas voters had its efforts rejected Tuesday.
Attorney General Tim Griffin rejected the ballot proposal under its popular name An Amendment to Amend the Initiative and Referendum Process in Arkansas. In its rejection, the attorney general’s office found issues with the proposal’s language.
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Leading to the rejection were issues found with the ballot title process, along with the proposed changes to the attorney general’s role in accepting or rejecting proposals. The ballot title as submitted had ambiguity in who can bring a court challenge against a proposal including if a third party can sue, the attorney general’s opinion stated.
The opinion continued to point out further ambiguity in the court challenge section as to the scope of what the Supreme Court can review when a court challenge is made.
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A second issue cited in the rejection was the proposed changes to the attorney general’s role in accepting or rejecting an issue. The finding by the AG’s office said wording in the measure could create a situation where the attorney general would not be able to act.
The problem, according to the decision, was a requirement for the attorney general to accept a proposal or reject it with details on how exactly the proposal’s popular name and ballot title should read in order to be accepted.
Currently the attorney general, by law, is not allowed to modify the text of the proposed amendment in a proposal. The rejection stated that because of that, if a submission has a valid popular name and ballot title but the text of the proposed amendment is flawed, the attorney general could not return the ballot title to the sponsor, essentially freezing the process.
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The League of Women Voters of Arkansas had submitted the proposal to Griffin’s office. Group president Bonnie Miller said the group was currently reviewing the rejection “before we determine our next steps.”
The rejection was prepared by Assistant Attorney General Kelly Summerside over Griffin’s signature.
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