Arkansas Ballot Issues Newsletter

March 2023

Ballot Issue Groups Face 50 County Rule

Arkansas legislators haven't started talking about potential constitutional amendments yet, but they are close to approving a major change to the citizen initiative process.

Citizen-led ballot issue groups wanting to put a state law, veto referendum, or constitutional amendment on the ballot may soon be required to gather voter signatures from 50 counties instead of the current 15 counties to qualify their proposals for Election Day.

House Bill 1419 will be on the full Senate agenda on Monday, March 6, after the Senate State Agencies and Governmental Affairs Committee approved the bill by a vote of 5-2 on March 2.

The proposed law strikes existing language in Arkansas law that requires ballot issue groups gather voter signatures from "at least 15 counties." In its place, the bill would put the required number of counties at 50, or two-thirds of the state's 75 counties.

“Out-of-state special interest groups can spend a lot of money in our state trying to change our constitution and all they have to do is gather signatures from 15 counties. And typically those counties are the larger counties and the more populated counties, which in turn allows them to ignore the rest of the state and ignore more rural counties,” said Rep. Kendon Underwood, the bills sponsor, at a Feb. 21 House committee hearing.

Requiring signatures from more counties would show that more Arkansans support the ballot issue, he told legislators then.

Arkansas voters in 2020 rejected a similar proposal on the statewide ballot that would, among other things, have increased the signature distribution threshold to 45 counties. When asked how the language in House Bill 1419 wouldn't have to go on the ballot before voters, Underwood said the Constitution "sets a floor but doesn't set a ceiling."

People speaking against the bill in committee meetings disagreed, and pointed out that Issue 3 of 2020 failed in 70 counties.

“This feels more like an attempt to keep everything off the ballot,” said Rep. Nicole Clowney, who said the new threshold was “extreme.” Few grassroot groups could meet without paid canvassers or out-of-state financial support, she said.

Underwood told legislators he went with 50 counties in House Bill 1419 because that represented two-thirds of the state. Underwood likened the ratio to the one required to amend the United States Constitution.

Committee members in support of the change said their predecessors in the early 1900s likely thought they were setting a high standard with 15 counties due to the difficulty of traveling the state.

In the Senate committee this week, legislators debated and disagreed on the bill's impact on ballot issues. Supporters said it wouldn't harm Arkansas-led ballot issues, whereas opponents said it would only benefit groups that could raise large sums of money from special interest organizations.

They also debated and disagreed on why voters rejected Issue 3 in 2020 and a 2022 proposal that would have required 60% voter approval for statewide ballot issues.

"They go in the polling place. They're overwhelmed by trying to read page after page after page of what's been placed there by the legislature and by the public. It bogs down the polling process if they were to try to stand there and read them," said Sen. John Payton. "In most of the instances where I communicated with constituents ... the overwhelming majority voted against all of them because they didn’t have time and they didn’t want to take the time to read all the way through them."

Sen. Clarke Tucker disagreed, previously saying citizens "have spoken on their desire to get issues on the ballot."

"Let’s just be real for a second about what this bill is about. It’s not about giving rural Arkansas more of a voice in having issues on the ballot. It's about having power and control. That’s it," Tucker said. "The members of this legislature want to have total control over the laws that are passed in Arkansas and they don't want to give that ability to the people."

How Many Signatures Are Needed For Citizen Initiatives Right Now?

Arkansas is one of 15 states where citizens can petition to put state laws, constitutional amendments and veto referendums on the statewide ballot for voters to consider.

House Bill 1419 would apply to all three of those methods.

The Arkansas Constitution requires a specific percentage of voter signatures depending on the type of proposal citizens are pursuing. The percentages are tied to the number of votes the governor received in the last election.

Constitutional amendments require signatures equaling 10% of the number of votes cast for governor.
State laws require signatures equaling 8% of the number of votes cast for governor.
Referendums on new state laws require signatures equaling 6% of the number of votes cast for governor.

In addition to a statewide percentage, groups are required to collect signatures equaling half the number of votes cast in those counties. (Secretary of State list: Voter Signatures Required by County in 2022)

Traditionally, ballot issue groups have submitted signatures from more than 15 counties as a safeguard. Voters in 2014 approved a constitutional amendment requiring ballot issue groups to collect at least 75% of the number of signatures needed in order to qualify for more time to gather additional signatures.

How Does 50 Counties Compare Nationally?

The Public Policy Center analyzed signature requirements across the country in 2021. States varied in their geographic distribution requirements, with several using congressional districts rather than counties. Other strategies included prohibiting a large percent of signatures from coming from one county.

In states where there were county requirements, they appeared to be more cumbersome than Arkansas' existing requirement. Ohio, for example, required signatures from half of its counties (44 of 88). Legislators there are currently debating whether to raise the threshold for voter approval for ballot issues, from a simple majority to 60% voter approval.

Legislators in 12 states have filed at least 35 bills addressing the processes required to get a proposal on the ballot or pass a measure, according to the Brennan Center for Justice.

2024 Legislative Proposals

Arkansas legislators have more than a dozen topics to consider for the 2024 ballot after the Feb. 8 filing deadline for constitutional amendments passed with 33 different resolutions filed.

They can only refer three constitutional amendments to voters, plus one about their salaries.

Find links to every proposal filed, along with who the sponsors are and companion bills in our PPC Legislative Amendment Tracker.

What's New from the Public Policy Center This Month?

New website: Rural Criminal Justice

Citizen-Initiated Ballot Issues

As of today, the Secretary of State's Office has received one citizen initiative for 2024 ballot.

Barry Emigh mailed in the Amendment to Produce, Use, and Sell Solar Electricity. The Secretary of State's Office filed the proposal on Oct. 19, 2022.

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The Public Policy Center was established in 2004 to provide Arkansans with timely, credible, unaligned and research-based information and education about public issues. Public issues are defined as pressing and emerging issues that involve multiple points of view and have widespread consequences.

Our goals are to:

Increase citizen knowledge, awareness and understanding of public issues;
Enhance public participation in decisions regarding public issues, and
Help citizens craft, evaluate and implement alternative solutions to public issues.

We are part of the Community, Professional and Economic Development unit at the University of Arkansas System Division of Agriculture, Cooperative Extension Service in Little Rock.

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