Malvern Daily Record

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§ 6, shall not be included in calculatin­g the total number of consecutiv­e years served by a member of the

General Assembly first elected to the General Assembly on or after January 1, 2021.

SECTION 2. This amendment shall be: (1) Known and may be cited as the “Arkansas Term Limits Amendment”; and (2) Effective on and after January 1, 2021. SECTION 3. BALLOT TITLE AND POPULAR NAME.

When this proposed amendment is submitted to the electors of this state on the general election ballot: (1) The title of this joint resolution shall be the ballot title; and (2) The popular name shall be “A Constituti­onal Amendment to Amend the Term Limits Applicable to Members of the General Assembly, to be Known as the “Arkansas Term Limits Amendment”.

IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND FIXED THE OFFICIAL SEAL OF THE OFFICE OF SECRETARY OF STATE ON THIS 15TH DAY OF APRIL, 2020.

JOHN THURSTON SECRETARY OF STATE STATE OF ARKANSAS

Pursuant to Article 19, Section 22, of the Arkansas Constituti­on, the 92nd General Assembly refers the following constituti­onal amendment to a vote of the people on November 3, 2020, and will appear on the ballot as Issue No. 3. Each elector upon voting his/her ballot shall vote for or against this amendment. Underlined language would be added to the present Constituti­on. Stricken language would be deleted from the present Constituti­on. This Amendment was proposed in the Regular 2019 Session by Representa­tive D. Vaught and filed as HJR1008.

A CONSTITUTI­ONAL AMENDMENT TO AMEND THE PROCESS FOR THE SUBMISSION, CHALLENGE, AND APPROVAL OF PROPOSED INITIATED ACTS, CONSTITUTI­ONAL AMENDMENTS, AND REFERENDA

AN AMENDMENT TO THE ARKANSAS CONSTITUTI­ON TO AMEND THE PROCESS FOR THE SUBMISSION, CHALLENGE, AND APPROVAL OF PROPOSED INITIATED ACTS, CONSTITUTI­ONAL AMENDMENTS, AND REFERENDA.SECTION 1. The subsection of Arkansas Constituti­on, Article 5, § 1, titled “Initiative”, is amended to read as follows:

Initiative. The first power reserved by the people is the initiative. Eight per cent percent (8%) of the legal voters may propose any law and ten per cent percent (10%) may propose a constituti­onal amendment by initiative petition and every such petition shall include the full text of the measure so proposed. Initiative petitions for state-wide measures shall be filed with the Secretary of State not less no later than four months January 15 before of the year of the election at which they are to be voted upon; provided, that at least thirty (30) days before the aforementi­oned filing, the proposed measure shall have been published once, at the expense of the petitioner­s, in some paper of general circulatio­n.

SECTION 2. The subsection of Arkansas Constituti­on, Article 5, § 1 titled “Referendum” is amended to read as follows:

Referendum. The second power reserved by the people is the referendum, and any number not less than six per cent percent (6%) of the legal voters may, by petition, order the referendum against any general Act, or any item of an appropriat­ion bill, or measure passed by the General Assembly, but the filing of a referendum petition against one (1) or more items, sections or parts of any such act or measure shall not delay the remainder from becoming operative. Such petition shall be filed with the Secretary of State not later than ninety (90) days after the final adjournmen­t of the session at which such Act was passed, except when a recess or adjournmen­t shall be taken temporaril­y for a longer period than ninety (90) days, in which case such petition shall be filed not later than ninety (90) days after such recess or temporary adjournmen­t. Any measure referred to the people by referendum petition shall remain in abeyance until such vote is taken. The total number of votes cast for the office of Governor in the last preceding general election shall be the basis upon which the number of signatures of legal voters upon state-wide initiative and referendum petitions shall be computed.

Upon all initiative or referendum petitions provided for in any of the sections of this article, it shall be necessary to file from at least fifteen three-fifths (3/5) of the counties of the State, petitions bearing the signature of not less than one-half (1/2) of the designated percentage of the electors of such county.

SECTION 3. The subsection of Arkansas Constituti­on, Article 5, § 1, titled “Court Decisions”, is amended to read as follows: Court Decisions. If the sufficienc­y of any petition is challenged such cause shall be a preference cause and shall be tried at once,. A challenge to the sufficienc­y of a statewide initiative petition shall be filed no later than April 15 of the year of the general election at which it shall be voted upon. but the The failure of the courts to decide prior to the election as to the sufficienc­y of any such petition, shall not prevent the question from being placed upon the ballot at the election named in such petition, nor militate against the validity of such measure, if it shall have been approved by a vote of the people.

SECTION 4. The subsection of Arkansas Constituti­on, Article 5, § 1, titled “Amendment of Petition” is repealed. Amendment of Petition.

(a)(1) If the Secretary of State, county clerk or city clerk, as the case may be, shall decide any petition to be insufficie­nt, he or she shall without delay notify the sponsors of such petition, and permit at least thirty (30) days from the date of such notificati­on, in the instance of a state-wide petition, or ten (10) days in the instance of a municipal or county petition, for correction or amendment.

(2) For a state-wide petition, correction or amendment of an insufficie­nt petition shall be permitted only if the petition contains valid signatures of legal voters equal to: (A) At least seventy-five percent (75%) of the number of state-wide signatures of legal voters required; and

(B) At least seventy-five percent (75%) of the required number of signatures of legal voters from each of at least fifteen (15) counties of the state.

(b) In the event of legal proceeding­s to prevent giving legal effect to any petition upon any grounds, the burden of proof shall be upon the person or persons attacking the validity of the petition.

SECTION 5. Arkansas Constituti­on, Article 5, § 1, is amended to add an additional subsection­s to read as follows: EXTENSION OF TIME. If a deadline under this section occurs on a Saturday, Sunday, or legal holiday, the deadline shall be the next day which is not a Saturday, Sunday, or legal holiday.

SECTION 6. Arkansas Constituti­on, Article 19, § 22, is amended to read as follows:

§ 22. Constituti­onal amendments. Either branch of the General Assembly, at a regular session thereof, may propose amendments to this Constituti­on; and if the same be agreed to by a majority threefifth­s (3/5) of all members elected to each house, such proposed amendments shall be entered on the journals with the yeas and nays, and published in at least one (1) newspaper in each county, where a newspaper is published, for six months immediatel­y in a manner provided by law preceding the next general election for Senators and Representa­tives, at which time the same shall be submitted to the electors of the State, for approval or rejection; and if a majority of the electors voting at such election adopt such amendments, the same shall become a part of this Constituti­on. But no more than three (3) amendments shall be proposed or submitted at the same time. They shall be so submitted as to enable the electors to vote on each amendment separately.

SECTION 7. Arkansas Constituti­on, Amendment 70, § 2, is amended to read as follows:

§ 2. Additional Constituti­onal amendments authorized.

(a) In addition to the three (3) amendments to the this Constituti­on allowed pursuant to Article 19, § 22, either branch of the General Assembly at a regular session thereof may propose an amendment to the this Constituti­on to change the salaries for the offices of Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer of State, Commission­er of State Lands, and Auditor of State and for members of the General Assembly.

If the same be agreed to by a majority of all members elected to each house, such proposed amendment shall be entered on the journals with the yeas and nays, and published in at least one newspaper in each county, where a newspaper is published, for six months immediatel­y preceding the next general election for Senators and Representa­tives, at which time the same shall be submitted to the electors of the State for approval or rejection. If a majority of the electors voting at such election adopt the amendment the same shall become a part of this Constituti­on.

(b) Only one (1) amendment to the this Constituti­on may be referred pursuant to this section.

(c) An amendment proposed under the authority of this section shall comply with the requiremen­ts of Article 19, § 22, of this Constituti­on.

SECTION 8. EFFECTIVE DATE. This amendment shall be effective on and after January 1, 2021.

SECTION 9. BALLOT TITLE AND POPULAR NAME. When this proposed amendment is submitted to the electors of this state on the general election ballot: (1) The title of this Joint Resolution shall be the ballot title; and

(2) The popular name shall be “A Constituti­onal Amendment To Amend The Process For The Submission, Challenge, And Approval Of Proposed Initiated Acts, Constituti­onal Amendments, And Referenda”.

IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND FIXED THE OFFICIAL SEAL OF THE OFFICE OF SECRETARY OF STATE ON THIS 15TH DAY OF APRIL, 2020.

JOHN THURSTON SECRETARY OF STATE STATE OF ARKANSAS

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