Texarkana Gazette

Arkansas Issue 3: Initiative process, legslative referral

- By Michael R. Wickline Arkansas Democrat Gazette

In the Nov. 3 election, Arkansas voters will determine the fate of a proposed constituti­onal amendment that would make it more difficult for citizen-led groups and the Legislatur­e in the future to qualify such proposals for the ballot.

Issue 3 also would make it tougher for citizen-led groups to qualify proposed initiated acts and referendum­s for the ballot, too.

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, according to the University of Arkansas System Agricultur­e Division’s Public Policy Center.

That petitionin­g ability was first put in place in 1910, although it was not cemented in law until 1925 when the Arkansas Supreme Court upheld Amendment 7 of 1920. That’s the constituti­onal amendment that spelled out the citizen initiative process, the Public Policy Center said in its summary on Issue 3.

Under the constituti­on, the Legislatur­e also can put proposals before voters. Lawmakers can refer up to three proposed constituti­onal amendments for the general election ballot. They also can also refer a fourth amendment if it deals with legislativ­e salaries.

Among other provisions, Issue 3 would require initiative or referendum petitions to have a certain percentage of valid signatures of registered voters from each of

45 counties. The designated percentage would be based on the votes in each county in the most recent gubernator­ial election.

The constituti­on now sets that minimum at 15 of Arkansas’ 75 counties.

Signatures In 45 Counties

Rep. DeAnn Vaught, R-Horatio, and Sen. Mat Pitsch, R-Fort Smith, sponsored the proposal that’s backed by the Arkansas State Chamber of Commerce, Arkansas

Farm Bureau and the state Republican

Party.

Pitsch said voters should approve Issue 3 because “we have changed our constituti­on umpteen times over the last few elections.”

He said changing the constituti­on should be a slow and methodical process.

“The majority of those came from the Legislatur­e, [but] we need to make it tougher as well,” he said. Most of the ballot measures from citizen-led groups in recent elections have been largely financed with out-of-state funds, he said.

Kristin Foster, chairwoman of the Protect AR Rights committee that opposes Issue 3, said voters should reject Issue 3 because the current process for qualifying ballot measures is solid and “it gives people a voice at the ballot box.”

Issue 3 would make it virtually impossible for citizen-led groups to get measures on the ballot, and it would prevent the type of policies enacted through citizen-led initiative­s such as raising the state’s minimum wage and improving ethics laws, she said.

Medical marijuana was legalized through an initiated constituti­onal amendment, as was establishi­ng full-fledged casino gambling.

Legislativ­e Vote Threshold Higher

The proposed amendment also would eliminate the 30-day cure period, which gives proposal backers more time to gather signatures if the submitted petitions fall short on valid signatures, but contain at least 75% of the required number.

“It is just another attempt to keep people from having a say in this process,” Foster said. “Everyday Arkansans should have a voice in creating policy and laws in our state. Issue 3 would just limit that to politician­s and special interest groups.”

“That’s probably a reach by those who hate the idea” of Issue 3, Pitsch said. “We made it tough on the politician­s.”

Issue 3 would require a three-fifths vote of legislator­s — up from the current simple majority vote — to put proposals on the ballot.

That would be at least 60 votes in the 100-member House of Representa­tives and at least 21 in the 35-member Senate.

Other Changes

The proposed amendment also would:

■ Require initiative petitions for statewide measures to be filed with the secretary of state by Jan. 15 of the year they would be voted on. They are now required to be filed by four months before the election.

■ Require a challenge to the sufficienc­y of a statewide petition to be filed no later than April 15 of the year of the general election in which it shall be voted on.

Foster said many of the signatures for ballot measures are now collected in the spring and summer months at community events and moving the signature deadline to January would put that at a time that people are not even thinking about what is going on the ballot later in that year.

Issue 3 would become effective Jan. 1.

 ?? Arkansas Democrat Gazette ?? ■ Movers unload boxes of signatures from Arkansas Voters First on Monday, July 6, 2020, at the secretary of state’s office in Little Rock. The group was seeking a constituti­onal amendment that would establish an independen­t redistrict­ing commission.
Arkansas Democrat Gazette ■ Movers unload boxes of signatures from Arkansas Voters First on Monday, July 6, 2020, at the secretary of state’s office in Little Rock. The group was seeking a constituti­onal amendment that would establish an independen­t redistrict­ing commission.

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