Attorney General Opinions
The Attorney General is responsible for reviewing the language and titles of potential ballot issues submitted to voters by the public. Ballot issue groups can circulate petitions only after the Attorney General verifies that the ballot title and popular name honestly, intelligibly and fairly describe the purpose of a proposed constitutional amendment or act. The following are recent Attorney General opinions regarding potential ballot issues:
Ballot proposals rejected
Feb. 6, 2018 - An Amendment to Authorize the General Assembly to Waive The State's
- A proposal seeking to allow legislators to waive the state's immunity to lawsuits was rejected because the popular title did not sufficiently describe the proposal, according to Opinion No. 2018-006. Alex Gray of Little Rock, legal counsel for Committee to Restore Arkansans' Rights, submitted the measure.
Jan. 31, 2018 - The Arkansas Recreational Marijuana Amendment of 2018 -
A proposal seeking to legalize the cultivation, production, distribution, sale, possession and use of marijuana and products for recreational purposes was rejected because the text does not address "fundamental shortcomings" mentioned in previous rejections, according to Opinion No. 2018-005.
"Especially given this history of submissions, responses, and re-submissions, it is impossible to fairly summarize in a ballot title the recreational-marijuana amendment that you have proposed," the Attorney General wrote in the latest opinion.
This is the ninth time this proposal has been rejected. See Opinion No. 2017-135 (Jan. 2, 2018), Opinion No. 2017-127 (Dec. 14, 2017), Opinion No. 2017-117 (Nov. 8, 2017), Opinion No. 2017-103 (Oct. 6, 2017), Opinion No. 2017-097 (Sept. 22, 2017), Opinion No. 2017-093 (Sept. 6, 2017), Opinion No. 2017-084 (Aug. 4, 2017) and Opinion No. 2017-091 (Aug. 21, 2017). Mary L. Berry of Summit submitted the measure.
Ballot proposals approved for signature gathering
Oct. 28, 2016 - Arkansas Term Limits Amendment -
A proposal to reduce the number of years a state senator or representative can serve in office was certified for signature gathering, according to
Opinion No. 2016-105
. The proposal would institute six-year terms for representatives and eight-year terms for senators, with a maximum of 10 years total. The proposal would return Arkansas' term limits to what they were before a voter-approved change in 2014 that extended terms.
Thomas Steele of Little Rock submitted the measure.