Secretary of State files for dismissal of lawsuit challenging initiated act signature requirement

Secretary’s reply claims immunity

Arkansas Secretary of State John Thurston (left) and state Sen. Bryan King, R-Green Forest, are shown in these undated file photos.
Arkansas Secretary of State John Thurston (left) and state Sen. Bryan King, R-Green Forest, are shown in these undated file photos.


Secretary of State John Thurston has moved to dismiss a lawsuit challenging the legality of a new law that increases signature requirements on the petition procedure that allows Arkansans to bypass the Legislature and directly pass laws.

The litigation was brought by Republican state Sen. Bryan King of Green Forest and the Arkansas chapter of the League of Women Voters. Represented by attorney David Couch, they're asking Pulaski County Circuit Judge Herb Wright declare Act 236 unconstitutional. No hearings have been set.

The law requires that petitions for proposed statutes, known as initiated acts, and constitutional amendments get signatures from residents of at least 50 of the state's 75 counties before those proposals can be considered by voters. Before the law was changed in March, petitioners needed to collect signatures from 15 counties.

Supporters, like Senate President Pro Tempore Bart Hester, R-Cave Springs, say the act, now codified as Arkansas Code 7-9-126, is necessary to protect Arkansas from out-of-state billionaires who want to influence Arkansas politics by promoting potential laws and constitutional amendments.

In 2020, voters rejected a Legislature-backed constitutional amendment that would have increased the county requirement from 15 to 45.

Thurston's response to the suit, filed on Wednesday by Assistant Attorney General Justin Brasher, claims the secretary is protected from litigation by sovereign immunity since the plaintiffs cannot prove the new law requires Thurston to do anything wrong.

Thurston further argues that the law meets constitutional muster in that it comports with the state Constitution, which requires signatures from "at least 15 counties."

He further disputes that the plaintiffs have any grounds to sue since they have not been affected by the new signature requirements.

"Act 236 does not currently harm plaintiffs in any way, yet they still wish to challenge its constitutionality," Thurston argues in his motion for dismissal. "Plaintiffs are not gathering signatures for any initiatives or referendums, and plaintiffs do not even identify any initiatives or referendums that they are working on that would potentially be harmed by this Act."

Announcing the filing of the suit in March, three days after Gov. Sarah Huckabee Sanders signed Act 236 into law, King said the law was not passed "in the best interest of Arkansans."

"It will hamper the grassroots efforts of Arkansans to propose their own laws and to hold the General Assembly accountable," King stated. "We should not diminish the power of our citizens. Let the people have their voices heard."

Lawmakers can put their proposed constitutional amendments before voters by passing a bill with simple majorities in the House and Senate.

For a petition-backed initiative to get on the ballot, supporters must collect signatures amounting to 8 percent of the votes cast for governor in the previous election. For proposed constitutional amendments, the threshold is 10 percent.


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