by Antoinette Grajeda, Arkansas Advocate
March 25, 2025

Arkansas’ attorney general on Tuesday rejected a proposed ballot measure that aims to amend the state’s initiative and referendum process. 

Attorney General Tim Griffin cited ambiguities as his reason for rejecting the proposed ballot title and language, which Little Rock attorney David Couch submitted on behalf of the League of Women Voters of Arkansas on March 11.

State law requires the attorney general to approve or reject a proposed ballot measure along with its ballot title and popular name within 10 business days of receiving the original draft. Tuesday was the deadline for Griffin to do so. 

Concerns over transparency and accessibility prompted the nonpartisan nonprofit to submit its proposal, according to a press release. Key provisions of the proposed constitutional amendment include prohibiting the General Assembly from amending a voter-approved constitutional amendment with a two-thirds vote, which is currently permitted, and allowing canvassers to submit signatures under penalty of perjury in place of requiring notarization of signatures.

The measure also would require the attorney general’s office to approve or modify the language of ballot titles. Once approved, challenges would have to be filed with the Arkansas Supreme Court, which would prevent legal disputes after signature collection, according to the press release. 

“While this outcome is not what we hoped for, it only strengthens our resolve to protect the rights of Arkansans,” LWVAR President Bonnie Miller said in a statement. “We will carefully review the Attorney General’s feedback, make the necessary adjustments to the ballot title, and resubmit it promptly.” 

One of the ambiguities cited in Griffin’s 15-page opinion is how the proposed ballot measure would change the law regarding the General Assembly’s authority to amend the state Constitution. 

Griffin also took issue with how the measure would amend the ballot title review process. By removing the option for the attorney general to reject the popular name and ballot title altogether, which is currently allowed under state law, Griffin said the measure would create a scenario whereby the state’s chief lawyer would be unable to act in certain circumstances.  

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“Therefore, you have misleadingly presented the matter as if, upon submission to the Attorney General, some version of the ballot title will always be certified that presents the voter with a ‘fair and reasonable understanding of the issues in the measure,’” the opinion states. “Yet you have instead established a system in which, at times, that will be impossible — just like it is here with your current submission.” 

In addition to ambiguity, Griffin also identified other problems, such as grammatical issues, in his opinion, which was prepared by Senior Assistant Attorney General Kelly Summerside. 

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. The League of Women Voters of Arkansas intends to continue efforts to join them.

“We encourage all Arkansans who value their role in shaping our state’s laws to stay engaged and support our efforts as we navigate this process,” Miller said. “Our dedication to preserving and enhancing direct democracy in Arkansas remains unwavering.”

Arkansas is one of 24 states that allows for citizen-led initiatives, according to the National Conference of State Legislatures. Altering that process has been a focus during the 2025 legislative session for some Arkansas lawmakers, most notably Sen. Kim Hammer, R-Benton, who is running for Secretary of State in 2026. 

A number of his proposals have already been signed into law this session, including legislation that would require canvassers to request a photo ID from potential signers and inform them that petition fraud is a criminal offense. 

Arkansas Advocate is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Arkansas Advocate maintains editorial independence. Contact Editor Sonny Albarado for questions: info@arkansasadvocate.com.

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