Latest news with #ProtectARRights
Yahoo
30-07-2025
- Politics
- Yahoo
Judge allows two additional groups to intervene in Arkansas ballot referendum case
LITTLE ROCK, Ark. – A federal judge on Wednesday permitted to additional groups to intervene in a case intending to strike down changes made to Arkansas ballot referendum laws. Protect AR Rights and For AR Kids will now be able to join in the League of Women Voters of Arkansas vs. Jester case. That complaint challenges a host of recently enacted laws by the Arkansas legislature, making it harder for Arkansans to file ballot referendums. Protect AR Rights ballot title to overturn recent ballot title laws rejected by attorney general a second time The motion to intervene was filed by the American Civil Liberties Union of Arkansas, Elias Law Group LLP, and Shults Law Firm LLP. 'We're pleased that the court has granted our motion to intervene,' ACLU of Arkansas Legal Director John Williams said. 'This decision ensures that the voices of grassroots groups actively engaged in the ballot initiative process will be fully represented in this case.' Williams added: 'Our clients are already feeling the impact of these unconstitutional laws, and now they'll have the opportunity to stand up in court and defend the First Amendment rights of all Arkansans who seek political change through direct democracy.' Previously, Protect AR Rights had filed to place a question on the Arkansas general election ballot to overturn the new laws. It had been rejected twice by the attorney general's office due to the proposed ballot title being above an eighth-grade reading level, as required by one of the laws passed by the 95th General Assembly. Appeals court reinstates Arkansas ban on teaching Critical Race Theory Protect AR Rights is made up of a coalition of Arkansas Appleseed, Arkansas Citizens First Congress, Arkansas Public Policy Panel, For AR People, the Arkansas State Conference of the NAACP and the Arkansas Education Association. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed. Solve the daily Crossword
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
04-06-2025
- Business
- Yahoo
Arkansas ranks first-place in election security, according to conservative group
LITTLE ROCK, Ark. – From number eight to number one, Arkansas has moved up in the Heritage Foundation's Election Security Scorecard. Secretary of State Cole Jester says it's all due to eight recent key changes, including policies from his office. 'We're partnering with the federal government to get DHA, Homeland Security data on illegal immigrants who might be on our rolls and using credit agencies to flag addresses that may be industrial or just don't exist,' Jester said. Arkansas coalition submits proposed ballot initiative to overturn legislative changes to referendum law Arkansas is now sharing voter registration data with other states to check for people registered in multiple states, along with implementing other new policies. Recently passed laws have also contributed to the new ranking. 'One, getting data from federal juries so we can eliminate people who shouldn't be on our voter registration list, two, requiring a witness for absentee ballots,' Jester said. Gennie Diaz, with the democracy rights advocacy group Protect AR Rights, said they would like to see policies that make democracy more accessible, not less. 'It's a really interesting contrast, if you will, from where we rank in voter participation and then this declaration that our state is number one in voter integrity. I think there is a big chasm there,' Diaz said. While the Heritage Foundation does not have a ranking category dedicated to the petition process, Jester said one of the eight changes includes mandating a photo ID for signing initiative petitions. There are 100 factors that determine the ranking based on a point system. Arkansas League of Women Voters files federal suit, calls changes to voter referendum process 'Unconstitutional' Protect AR Rights is proposing the Arkansas Ballot Measure Rights Amendment, which aims to block existing laws they believe interfere with the right to sign petitions and collect signatures. 'How can we find ways to, of course, protect the voting process and the petition process, but also make it easier for people to vote? Because in our state it's just incredibly difficult, and often fewer than half of our registered voters turn out for elections,' Diaz said. Jester said these are common-sense laws and policies, while Diaz questioned the practical benefit of the ranking for voters. 'What does this number one ranking for election integrity actually mean for the voters of this state? Is this just simply a ranking that we get because we check off certain boxes with this particular think tank, or is this something we're actually working toward as a state?' Diaz said. 'Things like when a ballot is damaged and remade, procedural checks to make sure it's done correctly, things like nursing homes requiring two witnesses, two assisters when you're helping someone fill out their ballot, just common-sense steps everyone can get behind,' Jester said. Lawmakers seek to rein in citizen ballot initiatives with new requirements for petitions To view the scorecard, please visit Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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
