Ballot Issue Group Tries Again to Meet New 8th Grade Reading Level Requirement for Arkansas Citizen Initiative Titles

by Kristin Higgins - May 8, 2025

A proposed constitutional amendment submitted by Save AR Democracy, a ballot issue group made up League of Women Voters of Arkansas chapters, scored too high for a new threshold Arkansans must meet to qualify their citizen initiatives for the statewide ballot.

Act 602 of 2025 requires citizen initiatives to be judged by the Flesch Kincaid Grade Level test, scoring no higher than an eighth grade reading level. Sponsors said the law would ensure voters can understand the legal or constitutional changes being asked of them. 

The ballot title for "An Amendment Concerning Constitutional Amendments, Initiated Acts and Referendum" scored at grade 12, according to the Attorney General Opinion issued May 6. By May 7, Wednesday afternoon, attorney David Couch and the League of Women Voters were ready with a new version. Their fourth since March, but first under the new law that took effect April 14.

Couch said he tried multiple Flesch Kincaid calculators to check the score for the new title, which summarizes what voters would be asked to change in the 1874 Arkansas Constitution.

The new title under review:

BALLOT TITLE

This is a proposed change to the Arkansas Constitution.

The General Assembly (state lawmakers) cannot change the Constitution by themselves.

Before a statewide petition can be circulated, it must be sent to the Attorney General. The Attorney General will either approve the title, rewrite it, or reject it. If it is rewritten or rejected, that decision can be appealed to the Arkansas Supreme Court.

The Secretary of State will give the petition a name. The Secretary of State must also publish a notice that explains how people can challenge the name or title. Any challenge must be made within 45 days. No other challenges will be allowed after that time.

For referendums, state lawmakers will decide the name and title.

Canvassers must swear that to the best of their knowledge each signature was made by a legal voter who signed in their presence.

If a bill has an emergency clause, the vote on that clause must happen at least 24 hours after the bill passes.

Only the people, not state lawmakers, can propose a change to Article 5, Section 1 of the Constitution.

Any new law that effects the initiative or referendum process must be approved by voters at the next general election.

Any state law that conflicts with this amendment will not be valid. If part of the amendment is found to be invalid, the rest will still be valid if able to stand on its own.

The title scores at grade 7.9, according to https://goodcalculators.com/flesch-kincaid-calculator/. Read the full proposed amendment.

Why This Matters

Arkansas is one of 15 states where citizens can refer constitutional amendments, state laws and referendums to voters on the statewide ballot. Voters approved the process more than 100 years ago. Legislators can refer up to three constitutional amendments. 

The Arkansas Attorney General must certify a ballot title as being free of misleading or partisan language, and now meeting Act 602, before ballot issue groups can start petitioning voters for their signatures. To qualify a constitutional amendment for the statewide ballot, a ballot issue group must collect at least 90,704 signatures from voters in at least 50 counties.

"An Amendment Concerning Constitutional Amendments, Initiated Acts and Referendum" is the first citizen initiative submitted and rejected since the passage of Act 602.

The new law does not apply to proposals from the legislature or to four ballot titles certified before April 14, the date Act 602 went into effect because of its emergency clause. 

According to the recent Attorney General's Office Opinion, the problems identified in previous rejection letters have been addressed. The next opinion will set precedent for future citizen initiatives. The Attorney General's Office has 10 business days to review the ballot title and amendment. 

Lawsuit Underway

Sponsors of the proposed constitutional amendment are also involved in a federal lawsuit challenging several laws passed during the 2025 Arkansas legislative session, as well as several older laws involving the rules for people who collect voter signatures. The April 21 complaint says the laws are unconstitutional and violate the First and 14th Amendments.