Ballot issues: No, no, no, no

Measures serve someone’s interests, but not the public’s

Let’s make this simple. Arkansas voters should reject all four of the proposed constitutional amendments on the Nov.8 ballot.

The first three were proposed by the Arkansas Legislature and the fourth by citizen initiative. None are necessary and some are downright bad.

Issue 1

The first of the legislatively proposed issues is, quite simply, a bit of self-dealing by an increasingly power-hungry state Legislature.

This amendment is intended to give lawmakers power they don’t have now to call a special session. That power that is currently limited to the governor’s discretion alone.

Proposed Issue 1 would change the state Constitution to allow special sessions to be called not just by the governor but also by two other means.

One would be by a joint written proclamation of the speaker of the House of Representatives and the president pro tempore of the Senate.

The other would allow at least two-thirds of the members of each chamber of the Legislature to sign a proclamation to convene the Legislature in special session.

Lawmakers, not the governor, would control the agenda for sessions they call.

Think back to the skirmishes between the Legislature and Gov. Asa Hutchinson over his administration’s use of executive powers during the difficult days of the pandemic.

Mind you, this was a Republican-controlled Legislature and a Republican governor.

Yet lawmakers would gladly have usurped the governor’s responsibilities, aggravating the situation.

Additionally, Issue 1 would further weaken the already weak office of governor and at a time when the state will have a new, inexperienced governor — no matter who wins.

Plus, there’s another telltale clue on how bad this amendment is. Some of the people who spend the most time and energy currying favor with the Legislature are putting their money into an opposition campaign to fight Issue 1.

We’re talking about the Arkansas State Chamber of Commerce and Arkansas Farm Bureau among others, who seem to think the Legislature already meets often enough.

Issue 2

The Legislature calls this one a “reform” amendment but what it does is limit the direct power of the people of this state when it comes to initiatives.

Issue 2 would increase the number of votes required to pass most statewide ballot issues. Currently, such issues can pass with a simple majority vote, or 50% plus one vote.

To its credit, the Legislature would require the same 60% vote to pass one of the amendments it proposes as it would require for initiatives.

Citizen-initiated acts would also require a 60% vote to pass, although citizen referenda of existing laws would still be decided by a simple majority.

The objective here seems to be to cut down on the number of ballot issues that pass and get embedded in the state’s 1874 Constitution, which already has 102 amendments.

Among amendments approved in the last 20 years that would not have passed, if a 60% vote had been required, include an overhaul of the court system, a 5% sales tax for state and local road construction, changes to legislative term limits, medical marijuana and casino gaming.

Issue 3

Issue 3 purports to add to protections for religious freedom in Arkansas, specifically as relates to government; but opponents contend that such rights are already protected by both the state and federal constitutions as well as other laws.

Part of the criticism results from vague and overbroad language in Issue 3 and the legislation that sent it to voters.

It just seems to be an unnecessary reach on behalf of religious freedom and a potential detriment to other public purposes.

Issue 4

The lone citizen initiative to make it to the ballot this year, Issue 4 would amend this state’s medical marijuana amendment to allow sale and use of recreational marijuana, too.

The idea of decriminalizing the adult use of cannabis — and taxing its sale — certainly has its upside. But is it worth approving a flawed amendment?

There is no question Issue 4 is flawed, if for no reason other than its silence on what happens to all those people previously convicted of state charges for possession or use of a drug that would be made legal for adult use by Issue 4.

There are other problems with the proposed amendment, too, including the favoritism it shows to those who are already in the medical marijuana business, either cultivating or selling it in this state. They will automatically get licenses to grow and sell adult use or nonmedical marijuana.

There is authorization for 12 additional cultivation licenses and 40 dispensary licenses for adult-use marijuana, all of which will be issued through a lottery system.

The rules for the newer operations will differ from the established licensees’ rules. For example, while older cultivators are not limited in the number of plants they may grow, the newer licensees will have a 250-plant limit at one time.

That’s what happens when the funding to support a proposal comes largely from within the existing industry. They drafted the amendment to cut out parts of the older medical marijuana amendment they didn’t like and put in provisions they wanted added.

And, to make the changes permanent, they won’t let the Legislature touch these laws. Changes will have to come via constitutional amendment and another statewide vote.

For more detail on all of these ballot issues, from a neutral source, check out the 2022 Arkansas Ballot Issue Voter Guide produced by the Public Policy Center at the University of Arkansas System Division of Agriculture. It is available for download from www.uaex.uada.edu/ballot.

Brenda Blagg is a freelance columnist and longtime journalist in Northwest Arkansas. Email her at brendajblagg@gmail.com.