Arkansas bill aims to let attorney general determine constitutionality of ballot initiatives

Yahoo

08-02-2025

LITTLE ROCK, Ark. – A bill sponsored by Rep. David Ray (R-Maumelle) would add power to the Arkansas attorney general, allowing him to reject a ballot title if he deems it unconstitutional.
'Under our current law, the AG can only find a ballot title to be legally insufficient, if its misleading or designed in a way that is so flawed that it has the opposite effect of what it purports to do,' Ray said.
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Unconstitutionality is currently only determined by the courts.
The bill would also prevent initiative petition sponsors from submitting multiple initiatives that are conflicting measures meaning they cover the same subject matter.
There was debate over what conflicting could mean.
Rep. Andrew Collins (D-Little Rock) questioned the authority the attorney general would inherit.
'It really seems to me like a clear violation of the separation of powers, you're effectively making the attorney general into a court interpreting constitutional law, that's not the proper role for the attorney general,' Collins said.
Ray disagreed, saying he believes the attorney general is already asked to weigh in on constitutionality.
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Samuel Watson was a part of the group working to place an abortion amendment on the last election's ballot and spoke against the bill.
'We did not prevail at the court, but as someone who was out there in the heat of July, at the last manic push, but I'm so grateful we got the chance to try to bring the ballot before the people of Arkansas,' Watson said.
Ray believes it's better to handle this on the front end, instead of the back end.
'It's unfortunate for all these groups to have their ballot or their issue tossed off the ballot, just a couple of weeks or a month or two before the election, because then they've raised all that money spent all that money gone through all the trouble and effort of advancing their issue only to have it be declared ineligible so I think it's better to deal with it on the front end,' Ray said.
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This bill does not prevent someone from resubmitting to the attorney general.
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