Latest news with #ArkansasConstitution
Yahoo
5 days ago
- Business
- Yahoo
Court filings reveal opposition to intervening motion in Arkansas direct democracy lawsuit
Efforts to collect signatures for two proposed ballot measures for the 2026 election will begin this fall, following the attorney general's approval of ballot language Thursday. (Mary Hennigan/Arkansas Advocate) The League of Women Voters of Arkansas and the state attorney general argued in federal court filings this week that two ballot question committees are not entitled to intervene in the League's lawsuit challenging the constitutionality of direct democracy laws. Protect AR Rights and For AR Kids filed a motion to intervene in the case on May 14, arguing that their interests aren't 'adequately represented' because the League's suit didn't challenge all the laws they intended to. The committees also argued that intervening is more efficient than filing a separate lawsuit, which they said would likely be consolidated with the League's complaint under federal court rules. Arkansas grassroots organizations seek to intervene in lawsuit challenging direct democracy laws In its response to the motion, which was filed by Little Rock attorney David Couch on Wednesday, the League of Women Voters of Arkansas and ballot question committee Save AR Democracy (SARD) argue the two ballot question committees don't have standing and have no right to intervene because they are not questioning LWVAR's ability to challenge the laws in the original complaint. LWVAR filed a federal lawsuit against the Arkansas secretary of state in April alleging that eight recently approved state laws governing direct democracy violate the First and 14th amendments to the U.S. Constitution. Direct democracy is the process by which Arkansans can propose new laws or constitutional amendments and place them on the ballot for a statewide vote. Arkansas is one of 24 states that allow citizen-led initiatives, according to the National Conference of State Legislatures. The motion to intervene from Protect AR Rights and For AR Kids seeks to challenge two laws not included in the League of Women Voters' suit — Act 602 of 2025, which prohibits ballot titles from being written above an eighth-grade reading level, and Act 236 of 2023, which mandates petition signatures must be collected from at least 50 counties instead of 15 as directed in the Arkansas Constitution, according to court filings. Protect AR Rights and For AR Kids also seek to add an additional defendant, Attorney General Tim Griffin, who is not a party to the pending litigation but is counsel for the secretary of state, which would further complicate the matter, according to LWVAR's response. In the defendant's response, also filed Wednesday, Griffin noted that when he certified For AR Kids' popular name and ballot title for a proposed education-related constitutional amendment on Feb. 26, the ballot title didn't need to meet the reading-level requirement because Act 602 was not yet in effect. The League and Save AR Democracy made the same point in their filing to argue that For AR Kids lacks standing to challenge the reading-level law. Protect AR Rights submitted its own proposed direct-democracy ballot title on May 19 that's still under review by the attorney general. LWVAR argues this group also does not have standing because its proposed ballot title has not been rejected because of Act 602. LWVAR argues that challenging Act 602 is further complicated because Griffin substituted and certified Save AR Democracy's ballot title on May 21 so that it would meet the eighth-grade reading level test. 'Even if Protect AR Rights had standing, the inclusion of that issue in the litigation would unnecessarily complicate this matter,' the response states. 'Nothing would prohibit Protect AR Rights from instituting litigation if it is denied a ballot title to meet the eighth grade reading level test.' Griffin argues that the motion to intervene should be denied because Protect AR Rights is the only party that can challenge Act 602. This is also the only claim that can be made against the attorney general, he said. State law requires the attorney general to certify or reject proposed ballot titles within 10 business days. The deadline for a response to Protect AR Rights' proposal is June 3. Because it is still under review, allowing the ballot question committee to intervene 'would require finding an injury in fact where such harm is hypothetical and not concrete,' Griffin wrote. 'Because Plaintiff SARD was able to satisfy the Act 602 requirement, the court has to resort to speculation to determine that Protect AR Rights' ballot title could never be at an eighth-grade reading level,' he said. 'For the same reasons, Protect AR Rights cannot bring a cause of action against Attorney General Griffin.' Regarding the proposed intervenors' challenge to the 2023 law requiring signatures from 50 counties, LWVAR's response notes that this law is already being challenged by the League in Pulaski County Circuit Court. The case has been fully argued, briefed and is awaiting the court's ruling. Plaintiffs argue there is no need for the claim to be pursued at this time and if it were allowed, it should be held in abeyance under the Pullman Doctrine, which provides that federal courts defer to state courts if the state ruling would resolve the federal issue. 'The issue before the Circuit Court is simply, can the Arkansas General Assembly amend the Arkansas State Constitution by statute? The League believes that it cannot, and a ruling in its favor would resolve the federal issue,' according to court documents. Griffin also cited the Pullman Doctrine and noted that the losing party in the case is expected to appeal to the Arkansas Supreme Court. 'Thus, the [federal] Court should abstain from exercising jurisdiction over this claim, which is only being made by Movants to intervene,' he wrote. 'Standing alone, this claim cannot be a basis for Movants to be entitled to intervention.' LWVAR further argues that Protect AR Rights' proposed ballot measure 'would conflict with and be in direct competition with' Save AR Democracy's approved measure because both seek to amend Article 5, Section 1 of the state Constitution, which governs the state's initiative and referendum process. 'It would be improper for the Protect AR Rights to intervene in litigation filed by SARD to get a measure approved that directly competes with the measure already approved and being circulated by SARD, in that it would create unnecessary conflict,' according to LWVAR's response. Save AR Democracy also argues Protect AR Rights' proposed ballot measure contradicts with a claim made in the complaint — that the 'exhaustive list of disqualifying offenses' that prohibits individuals from collecting signatures is unconstitutional. 'The measure submitted by Protect AR Rights to the Attorney General for approval would enshrine this very prohibition in the Arkansas constitution,' the response says. 'This represents a core political and policy difference between SARD and Protect AR Rights and would inject unnecessary controversy and conflict into the litigation.' Protect AR Rights' proposal also sets forth a procedure regarding a legal challenge to the ballot title that 'differs substantially' from Save AR Democracy's procedure. Save AR Democracy's measure would require an approved ballot title to be submitted to the secretary of state who publishes notice of approval and the procedure for challenging the approval. The measure would establish a 45-day window during which a challenge could be filed with the Arkansas Supreme Court. The Protect AR Rights measure would require a challenge to be filed within 10 business days of the attorney general sending the sponsor a letter approving the ballot title, but it provides for no notice. Providing the public 'adequate notice and opportunity' is essential to due process, the response states. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Axios
23-05-2025
- Politics
- Axios
Push to protect ballot initiatives advances in Arkansas
A proposed amendment to the Arkansas Constitution could have a sweeping impact on voters' control over how future laws are shaped. Why it matters: The measure, backed by Arkansas' League of Women Voters and Save AR Democracy, seeks to require a statewide vote before changing Arkansas' direct democracy process. It would also streamline legal reviews and prohibit the state Legislature from amending or repealing constitutional amendments. Driving the news: Attorney General Tim Griffin's office on Wednesday approved the popular name and ballot title for the citizen-led constitutional amendment. His office rejected three previous drafts. The most recent rejection cited a 2025 law, Act 602, which requires the language to be at or below eighth-grade reading level according to the Flesch-Kincaid scale. The big picture: Arkansas voters can change or reject laws enacted by the state Legislature through a citizen-initiated ballot process. Changes can be in the form of a proposed ballot initiative as a state statute (a change to a law) or a constitutional amendment (a more significant change to the state's constitution). They also may repeal legislation with a veto referendum. Yes, but: In recent years, lawmakers have made the process more difficult, passing laws that riddle it with technicalities and all but require a group to be well funded to gather petition signatures. Acts 240 and 241, signed this year, require canvassers to submit an affidavit proclaiming they will follow Arkansas law and to check photo ID before a voter can sign a petition. Act 274 requires canvassers to certify a voter has read the ballot title summarizing the measure, or to read it aloud to the voter before they sign the petition. Flashback: Last year, three citizen-led initiatives collected enough signatures for the November ballot. However, the abortion amendment and the recreational marijuana amendment were eventually disqualified over paperwork. Only a measure to revoke a casino license and require voters to approve future licenses was included. Voters approved it by a wide majority. State of play: Supporters of the proposed amendment can now begin gathering signatures from registered voters. Signature requirements vary for each type of citizen-initiated proposal, based on a percentage of the votes cast in the most recent gubernatorial election. Constitutional amendments require 10%, or 90,704 signatures. Due to a 2023 law, signatures must be gathered from 50 counties instead of the previously required 15. What they're saying:"This victory belongs to every Arkansan who believes in the power of the people to shape their own government," Bonnie Miller, president of the League, said in a statement following Griffin's decision. "Despite the challenges, we refused to give up because the right to direct democracy is worth fighting for." What we're watching: It will be telling to see how quickly or slowly Arkansas voters sign the petition.
Yahoo
21-05-2025
- Politics
- Yahoo
Attorney general approves Arkansas League of Women Voters, Save AR Democracy ballot title for referendum roll-back
LITTLE ROCK, Ark. – The Arkansas attorney general approved a ballot title on Wednesday that could change the way citizens bring issues to the ballot for voters to decide. This was the third ballot title submitted by the League of Women Voters of Arkansas to the attorney general. The league, along with the Save AR Democracy group, intends to ask voters whether access to the referendum process should be part of the Arkansas Constitution. Arkansas coalition submits proposed ballot initiative to overturn legislative changes to referendum law Attorney General Tim Griffin's opinion that accompanied the approval said the group's submission had appropriate language in the title, as compared to the previous submissions. The league president classified Wednesday's decision as a victory. 'This victory belongs to every Arkansan who believes in the power of the people to shape their own government,' League president Bonnie Miller said. 'Despite the challenges, we refused to give up because the right to direct democracy is worth fighting for.' Two additional groups ask to join Arkansas League of Women Voters suit against changes to referendum law Secretary of State Cole Jester's office says the next step in the process is to meet with someone from its elections division and start collecting their signatures to try to get enough valid signatures to get it on the ballot. By state law, the group will need to gather 90,704 signatures, amounting to 10% of the total number of votes cast for governor in the last election. The league has also filed a lawsuit against the referendum changes. The most recent legislative session created several laws that tightened access to the referendum process, including multiple laws on signature gathering and the reading level of the title. The group's second submission being above an eighth-grade reading level is what led to its rejection. This is the first ballot title approved under the new laws. A recent successful ballot initiative in Arkansas was an amendment repealing the Pope County casino's license. In the past, a 2018 initiative increased the state's minimum wage, and a 2016 initiative established an Arkansas medical marijuana program. Arkansas League of Women Voters speaks on lawsuit regarding changes voter referendum process Other ballot initiatives to increase access to marijuana failed in 2022 and 2024. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
21-05-2025
- Politics
- Yahoo
Arkansas attorney general certifies League of Women Voters ballot title
Voters sign a petition to place a measure on the Nov. 5 ballot at a signing event April 8, 2024, outside Little Rock's Whitewater Tavern. (Paige Eichkorn / Arkansas Advocate) Attorney General Tim Griffin on Wednesday substituted and certified the popular name and ballot title of a constitutional amendment proposed by the League of Women Voters of Arkansas aimed at preserving the state's direct democracy process. Griffin had rejected the proposal three times prior to Wednesday's certification. In his most recent rejection, Griffin cited a new state law that prohibits ballot titles from being written above an eighth-grade reading level as his reason for denying certification. In Wednesday's opinion, Griffin said he previously did not approve the League of Women Voters' proposal because it ranked at grade level 12.2 on the Flesch-Kincaid Grade Level formula. The test uses word complexity and sentence lengths to calculate what grade of education is needed to comprehend written material. Arkansas attorney general rejects first ballot measure under new law Additionally, the attorney general identified two other 'minor issues' — a grammatical error in the text and the proposal's 'failure to mention any standards upon which a popular name could be challenged.' Griffin noted in Wednesday's opinion, which Assistant Attorney General Kelly Summerside prepared, that the League of Women Voters had corrected both issues and rewrote the ballot title so it ranks at an 8.5 grade level on the Flesch-Kincaid test. 'With regard to your proposed ballot title, I have made several minor changes to ensure that the ballot title clearly and accurately sets forth the purpose of your proposed initiated amendment to the Arkansas Constitution, while remaining at an eighth-grade reading level,' Griffin said. The League of Women Voters of Arkansas and its ballot question committee, Save AR Democracy, said they were pleased with 'this long-awaited approval,' in a statement issued Wednesday afternoon. 'This victory belongs to every Arkansan who believes in the power of the people to shape their own government,' said Bonnie Miller, president of the League. 'Despite the challenges, we refused to give up because the right to direct democracy is worth fighting for.' The League of Women Voters of Arkansas submitted its first proposal in March. The amendment's goal is to 'restore Arkansans' constitutional right to direct democracy by preventing legislative interference, streamlining legal reviews, and simplifying the citizen-led petition process while ensuring that the fundamental rights of the amendment are subject to strict scrutiny by the courts in order to be valid,' according to a Wednesday press release. Direct democracy is the process by which Arkansans can propose new laws or constitutional amendments and place them on the ballot for a statewide vote. Arkansas is one of 24 states that allow citizen-led initiatives, according to the National Conference of State Legislatures. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX The nonpartisan LWVA, which submitted its most recent proposal on May 7, is proposing a constitutional amendment to prohibit state lawmakers from changing the Arkansas Constitution themselves and require that any new law affecting the initiative and referendum process must be approved by voters at the next general election. Additionally, the ballot measure would only permit voters, not state lawmakers, to propose changes to Article 5, Section 1 of the state Constitution, the section that outlines the initiative and referendum process. Under the proposed constitutional amendment, the General Assembly would determine the name and title of referendums, and votes on a bill with an emergency clause (a provision that allows laws to become effective immediately) would have to occur at least 24 hours after the bill passes. Additional provisions of the proposal address the signature-gathering process, as well as the process for certifying and challenging ballot titles. These reforms are essential to ensuring Arkansans can continue bringing issues 'directly to the ballot without unnecessary obstacles,' according to the release. 'This is about protecting the voice of the people,' Miller said. 'It should be the voters, not politicians, who have the final say in how Arkansas is governed.' Preserving Arkansans' right to propose state laws and constitutional amendments became a priority for several groups after lawmakers approved about a dozen bills related to direct democracy during the recently concluded legislative session. The bills' sponsors said they will ensure integrity with the process, while opponents have argued the new laws make it nearly impossible for Arkansans' proposed measures to qualify for the ballot. Arkansas coalition submits proposal to protect 'fundamental right' to direct democracy The League of Women Voters of Arkansas filed a federal lawsuit in April alleging that eight of those laws are unconstitutional. Two ballot question committees, Protect AR Rights and For AR Kids, filed a motion to intervene in the case last week because they want to challenge additional laws not included in the original suit, including Act 602 of 2025, the law that prohibits initiative petitions from being written above an eighth-grade reading level. Protect AR Rights also submitted its own proposed constitutional amendment Monday that would protect Arkansans' 'fundamental right' to direct democracy. Arkansas Advocates for Children and Families is a member of the Protect AR Rights coalition, and Executive Director Keesa Smith-Brantley said Monday that the group's goal is for its proposal and the League of Women Voters' to work together. 'There were things that we felt like we needed to equally add to make sure that we enshrine the rights of Arkansans in the Constitution, but we are hopeful to be able to work together in this process and talk about ways that we can make sure that both of the measures that we're working on get passed,' she said. Under state law, the attorney general's office has 10 business days to approve or reject a proposed ballot measure. The deadline for a response on Protect AR Rights' proposal is June 3. SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
20-05-2025
- Politics
- Yahoo
Arkansas coalition speaks on proposed ballot measure process amendment
LITTLE ROCK, Ark. — , a coalition of advocacy groups, is proposing a constitutional amendment called the Arkansas Ballot Measure Rights Amendment. aims to certify and restore the right of Arkansas citizens to propose and sign ballot measures and collect signatures. 'This past legislative session they passed such a big package of bills it essentially killed the ballot measure process for grassroots Arkansans,' said Bill Kopsky with Protect AR Rights. Arkansas coalition submits proposed ballot initiative to overturn legislative changes to referendum law New laws passed by the Arkansas Legislature include requirements such as ballot titles being read aloud to a signer, canvassers signing an affidavit stating they complied with the Arkansas Constitution and petition signers presenting a photo ID. State Sen. Kim Hammer (R-Benton) sponsored some of the legislation and said it strengthens the ballot initiative process. He said there is ample evidence of abuse of the system. 'I don't think they're strict regulations, I think they're regulations that make sure the process is at the highest level of integrity and that it brings safeguards into place that make sure that when someone signs that or somebody is asking for that to be signed, that every signature is counted for the value of the signature itself,' Hammer said. Kopsky said the new laws drag out the petition process and make it harder to get an initiative on the ballot. He believes the legislation is part of a broader effort to limit citizen participation in the legislative process. 'The Arkansas Legislature has been trying to strip away the rights of Arkansas citizens to use the ballot measure process to change the laws,' Kopsky said. ACLU representing two groups hoping to join Arkansas ballot bill lawsuit Hammer pushed back on criticisms, saying the intent behind the new rules is to protect the integrity of the process. 'The question of motive should not be on us, should be on those who are trying to stop what is going to bring about a clearer process,' he said. The ballot title has been submitted to the Attorney General's office for review. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
