Latest news with #Flesch-KincaidGradeLevelformula
Yahoo
11-06-2025
- Politics
- Yahoo
Revising direct democracy ballot measure to meet Arkansas law balancing act, drafter says
Northwest Arkansas lawyer Jennifer Waymack Standerfer and Arkansas Appleseed Executive Director Bobby Howard discuss a proposed constitutional amendment from the Protect AR Rights coalition to preserve direct democracy in Arkansas during a press conference at the state Capitol on May 19, 2025. (Sonny Albarado/Arkansas Advocate) The authors of a proposed constitutional amendment to protect Arkansas' direct democracy process are still revising their measure following the attorney general's rejection of their original draft last week. Arkansas Attorney General Tim Griffin said he could not certify The Arkansas Ballot Measure Rights Amendment because it failed to meet the eighth-grade reading level standard set in a new law. Act 602, which became law in April, prohibits the certification of a proposed ballot title with a reading level above eighth grade as determined by 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. During a virtual press conference Tuesday, Jennifer Waymack Standerfer, a Northwest Arkansas lawyer and drafter of the measure, said it's difficult to meet both the reading level provision and a requirement to not be misleading because the formula used to calculate the reading level assigns a higher grade to more complex words that she said are needed to properly convey the intent of the measure, such as 'fundamental right.' 'If I say right instead of fundamental right, there's a lot less syllables there and that drops my readability score, but I'm not being as transparent and open and honest with the public about what we're actually doing,' Standerfer said. 'The courts bounce around about rights and fundamental rights.' Sponsored by the Protect AR Rights coalition, the proposed measure would amend Article 5 Section 1 of the Arkansas Constitution, the section that governs the state's initiative and referendum process. It would designate as a 'fundamental right' the right of voters to propose laws and constitutional amendments that can be put to a statewide vote. Second Arkansas ballot measure rejected for failing to meet reading-level standard Asked if breaking the proposal's several sections into separate ballot measures would make it easier to meet the reading level standard, Emma Olson Sharkey, a partner at the Elias Law Group who specializes in voting rights and citizen-led ballot initiatives, said it's not necessarily the amount of policies or changes that are involved. 'It is the way that they're described, and even just that simple change (right vs. fundamental right), which would mean a lot to the people of Arkansas, wouldn't meet the standard that the Legislature has set, which is, in my view, ridiculous,' Sharkey said. Among its various provisions, the measure would require petition signatures be gathered from at least 15 counties instead of 50 and would explicitly prohibit the Arkansas General Assembly from amending or repealing a constitutional amendment approved by voters. Coalition members may consider removing some provisions and editing other language to meet the reading level requirement, Standerfer said. The drafting process has become a balancing act of meeting statutory requirements while also staying true to the intent of the measure, she said. 'All of the policies that we have in here are really, really crucial and really, really important, and if the Legislature is putting requirements on us that make us sacrifice content, then that is impeding upon the people's rights to legislate,' Standerfer said. 'They don't get to tell the people what content they get to legislate in law.' Various court interpretations of the Arkansas Constitution have said state lawmakers can amend an initiated act by a two-thirds majority vote, but not an amendment, Standerfer said. 'That being said, the case that says that essentially says 'well, we know what the Constitution says, but they couldn't have possibly meant that, that's crazy,'' Standerfer said. 'There are some lawyers who are concerned the current Supreme Court would reverse itself, and because of that and the concerns that have been raised, additional clarity to restate the law as it exists now is warranted and appropriate.' In an attorney general opinion issued in November, Griffin said the Arkansas Supreme Court in 1951 reasoned that the plain language of Amendment 7 gives the General Assembly the power to amend citizen-initiated constitutional amendments. But the court departed from the text because it didn't believe it was voters' intention to give lawmakers that power, he said. 'In my opinion, that decision employed an erroneous form of reasoning and was wrongly decided,' Griffin wrote. 'If this issue were raised today, I believe the Supreme Court would overturn that case and hold that the plain language controls.' During this year's legislative session, lawmakers proposed a bill that would have granted this authority to the General Assembly, but it died in the House. Legislators were successful, however, in passing several laws changing the state's initiative and referendum process, which prompted direct democracy-related ballot proposals from Protect AR Rights and the League of Women Voters of Arkansas. Direct democracy is the process through which Arkansans can propose new laws or constitutional amendments and put them to a statewide vote. Arkansas is one of 24 states that allows citizen-led initiatives, according to the National Conference of State Legislatures. The League's measure was rejected three times, including once for failing to meet the eighth-grade reading level requirement. Griffin substituted and certified the popular name and ballot title so it met the reading level requirement on May 21. That means the League can begin gathering signatures to try to place their measure on the 2026 ballot. The nonpartisan group will officially launch its statewide signature collection campaign Friday in Fayetteville. Court filings reveal opposition to intervening motion in Arkansas direct democracy lawsuit The organization also filed a lawsuit in April that challenges several of the new direct democracy laws. Protect AR Rights filed a motion to intervene so the coalition can challenge additional laws not included in the original lawsuit, including the reading-level law. Both the League and the state argued in their responses to the motion that Protect AR Rights lacks standing and is not entitled to intervene in the case. In the meantime, drafters of Protect AR Rights' ballot measure are continuing to solicit public input and hope to resubmit their revised proposal in the next week or so, Standerfer said. The attorney general's office declined the coalition's request for a meeting for feedback because of the pending litigation, she said. While the proposed ballot measures from Protect AR Rights and the League of Women Voters of Arkansas have the same general goal of preserving Arkansans' rights to propose laws and constitutional amendments, they do conflict in some areas, Standerfer said. Because of that, if both qualify for the ballot and are approved by the voters, the one with the most votes would become law, according to the state Constitution, she said. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
03-06-2025
- Business
- Yahoo
Protect AR Rights ballot title to overturn recent ballot title laws rejected
LITTLE ROCK, Ark. – Protect AR Rights' first ballot title submission to the Arkansas attorney general was rejected on Monday. The group has stated that the submission is intended to place before voters the chance to overturn ballot initiative laws passed during the most recent general assembly. Citing concerns about security, the legislature passed multiple laws tightening the requirements for ballot referendums to be accepted, including increased restrictions on signature gathering and referendum language. Arkansas bill aims to let attorney general determine constitutionality of ballot initiatives One of those laws requiring ballot titles to be at no more than an eighth-grade reading level was the primary reason Attorney General Tim Griffin rejected the Protect AR Rights submission. 'I must reject your popular name and ballot title because the ballot title does not comply with Act 602 of 2025,' Griffin wrote in his opinion. 'As explained above, Act 602 prohibits me from certifying ballot titles that are above an eighth-grade reading level under the Flesch-Kincaid Grade Level formula. The ballot title you have submitted ranks at grade 11.5. Thus, your ballot title requires significant revisions before it complies with the Act.' The attorney general also cited ambiguity in two parts of the ballot title's language. Attorney general approves Arkansas League of Women Voters, Save AR Democracy ballot title for referendum roll-back A statement from Protect AR Rights said the group expected its first submission to be rejected. 'We're not surprised by today's decision from the Attorney General because it's rare for a ballot measure to be approved on the first try,' the statement read.' This is simply the first step in a long process, and our coalition remains fully committed to protecting the rights of Arkansans to shape their own laws.' The group also classified the reading requirement as being 'passed by politicians trying to limit access to the ballot' and a 'serious barrier to a fundamental right.' Protect AR Rights has its policy position on its website. Arkansas coalition speaks on proposed ballot measure process amendment Griffin recently approved a ballot initiative with similar intent for the Arkansas League of Women Voters. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
02-06-2025
- General
- Yahoo
Second Arkansas ballot measure rejected for failing to meet reading-level standard
Arkansas Advocates for Children and Families Executive Director Keesa Smith-Brantley discusses a proposed constitutional amendment submitted to the attorney general's office during a press conference at the state Capitol on May 19, 2025. (Sonny Albarado/Arkansas Advocate) Arkansas Attorney General Tim Griffin on Monday said he could not certify a proposed constitutional amendment related to direct democracy because it violates a new state law that prohibits ballot titles from being written above an eighth-grade reading level. Act 602, which became law in April, prohibits the attorney general from certifying a proposed ballot title with a reading level above eighth grade as determined by 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. 'The ballot title you have submitted ranks at grade 11.5. Thus, your ballot title requires significant revisions before it complies with the Act,' according to Monday's opinion, which was prepared by Assistant Attorney General Jodie Keener and approved by Griffin. Monday's opinion identified additional issues with the proposal, including ambiguity regarding the Arkansas General Assembly's authority and how conflicting measures become law. The Arkansas Ballot Measure Rights Amendment, sponsored by the Protect AR Rights coalition, would amend Article 5 Section 1 of the Arkansas Constitution, the section that governs the state's initiative and referendum process. It would designate as a 'fundamental right' the right of voters to propose laws and constitutional amendments that can be put to a statewide vote. Among its various provisions, the measure would require petition signatures be gathered from at least 15 counties instead of 50 and would explicitly prohibit the Arkansas General Assembly from amending or repealing a constitutional amendment approved by voters. This is the second ballot measure proposed this year in response to state lawmakers approving about a dozen direct democracy-related laws during the 2025 legislative session. Supporters of the new laws have said they will ensure the integrity of the initiative and referendum process, while opponents have argued it will make it more difficult for citizen-led initiatives to qualify for the ballot. The direct democracy process allows Arkansans to propose new laws or constitutional amendments and put them to a statewide vote. Arkansas is one of 24 states that allows citizen-led initiatives, according to the National Conference of State Legislatures. Protect AR Rights spokesperson Bill Kopsky said in a phone interview that Monday's decision was expected because the attorney general often rejects the first draft of a proposed ballot title. The ballot question committee intends to request a meeting with Griffin's staff to gather feedback, Kopsky said. In an emailed statement, Protect AR Rights noted this was 'the first step in a long process, and our coalition remains fully committed to protecting the rights of Arkansans to shape their own laws.' Griffin's rejection of the group's proposed amendment reinforces why it's 'so urgently needed,' according to the group. 'We're reviewing the AG's feedback and will revise and resubmit our amendment. But let's be clear: the new 8th grade reading requirement — passed by politicians trying to limit access to the ballot — is a serious barrier to a fundamental right,' the statement reads. 'We believe measures should be clear, accessible, and accurate. That's exactly why we're fighting this provision in court.' Court filings reveal opposition to intervening motion in Arkansas direct democracy lawsuit Protect AR Rights and For AR Kids, another ballot question committee pursuing an education-focused constitutional amendment, are trying to challenge Act 602 by intervening in a federal lawsuit that challenges several other new laws governing the state's direct democracy process. The League of Women Voters of Arkansas filed the lawsuit against the secretary of state in April. The League proposed its own direct democracy-related ballot measure this year that was thrice rejected by the attorney general, including once for violating Act 602. Griffin substituted and certified the popular name and ballot title so it met the eighth grade-reading level requirement on May 21. That means the League can begin gathering signatures to try to place their measure on the 2026 ballot. In response to the motion to intervene, both the League and the state argued in court filings last week that Protect AR Rights lacks standing and is not entitled to intervene in the case. Protect AR Rights could file its own lawsuit if a judge dismisses the motion to intervene, but Kopsky said the court would likely freeze both lawsuits while deciding whether to consolidate them. 'We believe it would slow the process down substantially, which doesn't seem to be in anybody's interest,' he said. 'So we were surprised that they opposed the motion to intervene, but our legal team is going to respond to it in a way that's appropriate. The bottom line is we're committed to protecting the right to direct democracy and the right to have access to ballot measures in the state.' SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
07-05-2025
- Politics
- Yahoo
Arkansas attorney general rejects first ballot measure under new law
Arkansans sign petitions in support of proposed ballot initiatives in Little Rock on July 2, 2024. (Mary Hennigan/Arkansas Advocate) The League of Women Voters of Arkansas on Wednesday decried the attorney general's rejection of its proposed constitutional amendment under a new law that prohibits ballot titles from being written above an eighth-grade reading level. This is the third time Attorney General Tim Griffin has rejected the nonpartisan organization's proposal to amend the state's initiative and referendum process and the first time he has rejected any proposed ballot measure under Act 602, which became law last month. Sponsored by Rep. Ryan Rose, R-Van Buren, Act 602 prohibits the attorney general from certifying a proposed ballot title with a reading level above eighth grade as determined by 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. The law cannot be retroactively applied to proposals that were already certified for circulation before the act's effective date. The attorney general's office has already certified three other ballot title proposals that address education, government transparency and taxes on feminine hygiene products for the 2026 election cycle. Because Act 602 had an emergency clause, it went into effect when the governor signed it into law on April 14. Legislation generally takes effect 90 days after the Legislature adjourns sine die. The 2025 legislative session officially concluded Monday. The League of Women Voters of Arkansas expressed frustration with Griffin's decision in a statement issued Wednesday. 'Our ballot title has now been rejected three times, and each time we've addressed the Attorney General's concerns,' said Bonnie Miller, president of the League of Women Voters of Arkansas. 'This latest hurdle has nothing to do with accuracy or clarity. It is a technicality designed to keep citizens from having a say.' The organization is preparing a revised version of its proposal and is exploring legal options to challenge Act 602, according to the statement. 'We're not going anywhere,' Miller said. 'We've seen this kind of pushback before, and we know what's at stake. We will keep working to protect the right of Arkansans to bring issues directly to the ballot.' The League of Women Voters of Arkansas submitted its first proposal in March with the goal of strengthening direct democracy, according to a press release at that time. 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. Let us know what you think... If approved, the League of Women Voters of Arkansas' proposed constitutional amendment would prohibit the General Assembly from amending or repealing with a two-thirds majority vote a constitutional amendment approved by voters, which it currently has the authority to do. The group's proposal would also prohibit Article 5, Section 1 — the section of the state constitution that permits citizen-led initiatives and referendums — from being amended by a ballot measure referred to voters by the General Assembly. State lawmakers can refer up to three proposed constitutional amendments to voters each legislative session. This year legislators referred proposals concerning gun rights, economic development and affirming that only U.S. citizens can vote in Arkansas to the 2026 ballot. Additional provisions of the LWVA's proposed constitutional amendment include requiring a separate vote for an emergency clause to occur at least 24 hours after the passage of a measure, and to allow for the substitution or rejection of ballot measure language by the attorney general to be immediately reviewable by the Arkansas Supreme Court. In Monday's opinion, which was prepared by Senior Assistant Attorney General Kelly Summerside, Griffin said the League of Women Voters of Arkansas resolved issues identified with previous submissions, but he must reject their most recent submission because of Act 602. Griffin said the submitted ballot title 'ranks at grade level 12.2,' above the now required eighth-grade reading level, and therefore 'requires significant revisions' to comply with the new law. 'Any ballot title I could substitute would amount to a wholesale rewrite, but it is the sponsor's duty to craft a ballot title that complies with Act 602,' the opinion states. 'As a result, my statutory duty is to reject your popular name and ballot title because it does not comply with the requirements of Act 602 and instruct you to redesign the proposed ballot title in a manner that does not violate the requirements of the Act.' The opinion noted additional problems with the proposal, including grammatical issues and challenges to the measure's popular name. 'After the Secretary of State assigns a popular name, certain parties 'may contest the popular name.' But your proposed measure does not provide any standards for the popular name or basis upon which it can be challenged,' Griffin wrote. 'Thus, the ballot title misleadingly presents the matter as if there is some basis upon which the popular name could be challenged, even though your proposed measure includes no such basis.' In addition to its proposed constitutional amendment, the League of Women Voters of Arkansas is also addressing the state's initiative and referendum process through a lawsuit it filed last month that alleges eight new laws governing direct democracy are unconstitutional. Act 602 is not part of the lawsuit, which challenges another law that would expand the attorney general's existing authority to reject a proposal if it conflicts with the U.S. Constitution or federal statutes. The suit also challenges laws that affect the petition-gathering process by requiring canvassers to file a 'true affidavit' with the secretary of state, to request a photo ID from signers and inform them that petition fraud is a criminal offense, among other things. Following the 2023 legislative session, the League of Women Voters of Arkansas filed a lawsuit challenging a law that requires ballot initiative groups to gather signatures from 50 counties instead of 15. A final decision in the case is still pending. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
