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Kristin Higgins
Public Policy Center
Phone: 501-671-2160
Email: khiggins@uada.edu
University of Arkansas Division of Agriculture
Cooperative Extension Service
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Little Rock, AR 72204
In the Weeds: The Amendment Concerning Constitutional Amendments, Initiated Acts, and Referendums
Go into the weeds with us on the "Amendment Concerning Constitutional Amendments, Initiated Acts, and Referendums," a proposed 2026 ballot issue. Find links and more information about the proposal.
We will publish a voter guide on all 2026 Arkansas ballot issues in September. In the meantime, this blog post shares information about this proposed citizen initiative.
Ballot Information
The popular name may be called the title by some people:
An Amendment Concerning Constitutional Amendments, Initiated Acts, and Referendums
Sometimes called a ballot summary, this is the information that appears on voter petitions and would appear on the ballot if the issue qualifies:
This is a proposed change to the Arkansas Constitution. The General Assembly cannot change or repeal a constitutional amendment that voters have approved. Before a statewide petition can be circulated, the proposed law and ballot title must be sent to the Attorney General. Within 10 days, the Attorney General approves the ballot title, rewrites it, or rejects it. The Attorney General approves the ballot title if it clearly explains the issues. If it does not, the Attorney General rewrites it. If no substituted language can explain the issues clearly, the Attorney General rejects the title. If the Attorney General rewrites or rejects the title, that decision can be appealed to the Arkansas Supreme Court immediately. The Court shall hear and decide the case quickly. Once a ballot title is approved, the Attorney General sends it to the Secretary of State. Within 5 days, the Secretary of State gives the petition a popular name. The name cannot be misleading or partisan. The Secretary of State must also publish a notice that explains how the name or title can be challenged. Any challenge must be made within 45 days. After that, no other challenges are allowed. For statewide referendums, the ballot title is the title of the Act given by the General Assembly. The popular name is the subtitle. Canvassers must declare that to the best of their knowledge each signature was made by a legal voter who signed in front of them. Previously, canvassers signed an affidavit. This changes the affidavit to a declaration under penalty of perjury. If a bill has an emergency clause, the vote on that clause must be held at least 24 hours after the bill passes. Only the people can propose a change to Article 5, Section 1 of the Constitution. The General Assembly cannot refer an amendment to that section to the people for a vote. If a law affects the people’s right to the initiative or referendum process, the law only takes effect if voters approve it at the next general election. Laws that regulate these rights must serve a compelling state interest. They must be narrowly tailored to serve that interest. This measure repeals all inconsistent state laws. If part of the amendment is held invalid, the rest will still be valid if it can stand on its own.
Voters see the popular name and ballot title on Election Day. The full text of proposed amendments do not appear on the ballot.
The Arkansas Attorney General is responsible for certifying that popular names and ballot titles are free from misleading information. Only after this certification can sponsors start collecting voter signatures.
Date Certified: May 21, 2025
Sponsors must collect signatures from at least 90,704 Arkansas voters, with a certain percentage coming from at least 15 counties. A judge ruled that a state law requiring signatures from 50 counties was unconstitutional. The state has appealed this decision to the Arkansas Supreme Court.
The deadline to submit signatures is July 3, 2026.
Ethics Commission Information
Supporters and opponents of a proposed ballot issue are required to file paperwork with the Arkansas Ethics Commission upon raising or spending $500.
Save AR Democracy - Ballot Question Committee Statement of Organization
League of Women Voters of Arkansas - Ballot Question Committee Statement of Organization
To see the financial statements filed by Arkansas Citizens for Transparency, go to https://www.arkansasethics.com/ and click on "LO-BQC, BQC, AND LQC FILINGS"
Use the drop down menu to find the group's name. Doing this will reveal their filings with the Arkansas Ethics Commission.
As of May 26, 2026, there are no opponents registered with the Arkansas Ethics Commission.
Websites
Websites for supporters and opponents will be added as they are known.