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Arkansas legislators now have the authority to amend or repeal citizen-initiated constitutional amendments without asking voters for their approval. A November Arkansas Supreme Court opinion means ballot issues such as the 2024 amendment to expand the lottery scholarship program could have been enacted without a statewide election.
Arkansas voters have approved 37 citizen-initiated constitutional amendments since creating the state's direct democracy process in 1910, according to historical sources. For example, a citizen initiative granted greater policing authority and independent oversight to the Arkansas Game and Fish Commission and led to some independence for other boards and commissions under Amendment 33.
See our table below to scroll through those 37 initiatives.
A lawsuit involving rules for the Arkansas Game and Fish Commission resulted in a 1951 Arkansas Supreme Court opinion that state officials have followed for the past 74 years. The Court opinion at that time said it was "inconceivable" that Arkansans in 1920 meant to give legislators the ability to repeal or change constitutional amendments in the very amendment that allowed them to refer measures to voters.
"These amendments are spoken of as 'measures,' hence if the definition in Amendment and Repeal is applied throughout, then any and all of the more than forty amendments to the constitution can be repealed by the required vote of the legislature," the 1951 opinion states.
"The clear intent of the Initiative and Referendum Amendment was to give the people enlarged legislative and constitutional powers. Certainly if the purpose had been to take away fundamental security then enjoyed or to be acquired under the Amendment, the right of two-thirds of those elected to the General Assembly to treat amendments as though they had been referred to it would have been expressed in more emphatic terms," the court opinion states.
Arkansas Supreme Court justices of 2025 disagree.
"It is perfectly conceivable that the authors of said provision provided yet another opportunity for further diffusion of power that is emblematic of our system of checks and balances. While the wisdom of this particular grant might be questioned and while such authority may be perceived as inconvenient give one's perspective on the role and power of the legislative branch, such public policy arguments underlying these criticisms appropriately lie outside the scope of this court's prerogative. We remain steadfast in rejecting any effort to substitute our own judgment for that of the plain, unambiguous constitutional language, especially when that judgment has the effect of achieving a preferred public policy," the 2025 Court opinion states.
Direct Democracy Campaigns React
Ballot issue groups seeking to undo several recent laws changing the citizen initiative process said the Court's ruling shows the need for their proposals.
"To the voters - don't lose hope," said Bonnie Miller, president of the League of Women Voters of Arkansas, after the Dec. 11 ruling.
The league which along with several affiliates and ballot group Save AR Democracy are pursuing a 2026 constitutional amendment to clarify the petition process. They're wanting voters to consider a constitutional amendment that would among other things enact a deadline for challenging ballot titles, prevent lawmakers from changing the Arkansas Constitution, and requiring a statewide vote on any laws affecting the citizen initiative process.
Protect AR Rights, a coalition of seven Arkansas organizations, also has a measure seeking changes to the citizen initiative process.
"Our proposal states only the people - not politicians - can change a voter-approved amendment. We crafted this language intentionally. And today's decision to green-light additional legislative power grabs proves how essential protecting the will of the voters is," the organization stated on its Facebook page on Dec. 11.
Both groups are involved in a federal lawsuit against the state over the constitutionality of new canvasser laws, such as requiring voters to show canvassers their photo ID before signing a petition. The law and several others are currently on hold as the lawsuit makes it way through court. A federal appeals court on Dec. 15 declined to remove the temporary injunction.
Legislature Meets in April
State legislators convene as the General Assembly on April 8 for a fiscal session, itself the result of a legislatively referred constitutional amendment in 2008. Fiscal sessions occur in even-numbered years and is a time for legislators to consider budgetary issues and appropriation bills.
Non-appropriation bills can be considered if two-thirds of the House and Senate approve a resolution allowing their consideration. In 2022, legislators rejected attempts to introduce abortion bills during the fiscal session. For the 2026 session, non-appropriation bills can be filed for consideration between April 8 and April 22. The next regular session of the Arkansas General Assembly is in 2027.
Senate President Bart Hester and House Speaker Brian Evans told the Arkansas Democrat-Gazette there are no plans yet to make changes to the constitution before the 2027 session. Hester did express an interest in more changes to the medical marijuana amendment while Evans said he thought lawmakers would be careful about future constitutional changes.
"And most especially to anything that was initiated by the people, I think the House would be very cautious and very thorough and thoughtful when it came to anything that might come before us to make a change," he told the newspaper in a Dec. 13 article.
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