Little Rock attorney David Couch submitted paperwork Monday for a proposed constitutional amendment to reform the state' direct democracy process, which would change how ballot language for proposed measures is approved and restrict the ability of the state legislature to change amendments initiated by voters.
Couch said the amendment, which he filed with the attorney general's office, aims to "help the people protect and use their right" strengthening the rights of citizens to proposes changes to state laws or the constitution.
"It gives the people more power and less power to the politicians," Couch said in an interview.
To make the ballot, Couch's amendment will need at 90,704 signatures from voters in at least 50 counties. He will have until July 5 to collect the signatures.
If approved, the amendment would change the current process for how ballot language for a proposed amendment is approved by eliminating the attorney general's ability to outright reject ballot wording for a proposed amendment, instead requiring them to certify it or rewrite it. If they object to the rewritten ballot wording, the sponsor of the measure could file a complaint with the Arkansas Supreme Court.
The attorney general's approval for ballot wording is required before a campaigner can begin collecting signatures for their petition to get the measure on the ballot. Citizen-led ballot campaigns, whether a constitutional amendment or act, are required to have a brief summary of what their proposal would do if approved, called a "ballot title." Under an Arkansas law passed in 2023, the attorney general may reject a ballot title if it is found to be misleading.
Repeated rejections of ballot language have frustrated campaigners who have said the attorney general's office has deliberately delayed their petition efforts, which need to be turned in to the secretary of state's office by July 5.
Attorney General Tim Griffin has said his office has rejected ballot language for proposed amendments based on state law which requires the attorney general to ensure the ballot language doesn't mislead voters about its intentions. The amendment also would require the attorney general to respond within 10 calendar days, instead of the current status quo of 10 business days, as a way to expedite the review process.
"Over the last year I have a been working with the League of Women Voters and other interested individuals and groups to develop a policy to protect our constitutional right to direct democracy," Couch said in a statement.
A veteran direct democracy campaigner, Couch has been openly critical of Griffin, including filing a lawsuit against the Republican attorney general over rejections of a proposed amendment to strengthen the state's Freedom of Information Act. However, the group dropped its lawsuit after Griffin approved wording for its amendment.
Also under the amendment, the General Assembly would not be able to amend voter-initiated constitutional amendments, an attempt to settle an ongoing legal question about the powers of the Legislature. The debate was sparked again by a ruling from a Pulaski County circuit judge in June that declared 27 laws the General Assembly passed regulating medical marijuana to be void and unconstitutional.
The ruling by Pulaski County Circuit Judge Morgan "Chip" Welch said since medical marijuana was legalized through a constitutional amendment initiated by voters, it can only be amended by the voters. The state has argued the General Assembly may amend any constitutional amendment, whether it's initiated by voters or the Legislature, with a two-thirds vote. The case is ongoing and likely will be appealed to the Arkansas Supreme Court.
OTHER ASPECTS
The amendment also would change how the legislature can pass emergency clauses, requiring a 24-hour delay between a vote on a bill and its emergency clause. The emergency clause is a parliamentary procedure the legislature uses that makes laws take effect immediately upon passage.
The issue became salient last summer after education activists and Phillips County residents sued the state, arguing the General Assembly misstepped when passing the emergency clause for the LEARNS Act, Gov. Sarah Huckabee Sanders' education law.
The Supreme Court ruled in favor of the state, saying the legislative practice of holding a simultaneous vote on a bill that was recorded separately in the official House and Senate journals fulfilled the constitutional requirement that emergency clauses be approved through a "separate roll call" vote.
Couch said the proposed 24-hour rule is way of forcing the legislature to hold separate votes on a bill and the emergency clause.
Couch's proposed amendment also would make changes to the state's referendum process, requiring all laws to include a ballot title and popular name. Under the state Constitution, citizens have 90 days after the end of the legislative session to collect signatures to put a law the General Assembly passed to a referendum.
The most recent attempt at such an effort was this summer when Citizens for Arkansas Public Education and Students attempted to put the LEARNS Act to a referendum. But the group was delayed in its signature collection efforts, as it took several attempts to get their ballot wording approved by the attorney general.
If approved, all legislation would come with the necessary ballot language needed for it to be put to a referendum.
Also included in the amendment is a provision barring the state legislature from referring a constitutional amendment to voters that would change the initiative and referendum process.
The amendment also would eliminate the need for canvassers to have their signed petitions notarized. Instead, canvassers will be required to sign a statement under penalty of perjury to verify the signatures are real.