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Kristin HigginsPublic Policy CenterPhone: 501-671-2160Email: khiggins@uada.edu
by Kristin Higgins - January 24, 2023
Arkansas legislators have reached the point in the 2023 legislative session where they file and debate proposed amendments to the Arkansas Constitution.
Lawmakers filed 33 proposals by the Feb. 8 deadline. They have the ability to refer three constitutional amendments to voters plus one related to their salary.
Find a full list of proposals and their sponsors below.
A Constitutional Amendment Concerning Constitutional Amendments Considered by Electors at a General Election; Providing That a Measure Submitted Under Arkansas Constitution, Article 5, § 1, Proposing an Amendment to the Arkansas Constitution Shall Become a Part of the Arkansas Constitution if At Least Two-Thirds of the Electors Voting at the General Election Adopt the Amendment; Providing That the General Assembly May Propose No More Than Two Constitutional Amendments at the Same General Election, Except That a Third Amendment May Be Proposed Addressing the Salaries of Certain Elected State Officials; Providing That an Amendment to the Arkansas Constitution Proposed by the General Assembly Shall Become a Part of the Arkansas Constitution If At Least Two-Thirds of the Electors Voting at the General Election Adopt the Amendment; and Providing That This Amendment Shall Become a Part of the Arkansas Constitution if At Least Two-Thirds of the Electors Voting at the General Election at Which it is Considered Adopt the Amendment
Aaron Pilkington
No popular name available
"The purpose of this joint resolution is to amend the Arkansas Constitution concerning the requirements for passage of initiated acts and constitutional amendments referred to voters."
*this is a "shell bill," which means more details could be added at a later date.
A Constitutional Amendment to Create a Procedure for the Recall of Persons Elected to the Offices of Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer of State, Auditor of State, Commissioner of State Lands, Member of the House of Representatives, Member of the Senate, Chief Justice of the Supreme Court, Justice of the Supreme Court, Chief Judge of the Court of Appeals, Judge of the Court of Appeals, Circuit Judge, District Judge, or Prosecuting Attorney
A Constitutional Amendment Requiring the General Assembly to Establish by Law a Revised Election Process; Requiring the General Assembly to Establish by Law an Election Process in which Candidates at a Primary Election, Special Primary Election, or Election for Nonpartisan Office Appear on a Single Ballot Regardless of Political Party Affiliation and the Top Two (2) Candidates Advance to the General Election or Special Election; and Requiring the General Assembly to Establish by Law a Process Based on Party Affiliation for Selecting Delegates to Attend a Quadrennial National Nominating Convention of a Political Party to Select a Nominee for the Office of President of the United States and a Process for Choosing and Electing Electors for President of the United States and Vice President of the United States
A Constitutional Amendment Providing that Supreme Court Justices, Court of Appeals Judges, Circuit Judges, and District Judges Shall Be Elected on a Partisan Basis
"The purpose of this joint resolution is to amend the Arkansas Constitution to repeal the office of Lieutenant Governor."
"The purpose of this joint resolution is to amend the Arkansas Constitution concerning the manner in which judicial elections are conducted."
"The purpose of this joint resolution is to amend the Arkansas Constitution concerning the ethics requirements for certain elected state officials."
"The purpose of this joint resolution is to amend Arkansas Constitution, Amendment 78, § 2, to allow additional options for the financing of fire equipment."
Kim Hammer
A Constitutional Amendment to Create the "Protect Arkansas Healthcare Amendment"; to Amend the Arkansas Constitution Concerning Reproductive Freedom; and to Repeal Arkansas Constitution, Amendment 68,. § 2
Deborah Ferguson
An Amendment to the Arkansas Constitution to Create an Implied Warranty of Habitability and to Provide Protections for Arkansas Tenants
Greg Leding
A Constitutional Amendment Permitting the State of Arkansas to be Sued as a Defendant in State Court to Enforce Constitutional Rights or as Otherwise Provided by Law.
Alan Clark
A Constitutional Amendment to Provide that Lottery Proceeds May Be Used to Fund or Provide Scholarships and Grants to Arkansas Citizens Enrolled in Vocational-Technical Schools and Technical Institutes
"The purpose of this joint resolution is to amend the Arkansas Constitution to legalize marijuana for the purposes of craft or home growing and adult use by Arkansas residents of a certain age."
A Constitutional Amendment Creating the Board of Pardons for the Purpose of Granting Pardons After Convictions; and Providing that a Person May Apply for a Pardon from either the Governor or the Board of Pardons
A Constitutional Amendment To Amend Constitutional Provisions Concerning Apportionment and to Create the Arkansas Apportionment Commission.
An Amendment to the Arkansas Constitution Providing that an Individual Shall Not Be Denied the Right to Conduct a Transaction Based Upon His or Her Personal Opinions or Beliefs, Including Without Limitation His or Her Religious Beliefs
"The purpose of this joint resolution is to amend the Arkansas Constitution concerning the powers and duties of the independent citizens commission."
"The purpose of this joint resolution is to amend the Arkansas Constitution to provide that the State Highway Commission shall be governed in the same manner as all other state agencies"
Jim Dotson
"The purpose of this joint resolution is to amend theArkansas Constitution concerning boards and commissions governing state institutions."
Jimmy Gazaway
Ben Gilmore
"The purpose of this joint resolution is to amend the Arkansas Constitution concerning the membership of the State Highway Commission."
Bryan King
An Amendment to the Arkansas Constitution Providing that No Tax Shall Be Levied on Personal Property Effective No Later Than January 1, 2050, and Providing That Personal Property and Real Property Are Not Required to be Taxed at an Equal Rate
Arkansas Taxpayer Protection Amendment
*this is a "shell bill," which means more details would be added at a later date.
"Arkansas Taxpayer Bill of Rights"
A Proposed Amendment to the Arkansas Constitution to Levy an Excise Tax of One-Half Percent (0.5%) on Certain Taxable Sales to Reimburse Counties for the Tax Revenue Reduction Resulting from the Homestead Property Tax Credit under Arkansas Constitution, Amendment 79, and Administer the Application of the Homestead Property Tax Credit under Arkansas Constitution, Amendment 79.
A Constitutional Amendment Providing that the General Assembly May Enact Laws Exempting Property from Taxation
A Constitutional Amendment to Authorize a County, City, Town, or Other Municipal Corporation to Fund and Administer a Water System Customer Assistance Program
Arkansas voters adopted the state constitution in 1874. The only way to change the constitution is through the legislative process currently underway or by citizens collecting and submitting enough voter signatures to qualify their proposals for the statewide ballot.
When you look at the document today, you will see 102 amendments. Voters in 2022 voted down all three proposals from the legislature as well as a proposed amendment from the citizen initiative process.
The Arkansas General Assembly considers constitutional amendments when they meet in an odd-numbered years. They are limited by the state constitution to proposing three constitutional amendments to voters plus one about their salary. Some years, they will send one proposal to the voters, or two or three. When they last considered proposals in 2021, legislators filed 43 constitutional amendments to review. That was one less than they filed in 2019 for the 2020 ballot.
In recent years, proposals covered a variety of topics, calling for partisan elections, a higher threshold for voter approval of ballot issues, renters rights, limits to lawsuit damages, eliminating personal property taxes, and more authority for lawmakers to call extraordinary sessions.
Once the Feb. 8 deadline passes, representatives and senators will narrow down the proposals at State Agencies and Governmental Affairs committee meetings.
Curious about how today's filings compare to the last session? Look back at 2019 legislative filings for the 2020 ballot.