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Requiring 60% Voter Approval To Change Arkansas Constitution Or Pass State Law Ballot Measures

Download Issue 2 Fact Sheet - Printer Friendly Version

Know Before You Vote

Proposed constitutional amendments appear at the end of your ballot. There you will see the issue's popular name and title. But more information exists. Read the complete text of Issue 3 as it appeared in the legislature.

The Public Policy Center has provided neutral information on statewide ballot issues since 2004. Find more information about Issue 2 on the Nov. 8, 2022 ballot in the sections below.

A Constitutional Amendment to Reform Certain Measures Presented to Voters, to be Known as the "Constitutional Amendment and Ballot Initiative Reform Amendment” 

An amendment to the Arkansas Constitution, to be known as the "constitutional amendment and ballot initiative reform amendment", concerning the number of votes required for approval of certain measures presented to voters; requiring that initiatives proposed under Arkansas Constitution, Article 5, § 1, 18 and constitutional amendments proposed under Arkansas Constitution, Article 19, § 22, and Arkansas Constitution, Amendment 70, § 2, shall be approved when receiving at least sixty percent (60%) of the votes cast on the proposed initiative or proposed constitutional amendment; and requiring that a measure subject to a referendum shall be repealed if the measure is rejected by a majority of the electors voting upon the matter.

Arkansas senators and representatives voted to place Issue 3 on the 2022 General Election Ballot. The Arkansas Constitution grants the legislature the right to include up to three constitutional amendments on the general election ballot.

Constitutional amendments currently require the approval of a majority of voters in a statewide election. Election Day is Nov. 8, 2022. 

Rep. David Ray of Maumelle and Sen. Bart Hester of Cave Springs 

 

What's being proposed?

This amendment asks voters to:

  • Increase the percentage of "FOR" votes needed to pass a constitutional amendment from a simple majority (50% plus 1) to 60% of the votes cast in an election.
  • Increase the percentage of "FOR" votes needed to pass a citizen-initiated state law from a simple majority (50% plus 1) to 60% of the votes cast in an election.
  • Estabish that the percentage of votes needed to approve a citizen-initiated referendum would remain at a simple majority (50% plus 1) of the votes cast in an election.

Quick View: What Does Your Vote Mean?

FOR: A FOR vote means you are in favor of changing the Arkansas Constitution to increase the percentage of favorable votes required to pass constitutional amendments proposed by citizens or the legislature, and to increase the percentage of favorable votes required to pass state laws proposed by citizens.

AGAINST: An AGINST vote means you are not in favor of changint the Arkansas Constitution to increase the percentage of favorable votes required to pass constitutional amendments proposed by citizens or the legislature, and to increase the percentage of favorable votes required to pass state laws proposed by citizens.

More About Issue 3

Initiated acts are state laws proposed by the public.

Constitutional amendments are changes to the state constitution. Referenda refers to special elections requested by voters on state laws passed by the legislature. Collectively,
these are often called ballot measures or ballot issues.

Once passed, constitutional amendments cannot be changed without a vote of the people, unless the amendment specifcally gives legislators or others authority to make
changes. Initiated acts, which are state laws, can be changed or repealed by a two-thirds vote of both houses of the General Assembly. 

The legislature and Arkansas citizens can change the existing state constitution through the ballot issue process.

Legislators have the right to refer ballot issues to the public. They can propose up to three amendments on the General Election ballot. Legislators also have the authority to propose a fourth amendment if it deals with legislative salaries.

The ability for citizens to petition voters was frst put in place in 1910, though it wasn’t cemented in law until 1925 when the Arkansas Supreme Court upheld Amendment 7 of
1920 that spelled out the citizen initiative process that is in the Constitution today.

Arkansas is one of 15 states that allow citizens the ability to collect voter signatures to put a proposed state law, constitutional amendment, or referendum on the ballot for
voters to decide.

The proposal focuses on statewide ballot measures. It would not change how many votes are needed to pass local ballot issues.

 

 

 

Who is supporting or opposing this measure?

The following statements are examples of what supporters and opponents have made public either in media statements, campaign literature, on websites or in interviews with Public Policy Center staff. The University of Arkansas System Division of Agriculture does not endorse or validate these statements

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Anim pariatur cliche reprehenderit, enim eiusmod high life accusamus terry richardson ad squid. 3 wolf moon officia aute, non cupidatat skateboard dolor brunch. Food truck quinoa nesciunt laborum eiusmod. Brunch 3 wolf moon tempor, sunt aliqua put a bird on it squid single-origin coffee nulla assumenda shoreditch et. Nihil anim keffiyeh helvetica, craft beer labore wes anderson cred nesciunt sapiente ea proident. Ad vegan excepteur butcher vice lomo. Leggings occaecat craft beer farm-to-table, raw denim aesthetic synth nesciunt you probably haven't heard of them accusamus labore sustainable VHS.

Supporters and opponents that spend money to campaign are required to register with the Arkansas Ethics Commission as a ballot or legislative question committee. Visit the Commission's website to view these filings, which include names of people behind a group and how much money has been raised or spent. 

Multiple groups have filed with the Arkansas Ethics Commission to financially support or oppose Issue 3. These groups include:

Support Oppose

Committee to Protect the Arkansas Constitution

Ethics Commission Filing 

 

Protect AR Voices

Ethics Commission Filing

 

Arkansans for Arkansans

Ethics Commission Filing

Save Arkansas Voter's Elections

Ethics Commission Filing

 

Defend Direct Democracy

Ethics Commission Filing

 

Protect AR Rights

Ethics Commission Filing

Website

 

Liberty Initiative Fund

Ethics Commission Filing

 

Citizens in Charge

Ethics Commission Filing

 


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Issue 1: Giving Senators and Representatives Authority to Call Special Legislative Sessions and Set Agenda

Download Issue 1 Fact Sheet - Printer Friendly Version

Know Before You Vote

Proposed constitutional amendments appear at the end of your ballot. There you will see the issue's popular name and title. But more information exists. Read the complete text of Issue 1 as it appeared in the legislature.

The Public Policy Center has provided neutral information on statewide ballot issues since 2004. Find more information about Issue 1 in the sections below or in our printer-friendly PDF.

A constitutional amendment to allow the General Assembly to convene in extraordinary session upon the issuance of a joint written proclamation of the speaker of the House of Representatives and the president pro tempore of the Senate or upon the submission of a written proclamation containing the signatures of at least 2/3 of the members of the House of Representatives and at least 2/3 of the members of the Senate to the speaker of the House of Representatives and the president pro tempore of the Senate requesting that the General Assembly convene in extraordinary session 

An amendment to the Arkansas Constitution to allow the General Assembly to convene in extraordinary session upon the issuance of a joint written proclamation of the speaker of the House of Representatives and the president pro tempore of the Senate or upon the submission of a written proclamation containing the signatures of at least two-thirds (2/3) of the members of the House of Representatives and at least two-thirds (2/3) of the members of the Senate to the speaker of the House of Representatives and the president pro tempore of the Senate requesting that the General Assembly convene in extraordinary session; providing that no business other than the purpose set forth in the joint written proclamation of the speaker of the House of Representatives and the president pro tempore of the Senate or the written proclamation containing the signatures of at least two-thirds (2/3) of the members of the House of Representatives and at least two-thirds (2/3) of the members of the Senate shall be considered at an extraordinary session convened under this amendment; requiring the General Assembly to establish by joint rule during each regular session procedures for an extraordinary session under this amendment; and providing that this amendment does not restrict the authority of the governor to convene an extraordinary session of the General Assembly under Arkansas Constitution, Article 6, §19. 

Arkansas senators and representatives voted to place Issue 1 on the 2022 General Election Ballot. The Arkansas Constitution grants the legislature the right to include up to three constitutional amendments on the general election ballot.

Constitutional amendments currently require the approval of a majority of voters in a statewide election. Election Day is Nov. 8, 2022. 

Sen. Breanne Davis of Russellville and Rep. Frances Cavenaugh of Walnut Ridge 


What's Being Proposed?

Arkansas legislators have proposed an amendment to the state constitution that would give them the authority to call special meetings of the legislature and decide the topic for those special sessions.  

This proposal would specifically amend Section 5 of Article 5 of the Arkansas Constitution that describes when regular and fiscal sessions take place. If approved, this new section would allow legislators to call a special session at any time if: 

  • The speaker of the House and president of the Senate jointly decide to convene lawmakers; or 
  • Two-thirds or more members of the state House and Senate jointly sign a written document calling for the special session. This would equal signatures from 66 of Arkansas’ 100 representatives and signatures from 23 of the state’s 35 senators. 

This proposal also would:  

    • Require lawmakers to create the rules for how a special session convened by them would operate. 

    • Put the speaker of the House and president of the Senate in charge of determining the dates of a special session called by themselves or the legislature 

    • Allow legislators to consider other topics during a special session they call as long as (1) the original business had ended and (2) two-thirds of lawmakers in the House and Senate vote in favor of allowing other topics. 

Quick View: What Does Your Vote Mean?

FOR: A FOR vote means you are in favor of changing the Arkansas Constitution to xxxxx.

AGAINST: An AGINST vote means you are not in favor of changint the Arkansas Constitution to xxxx

More About Issue 1

 

 

 

 

 

The day after the election. Nov. 9, 2022.


Who Is Supporting Or Opposing This Measure?

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Anim pariatur cliche reprehenderit, enim eiusmod high life accusamus terry richardson ad squid. 3 wolf moon officia aute, non cupidatat skateboard dolor brunch. Food truck quinoa nesciunt laborum eiusmod. Brunch 3 wolf moon tempor, sunt aliqua put a bird on it squid single-origin coffee nulla assumenda shoreditch et. Nihil anim keffiyeh helvetica, craft beer labore wes anderson cred nesciunt sapiente ea proident. Ad vegan excepteur butcher vice lomo. Leggings occaecat craft beer farm-to-table, raw denim aesthetic synth nesciunt you probably haven't heard of them accusamus labore sustainable VHS.

Supporters and opponents that spend money to campaign are required to register with the Arkansas Ethics Commission as a ballot or legislative question committee. Visit the Commission's website to view these filings, which include names of people behind a group and how much money has been raised or spent. 

Multiple groups have filed with the Arkansas Ethics Commission to financially support or oppose Issue 3. These groups include:

Support Oppose

Committee to Protect the Arkansas Constitution

Ethics Commission Filing 

 

Protect AR Voices

Ethics Commission Filing

 

Arkansans for Arkansans

Ethics Commission Filing

Save Arkansas Voter's Elections

Ethics Commission Filing

 

Defend Direct Democracy

Ethics Commission Filing

 

Protect AR Rights

Ethics Commission Filing

Website

 

Liberty Initiative Fund

Ethics Commission Filing

 

Citizens in Charge

Ethics Commission Filing

 

 

Did You Use Our Materials? Tell Us How We Did

Every election cycle, we ask voters "How did we do?" Take our anonymous survey and share with us whether the information was helpful or if you have any suggestions for improvement. 

 

 

Issue 5 -Single Ballot Primary With Top Four Candidates Advancing To General Election For Ranked Choice Voting and Instant Runoff

 

Struck from Ballot 

Final decision: On Sept. 2, sponsors filed a lawsuit in federal court raising freedom of speech issues and asked the federal judge to include this issue on the ballot. A federal judge on Sept. 15 rejected a request from the sponsor to keep Issue 5 on the ballot.

The Arkansas Supreme Court ruled Aug. 27, 2020 that Issue 5 did not qualify for the ballot because of problems with paperwork certifying that canvassers had passed required background checks. The signatures collected by those canvassers could not be counted, the court ruled. Therefore sponsors did not have the required 89,151 voter signatures to qualify the proposed constitutional amendment for the ballot. Read the court rulings online.

 

Download Issue 5 Fact Sheet

 

Know before you vote

On Election Day, you will see only the popular name and title of each proposal. Want to see the rest? Here's a link to the complete text of Issue 5

What's being proposed?

This amendment asks voters to: 

  • Adopt a top-four open primary system to elect federal congressional offices, the general assembly, governor, lieutenant governor, secretary of state, treasurer, auditor, attorney general and commissioner of state lands.
  • Require all candidates for these offices to be listed on a single ballot with a space for write-in candidates in primary elections.
  • Allow the four candidates who receive the most votes for a position in the primary election be placed on the general election ballot.
  • Give voters the choice to rank candidates in order of their preference in general elections when more than two candidates are running for the same office,
  • Eliminate a run-off election at a later date by establishing that the general election winner be determined by voter rankings rather than the current practice of holding a run-off election at a later date if no candidate gets a majority of the votes.
    • The candidate with the majority of first-choice votes would be declared the winner.
    • If no candidate has a majority of first-choice votes, the candidate with the fewest votes would be eliminated. For ballots in which the eliminated candidate was ranked first, the voters’ second choice would receive their vote.
    • The candidate with the majority of first-choice votes after this process would be declared the winner.
    • If no candidate has a majority at this point, this process would be repeated until a candidate receives a majority of votes.

 If passed, the proposed amendment would also:

  • Allow voters to select any of the candidates for these offices regardless of political-party affiliation.
  • Allow candidates affected by this amendment to identify their political party affiliation on the primary and general election ballots.
  • Allow political parties to indicate their preferred candidate on primary and general election ballots for the positions affected by this amendment.
  • Require legislators to pass laws necessary to put the new election system into place.

How did Issue 5 get on the ballot?

More than 89,151 Arkansas voters signed petitions circulated by Arkansas Voters First to put the proposed constitutional amendment on the ballot. This represents 10% of the number of people who voted for governor in the last election, which is the number of signatures required to place a constitutional amendment on the ballot.

Whether sponsors have enough valid signatures is up for debate between the sponsor and the Secretary of State and opponents. The sides are in disagreement over whether sponsors met canvassing paperwork requirements, which can affect whether sponsors met the signature threshold for their measure to be on the ballot. 

Sponsors filed a lawsuit July 17, 2020 to require this measure be on the ballot for voters to decide. The Arkansas Supreme Court will make the ultimate decision whether votes cast for or against this measure are counted.

Follow the lawsuit online.

Who is supporting or opposing this measure?

Supporters and opponentsthat spend money to campaign are required to register with the Arkansas Ethics Commission as a ballot or legislative question committee. Visit the Commission's website to view these filings, which include names of people behind a group and how much money has been raised or spent. 

Supporter Opponent

Arkansas Voters First

Ethics Commission Filing

Website

Arkansans For Transparency

Ethics Commission Filing

 

Open Primaries Arkansas

Ethics Commission Filing

Website

 

  

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