The Arkansas Senate and House on Monday handily approved identical bills that would transfer the attorney general's authority to review the wording of proposed initiated acts and constitutional amendments to the state Board of Election Commissioners.
The attorney general's office now has the responsibility to consider certifying the ballot titles and popular names for proposed ballot measures under Act 195 of 1943, said Amanda Priest, a spokesman for Attorney General Leslie Rutledge. The attorney general's certification of that wording is required before the sponsor of a proposed measure may begin circulating petitions to gather the required number of signatures of registered voters to qualify for the ballot.
After about 13 minutes of discussion, the Senate voted 26-5 to approve Senate Bill 346 by Sen. Mathew Pitsch, R-Fort Smith, to shift the authority to the state election commissioners. SB346 now goes to the House for further consideration.
The House voted 78-13 to approve an identical bill -- House Bill 1489 by Rep. DeAnn Vaught, R-Horatio -- without any debate. HB1489 now goes to the Senate for further action.
Sen. Will Bond, D-Little Rock, told senators that he and Family Council President Jerry Cox agree that the legislation would make it a little tougher on the "little guy with limited means" to qualify a proposed measure for the ballot.
"I don't think that it does ... because the steps are smaller than what they used to be," Pitsch said.
He said in an interview that "the little guy is going to have to provide his own legal counsel rather than having free legal advice from the attorney general."
Under the bills, the Board of Election Commissioners would receive the ballot title and popular name from the secretary of state's office, after the sponsor of the ballot proposal submits petitions to the secretary of state's office for that office to determine the sufficiency of the signatures.
The board would have 30 days to determine whether to certify the ballot title and popular name.
Under the bills, the proposal's sponsor or a registered voter may petition the state Supreme Court to consider reviewing the matter if the secretary of state's office determines insufficient signatures were submitted or if the Board of Election Commissioners declines to certify the ballot wording.
The bills would require the Supreme Court to act expeditiously in its review of these matters.
Rutledge drew sharp criticism early last year from some ballot-measure proponents for declining to certify their popular names and ballot titles.
She then asked lawmakers to fix the initiative process.
Rutledge said Monday, "From the onset, I supported this piece of legislation, which will enact a clear, concise and fair process for Arkansans to amend the State Constitution.
"This streamlined process will increase transparency by requiring public debate and a vote by the Election Commission, a bipartisan group, for all ballot measures proposed by Arkansans," the Republican attorney general said in a written statement.
The Board of Election Commissioners is composed of the secretary of state as the chairman, two members appointed by the governor, and one member each appointed by the chairman of the state Democratic Party, the chairman of the state Republican Party, the Senate president pro tempore and the House speaker, according to the commission's website. The board's members are Republican Secretary of State John Thurston, Clark County Clerk Rhonda Cole, James Harmon Smith, Bilenda Harris-Ritter, Amanda Hurst, Charles Roberts and James Sharp, according to the board's website.
"Article 5 Section 1 of the Arkansas Constitution clearly outlines the authority of the Election Commission as well as the Secretary of State's Office [and] the legislation passed today mirrors that authority," Rutledge said.
Article 5, Section 1 states in part, under the heading of "The Petition": "At the time of filing petitions the exact title to be used on the ballot shall by the petitioners be submitted with the petition, and on state-wide measures, shall be submitted to the State Board of Election Commissioners, who shall certify such title to the Secretary of State, to be placed upon the ballot."
But in an interview, attorney Scott Trotter of Little Rock said the Arkansas Constitution doesn't allow the Legislature to grant the Board of Election Commissioners the power to determine the sufficiency of ballot titles and popular names.
"They have no authority to judge the popular name and ballot title," he said.
Trotter said he guarantees that if the two bills are enacted, then the state Supreme Court will be asked to declare unconstitutional a declaration by the Board of Election Commissioners that a ballot title or popular name is insufficient.
SB346 and HB1489 also would increase the penalty for petition fraud from a Class A misdemeanor to a Class D felony. A Class A misdemeanor is punishable by up to a year in jail or a fine up to $2,500. A Class D felony is punishable by up to six years in a prison and a fine up to $10,000.
Chris Powell, a spokesman for Thurston, said, "This was not in our legislative package, but we support" the bills.
"This legislation brings the petition process more in line with the state constitution and also strengthens penalties for petition fraud," Powell said in a written statement.
A Section on 02/26/2019