The League of Women Voters of Arkansas and state Sen. Bryan King filed a lawsuit Friday challenging a newly passed state law that increases the number of counties needed to get an initiated act or constitutional amendment on the ballot.
Prior to the law's passage, ballot petitions needed signatures from voters in at least 15 counties around the state. Act 236 increases the number of counties to 50.
In a lawsuit filed Friday in Pulaski County Circuit Court, plaintiffs claim the law violates the state's constitution, which prescribes how voters can get questions on the ballot. Article 1, Section 5, of the Arkansas Constitution requires "it shall be necessary to file from at least fifteen of the counties of the State" to get initiated acts or constitutional amendments on the ballot.
"This law was not passed in the best interest of Arkansans, and it will hamper the grassroots efforts of Arkansans to propose their own laws and to hold the General Assembly accountable," King, R-Green Forest, said in a news release. "We should not diminish the power of our citizens. Let the people have their voices heard."
In 2020, voters rejected a proposed constitutional amendment that would have increased the number of counties represented on a ballot petition from 15 to 45. The constitutional amendment was referred to voters by the General Assembly.
"Their last two attempts failed miserably, so now they're trying a different tactic -- they're trying to amend our constitution through a bill which does not require a vote of the people, and this is clearly unconstitutional," Bonnie Miller, president of the League of Women Voters of Arkansas, said in a news release. "The new law will make ballot measures so expensive that only out-of-state special interests will be able to afford the cost to collect signatures."
[DOCUMENT: Read Lawsuit filed regarding Act 236 » arkansasonline.com/311act236/]
For supporters, the law is about ensuring rural representation in the ballot petition process by requiring voters from more counties around the state are involved. The Senate approved the bill Monday, sending it to Gov. Sarah Huckabee Sanders, who signed it into law the following day.
"The governor supported the bill because she wants to ensure all Arkansans, especially rural residents, have a voice in this process," Sanders' spokeswoman Alexa Henning said in a statement.
"I stand ready to defend the Act," Attorney General Tim Griffin said in a statement to the Arkansas Democrat-Gazette.
Senate President Pro Tempore Bart Hester, R-Cave Springs, said earlier this week the law would protect the state from out-of-state billionaires wanting to influence Arkansas politics through ballot questions. The bill's sponsor, Rep. Kendon Underwood, R-Cave Springs, did not return a request to comment.
For an initiative to make it onto the ballot, it requires signatures amounting to 8% of the votes cast for governor in the previous election. For constitutional amendments, the threshold is 10%.
Lawmakers can refer constitutional amendments to the voters by approving a bill with simple majorities in the House and Senate.