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Oct. 19, 2013
  
NEWS & NOTES
Arkansas Ballot Issues

Group Reserving Marriage Amendment for 2016 Ballot
Legalizing marijuana and same sex marriage continue to dominate the public arena of proposed ballot issues in Arkansas.

Ballot proposals dealing with both topics were rejected over the past month, although the Attorney General did approve a same-sex amendment proposed for the 2016 ballot.

Earlier this month, Jack Weir III told the Arkansas News Bureau that the group, Arkansas Initiative for Marriage Equality, intended to pass on the 2014 election cycle and focus instead on the 2016 ballot. The news article didn't include a reason and Weir did not return a call seeking comment Monday.

A second group targeting Arkansas' marriage law already has authority to collect signatures. The Attorney General's Office certification is the first step in the ballot issue process, which ends in July with the submission of signatures to the Secretary of State's office. 

Arkansas is one of 18 states where citizens can place issues on a statewide ballot after gathering signatures from registered voters. A complete list of the past month's AG opinions and news stories on ballot issues can be found below.

The Public Policy Center will continue to follow these issues and keep you updated on potential 2014 ballot measures. The Center will release fact sheets on proposed ballot issues referred from the legislature and the public closer to the November 2014 election.

Legislative Ballot Issues
Read up on the three ballot issues referred by the legislature. We include links to the ballot proposal, sponsors and financial impact forms. 

Attorney General Opinions
Read the latest Attorney General Opinions regarding proposed ballot issues.

Ballot Proposal News
Here you will find mentions of proposed ballot issues on news blogs and websites. 


AGAttorney General Opinions
 

The purpose of an Attorney General review and certification is to ensure that the popular name and ballot title honestly, intelligibly, and fairly set forth the purpose of the proposed amendment or act. Only after a ballot issue is certified can groups circulate petitions seeking voter signatures in support of putting the issue on the ballot.

 

Rejected Measures:

  

Oct. 23 - A second attempt at a proposed election spending law, "The Arkansas Political Spending and Conditional Limited Liability for Corporations Act," was rejected because of ambiguities in the text of the proposed law and deficiencies in the ballot title. The Attorney General's Office also found the proposal to be unconstitutional. "Your proposal is designed to penalize corporations for engaging in constitutionally-protected speech. Accordingly, it falls squarely within the unconstitutional conditions doctrine and is, therefore, clearly unconstitutional," Opinion 2013-138 states. The proposal was submitted by Paul Spencer, co-chair of Regnat Populus, of Little Rock.

 

Oct. 25 -  A third submission of "The Arkansas Marriage Amendment" by Jennifer Pierce of Little Rock was rejected because of confusion over what types of relationships would be legally recognized if the measure were to be approved. "The only attempt you have made to address this disconnect between your proposed ballot title and the text of your measure is to add a new provision to the text, and then include a verbatim copy of that language in the ballot title. That new provision states: "Arkansas law shall recognize all marriages validly entered into in another state." (Emphasis added.) But, as you can see from the foregoing, this leaves unaddressed the civil union provision (which pertains to unmarried persons)," Opinion No. 2013-130 stated.  

 

Oct. 29 - Another attempt at a proposed constitutional amendment, "Ban Prohibition of Cannabis," was rejected because of ambiguities in the ballot and text. Opinion No. 2013-131 stated, "The text of your measure is ambiguous in that it appears merely to assume, without ever declaring outright, that current laws prohibiting the sale of cannabis are repealed. You refer to a repeal of such laws in your ballot title but fail altogether to effect this repeal in your measure itself." Lieutenant Colonel Majorie LeClair of Shirley submitted the proposal. 

 

Nov. 18 - Lieutenant Colonel Majorie LeClair saw another rejection of "Ban Prohibition of Cannabis." "It is again apparent that your text is inadequate in that it fails in itself to effect any change in law. Rather, it merely announces what certain changes in the law "would" do, never actually declaring that approving the measure would in itself mandate or effect the described changes in law," Opinion No. 2013-140 stated.

 

 

Certified Measures - Approved for signature gathering:

 

Nov. 7 -  A proposed amendment that would recognize marriage being between two people regardless of gender, and would repeal an existing amendment banning same sex marriage was approved. Opinion No. 2013-135 certified the measure submitted by Jack Weir III of Maumelle. Weir submitted the measure as "The Arkansas Marriage Amendment," although the Attorney General's office offered a "more correct name" of "The Arkansas Same-Sex Marriage Amendment."

 

Oct. 3 - Arkansans for Compassionate Care's proposed ballot issue seeking to make the medical use and sale of marijuana legal was approved for signature gathering. Opinion No. 2013-118 certified "The Arkansas Medical Cannabis Act," which was submitted by Melissa Fults, Campaign Director for Arkansans for Compassionate Care, of Hensley.

 

Sept. 19 - A proposed constitutional amendment seeking to repeal an existing amendment on same-sex marriage was certified. Opinion No. 2013-114 certified the measure "Repeal of the Arkansas Marriage Amendment." The proposal was submitted by Christina Harrison, founder of Arkansans for Equality, of Little Rock. Arkansans approved the original amendment in 2004 with 75 percent of the vote in favor. 

 

Sept. 16 - A proposed constitutional amendment to change the terms of county officials from two years to four years was certified. Opinion No. 2013-110 certified the ballot title, "Four Year Terms of Office For Elected County Officials, Justices of the Peace, and Constables." David Dinwiddie of Pine Bluff submitted the ballot issue.  

 

Aug. 6 - Arkansans for Responsible Medicine saw their proposed ballot issue seeking to make the medical use and sale of marijuana legal approved for signature gathering. Opinion No. 2013-081 said the popular name and ballot title for the "Arkansas Medical Marijuana Act" are "sufficient as proposed." The proposed ballot issue was submitted by David Couch, representing Arkansans for Responsible Medicine.

 

Jan. 1 - In Opinion No. 2012-148, the Attorney General approved the popular name and ballot title submitted by the Regnat Populus ballot question committee. The committee submitted "The Campaign Finance and Lobbying Act of 2014."
  • Constitutional amendments require 78,133 valid signatures
  • State statutes require 62,507 valid signatures 
    • The deadline to submit signatures is July 7, 2014  
NewsIn the News
  • "Ar Atty. General Certifies Ballot Title for Medical Marijuana Act "  Nwahomepage.com

HouseLegislative Ballot Measures On the 2014 Ballot

  
Ethics, Transparency and Financial Reform - HJR 1009 
Sponsor: Rep. Sabin

 

A proposed Constitutional Amendment concerning elected state officials, including without limitation ethics and service of elected state officials.

The Arkansas Elected Officials Ethics, Transparency, and Financial Reform Amendment of 2014. This 21-page proposal involves three different issues. 1) It would allow legislators to serve 16 years total in the House or Senate, whereas they are now limited to specific number of years in each chamber. 2) It would create an independent commission to set salaries of state elected officials. 3) It would place limits on lobbying by former legislators and set limits 
on campaign donations and gifts from lobbyists. 
  
____________________________________________________________________________________
  
  
Administrative Rules Promulgated by State Agencies - SJR 7
Sponsor: Sen. Dismang
  
A proposed Constitutional Amendment concerning administrative rules promulgated by state agencies.

An Amendment Concerning the Review and Approval of Administrative Rules By a Legislative Committee. This proposal would give legislative committees prior review of of new state agency rules before they go into effect. 
  
______________________________________________________________________________________
  
Initiative and Referendum Amendment - SJR 16
Sponsor: Sen. Sample
  
A proposed Constitutional Amendment concerning imitative and referendum.

An Amendment Concerning Initiative and Referendum. The proposal would establish a signature threshold for ballot issue groups to meet if they want more time to collect additional signatures after turning in petitions to the Secretary of State. Petitions would need to contain at least 75 percent of valid signatures for a group to receive more time. Groups are usually given 30 additional days after submitting their original petitions to gather more signatures in case they fall short on the required number to place an issue on the ballot.
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Know of a potential ballot issue? E-mail the information to publicpolicycenter@uaex.edu
You can find fact sheets on past ballot issues at http://ppc.uaex.edu
  
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The Public Policy Center was established in 2004 to provide Arkansans with timely, credible, unbiased and research-based information and education about public issues. Public issues are defined as pressing and emerging issues that involve multiple points of view and have widespread consequences. Our goals are to:

  • increase citizen knowledge, awareness and understanding of public issues;
  • enhance public participation in decisions regarding public issues and
  • help citizens craft, evaluate and implement alternative solutions to public issues.

University of Arkansas Division of Agriculture - http://www.uaex.edu

 

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