(a) Before any statewide initiative petition, statewide referendum petition, local initiative petition, or local referendum petition ordering a vote upon any amendment or act shall be circulated for obtaining signatures of petitioners, the sponsors shall submit the original draft with the: (1) Attorney General for statewide initiative petitions and referendum petitions; and (2) The county clerk where the petition is being circulated for local initiative petitions and referendum petitions in accordance with § 14-14-917. (b) The original draft shall include: (1) The full text of the proposed measure; (2) A ballot title for the proposed measure; and (3) A popular name for the proposed measure. (c) The Attorney General or the county clerk shall return to the sponsor a file-marked copy of the original draft that shall serve as evidence that the original draft was filed in compliance with this section. (d)(1) Within ten (10) business days, the Attorney General or the county clerk with the assistance of the county civil attorney shall approve and certify or shall substitute and certify a more suitable and correct ballot title and popular name for each amendment or act. (2) The ballot title so submitted or supplied by the Attorney General or the county clerk shall briefly and concisely state the purpose of the proposed measure. (e)(1) After a proposed measure has been certified by the Attorney General, within five (5) business days of soliciting or otherwise gathering signatures for a proposed measure, the sponsor shall provide the following information to the Secretary of State: (A) The full text of the proposed measure; (B) The certified ballot title for the proposed measure; (C) The certified popular name for the proposed measure; and (D) The letter from the Attorney General certifying the proposed measure. (2)(A) The Secretary of State shall post the information provided under subdivisions (e)(1)(A)(C) of this section on the Secretary of State’s website within five (5) days of receiving the information from the sponsor. (B) Except as provided in subdivision (e)(2)(C) of this section, the information provided under subdivisions (e)(1)(A)-(C) of this section shall remain on the Secretary of State’s website until the day following the next general election. (C) The Secretary of State may remove the information provided under subdivisions (e)(1)(A)-(C) of this section from the Secretary of State’s website if: (i) The proposed measure fails to qualify for the ballot for lack of signatures; (ii) The sponsor of the proposed measure is not actively obtaining signatures for the proposed measure and requests that the Secretary of State remove the information from the Secretary of State’s website; (iii) The proposed measure has been removed from the ballot by: (a) The Supreme Court; or Previous Next Page INITIATIVES, REFERENDA, ETC. 7-9-107 (b) An Arkansas circuit court and the time for filing the notice of appeal has expired; or (iv) The Secretary of State independently determines that the language submitted by the sponsor does not accurately reflect a proposed measure certified by the Attorney General or that is actively being circulated for signatures to the people of Arkansas. (f) If, as a result of his or her review of the ballot title and popular name of a proposed initiated act, proposed amendment to the Arkansas Constitution, or a local ordinance or resolution, the Attorney General or the county clerk determines that the ballot title or the nature of the issue, is presented in such manner that the ballot title would be misleading or designed in such manner that a vote “FOR” the issue would be a vote against the matter or viewpoint that the voter believes himself or herself casting a vote for, or, conversely, that a vote “AGAINST” the issue would be a vote for a viewpoint that the voter is against, or that the text of the proposal conflicts with the United States Constitution or a federal statute, the Attorney General or the county clerk with the assistance of the county civil attorney may reject the entire ballot title, popular name, and petition and state his or her reasons therefor and instruct the petitioners to redesign the proposed measure and the ballot title and popular name in a manner that would not be misleading or in conflict with the United States Constitution or a federal statute. (g) If the Secretary of State independently determines that a proposed measure is actively being circulated for signatures to the people of Arkansas and the sponsor has not submitted the information required under subdivision (e)(1) of this section to the Secretary of State, the Secretary of State may obtain the information from the Attorney General and post the information required under subdivisions (e)(1)(A)-(C) of this section on the Secretary of State’s website. (h) If the sponsor of a proposed measure fails to comply with this section, that failure shall not contribute in any way to a determination by the Secretary of State that the proposed measure, or any individual signature submitted to the Secretary of State in connection with the proposed measure, is insufficient for any reason. (i) If the Attorney General refuses to act or if the sponsors feel aggrieved at the Attorney General’s acts in such premises, the sponsors may, by petition, apply to the Supreme Court for proper relief. (j) The certification of a ballot title and popular name under this section shall expire on the date of the next general election after the certification of the ballot title and popular name. (k)(1) A sponsor shall not submit multiple initiative petitions or referendum petitions that are conflicting measures under this section for review, except as follows: (A) If an initiative petition or referendum petition is certified under this section, a sponsor may submit an initiative petition or referendum petition that is a conflicting measure with the certified initiative petition or certified referendum petition after the date of the next general election following the certification; or (B) If an initiative petition or referendum petition is rejected under this section, a sponsor may submit an initiative petition or referendum petition that is a conflicting measure with the rejected initiative petition or referendum petition. (2)(A) The Attorney General shall reject all statewide initiative petitions and statewide referendum petitions that are submitted by a sponsor in violation of this subsection. (B) The county clerk shall reject all local initiative petitions and local referendum petitions that are submitted by a sponsor in violation of this subsection in accordance with § 14-14-917. (3) As used in this subsection, “conflicting measures” means two (2) or more initiative petitions or referendum petitions that: (A) Cover the same subject matter; (B) Are for the same general purpose; and (C) Contain different language in any part of their full texts, ballot titles, or popular names. (l)(1) The Attorney General shall not certify a proposed ballot title with a reading level above eighth grade as determined by the Flesch-Kincaid Grade Level formula as it existed on January 1, 2025. Previous Next Page 7-9-108 ELECTIONS (2) If the Attorney General rejects a proposed ballot title under subdivision (l)(1) of this section, the Attorney General shall state the reasons for rejection and instruct the petitioners to redesign the proposed ballot title or proposed measure in a manner that does not violate this subsection.
§ Ark. Code § 7-9-107Filing of original draft before circulation
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