Stricken language would be deleted from and underlined language would be added to the Arkansas
Constitution.
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State of Arkansas As Engrossed: S2/22/23 1
94th General Assembly 2
Regular Session, 2023 SJR 2 3
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By: Senator J. Payton 5
By: Representatives Cavenaugh, G. Hodges 6
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SENATE JOINT RESOLUTION 8
AN AMENDMENT TO THE ARKANSAS CONSTITUTIO N TO CREATE A 9
PROCEDURE FOR THE RE CALL OF PERSONS ELEC TED TO THE 10
OFFICES OF GOVERNOR, LIEUTENANT GOVERNOR, ATTORNEY 11
GENERAL, SECRETARY O F STATE, TREASURER O F STATE, 12
AUDITOR OF STATE, CO MMISSIONER OF STATE LANDS, MEMBER 13
OF THE HOUSE OF REPR ESENTATIVES, MEMBER OF THE 14
SENATE, CHIEF JUSTIC E OF THE SUPREME COU RT, JUSTICE 15
OF THE SUPREME COURT , CHIEF JUDGE OF THE COURT OF 16
APPEALS, JUDGE OF TH E COURT OF APPEALS, CIRCUIT 17
JUDGE, DISTRICT JUDG E, PROSECUTING ATTOR NEY, COUNTY 18
JUDGE, JUSTICE OF THE PE ACE, SHERIFF, CIRCUI T CLERK, 19
COUNTY CLERK, ASSESS OR, CORONER, TREASUR ER, COUNTY 20
SURVEYOR, COLLECTOR OF TAXES, OR CONSTAB LE. 21
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Subtitle 24
A CONSTITUTIONAL AMENDMENT TO CREATE A 25
PROCEDURE FOR THE RECALL OF CERTAIN 26
ELECTED OFFICIALS. 27
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BE IT RESOLVED BY THE SENATE OF THE NINETY -FOURTH GENERAL ASSEMBLY OF THE 30
STATE OF ARKANSAS, AND BY THE HOUSE OF REPRESENTATIVES, A MAJORITY OF ALL 31
MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO: 32
33
THAT the following is proposed as an amendment to the Constitution of 34
the State of Arkansas, and upon being submitted to the electors of the state 35
for approval or rejection at the next general election for Representatives 36 As Engrossed: S2/22/23 SJR2
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and Senators, if a majority of the electors voting thereon at the election 1
adopt the amendment, the amendment shall become a part of the Constitution of 2
the State of Arkansas, to wit: 3
4
SECTION 1. The Arkansas Constitution is amended to add an additional 5
amendment to read as follows: 6
§ 1. Definitions. 7
As used in this amendment: 8
(1) "Elected official" means a person elected or appointed to 9
one (1) of the following offices: 10
(A) Governor; 11
(B) Lieutenant Governor; 12
(C) Attorney General; 13
(D) Secretary of State; 14
(E) Treasurer of State; 15
(F) Auditor of State; 16
(G) Commissioner of State Lands; 17
(H) Member of the House of Representatives; 18
(I) Member of the Senate; 19
(J) Chief Justice of the Supreme Court; 20
(K) Justice of the Supreme Court; 21
(L) Chief Judge of the Court of Appeals; 22
(M) Judge of the Court of Appeals; 23
(N) Circuit court judge; 24
(O) District court judge; 25
(P) Prosecuting attorney; 26
(Q) County judge; 27
(R) Justice of the peace; 28
(S) Sheriff; 29
(T) Circuit clerk; 30
(U) County clerk; 31
(V) Assessor; 32
(W) Coroner; 33
(X) Treasurer; 34
(Y) County surveyor; 35
(Z) Collector of taxes; or 36 As Engrossed: S2/22/23 SJR2
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(AA) Constable. 1
(2) "Recall" means the voting by the electors of the state or a 2
district, circuit, county, or township, as the case m ay be, to ascertain 3
whether or not it is the desire of the majority of the electors to allow an 4
elected official to remain in that office for the duration of his or her 5
elected term; and 6
(3) “Recall petition” means one (1) or more sheets of signatures 7
of qualified electors demanding the recall of an elected official. 8
9
§ 2. Petition. 10
(a) The qualified electors of the state or a district, circuit, 11
county, or township, as the case may be, may petition for the recall of an 12
elected official by filing a recall petition demanding the recall of the 13
elected official. 14
(b)(1)(A) The recall petition for the recall of an elected official 15
elected statewide shall be signed by qualified electors of the state in a 16
number of at least twenty -five percent (25%) of t he votes cast for Governor 17
at the last general election at which a Governor was elected. 18
(B) At least ten percent (10%) of the number of statewide 19
signatures of qualified electors collected under subdivision (b)(1)(A) of 20
this section shall be from at least fifty (50) different counties of the 21
state. 22
(2) The recall petition for an elected official elected by a 23
district shall be signed by qualified electors of the district in which the 24
elected official is serving in a number of at least twenty -five percent (25%) 25
of the votes cast for Governor within the district at the last general 26
election at which a Governor was elected. 27
(3) The recall petition for an elected official elected by 28
a circuit shall be signed by qualified electors of the circuit in which the 29
elected official is serving in a number of at least twenty -five percent (25%) 30
of the votes cast for Governor within the circuit at the last general 31
election at which a Governor was elected. 32
(4) The recall petition for an elected official el ected by 33
a county shall be signed by qualified electors of the county in which the 34
elected official is serving in a number of at least twenty -five percent (25%) 35
of the votes cast for Governor within the county at the last general election 36 As Engrossed: S2/22/23 SJR2
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at which a Governor was elected. 1
(5) The recall petition for an elected official elected by 2
a township shall be signed by qualified electors of the township in which the 3
elected official is serving in a number of at least twenty -five percent (25%) 4
of the votes cast fo r Governor within the township at the last general 5
election at which a Governor was elected. 6
(c) If an elected official's position requires performing the duties 7
of more than one (1) office under § 1(1) of this amendment, a single recall 8
petition is required which shall encompass all offices. 9
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§ 3. Recall of elected officials. 11
(a)(1)(A) The recall of an elected official shall be initiated by 12
filing a notice of intent to circulate a recall petition with the Secretary 13
of State. 14
(B) If the Secretary of State is the subject of the recall 15
petition, the notice of intent shall be filed with the Attorney General. 16
(2) No recall petition shall be circulated before the notice of 17
intent is filed. 18
(3) The notice of intent to circulate a recall petition shall 19
state the reason the elected official should be recalled. 20
(4) The filer of the notice of intent to circulate a recall 21
petition shall within five (5) calendar days after filing the notice of 22
intent notify the elected official who will be t he subject of a recall 23
petition by certified mail with return receipt requested. 24
(b)(1) Each sheet of a recall petition shall contain signatures from 25
only one (1) county. 26
(2) The sheets of a recall petition shall be organized by county 27
to facilitate voter identification. 28
(c)(1) The recall petition shall be filed with the Secretary of State 29
not less than sixty (60) calendar days nor more than eighty (80) calendar 30
days after the filing of the notice of intent to circulate a recall petition. 31
(2) If the Secretary of State is the subject of the recall 32
petition, the recall petition shall be filed with the Attorney General. 33
(d)(1)(A) Within thirty (30) calendar days after the recall petition 34
is filed, the Secretary of State shall determine whether the recall petition 35
is sufficient and, if the recall petition is sufficient, shall state the 36 As Engrossed: S2/22/23 SJR2
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sufficiency in a letter to the filer of the notice of intent. 1
(B) If the Secretary of State is the subject of the recall 2
petition, the Attorney General shall dete rmine whether the recall petition is 3
sufficient and, if the recall petition is sufficient, shall state the 4
sufficiency in a letter to the filer of the notice of intent. 5
(2)(A) If the recall petition is found to be insufficient, the 6
letter shall state th e reasons creating the insufficiency. 7
(B)(i) The recall petition may be amended to correct or 8
amend an insufficiency within thirty (30) calendar days after the original 9
determination of insufficiency. 10
(ii) An amended or corrected recall petition s hall 11
be filed with the Secretary of State or, if the Secretary of State is the 12
subject of the recall petition, the Attorney General. 13
(C) For a statewide recall petition, correction or 14
amendment of an insufficient recall petition shall be permitted on ly if: 15
(i) The recall petition contains valid signatures of 16
qualified electors equal to at least seventy -five percent (75%) of the number 17
of statewide signatures of qualified electors required; and 18
(ii) At least ten percent (10%) of the number of 19
statewide signatures of qualified electors submitted on the recall petition 20
are from at least fifty (50) counties of the state. 21
(3)(A) Within fifteen (15) calendar days after the filing of an 22
amended recall petition, the Secretary of State shall e xamine the recall 23
petition again to determine sufficiency and shall state the sufficiency of 24
the amended recall petition in a letter to the filer of the notice of intent 25
to circulate a recall petition. 26
(B) If the Secretary of State is the subject of th e recall 27
petition, then within fifteen (15) calendar days after the filing of an 28
amended recall petition the Attorney Genera l shall examine the recall 29
petition again to determine sufficiency and shall state the sufficiency of 30
the amended recall petition in a letter to the filer of the notice of intent 31
to circulate a recall petition. 32
(e)(1)(A) Immediately upon finding an original or amended recall 33
petition sufficient, the Secretary of State shall notify the Governor who 34
shall immediately call a special ele ction for the purpose of submitting the 35
recall proposal to the appropriate electors. 36 As Engrossed: S2/22/23 SJR2
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(B) If the Secretary of State is the subject of the recall 1
petition, the Attorney General shall notify the Governor immediately upon 2
finding an original or amended rec all petition sufficient. 3
(C) If the Governor is the subject of the recall petition, 4
the Secretary of State shall notify the Lieutenant Governor, who shall 5
immediately call a special election. 6
(2)(A) The special election for the purpose of submitting the 7
recall proposal to the appropriate electors shall be held within ninety (90) 8
calendar days after the call for a special election. 9
(B) However, if the next following general election is to 10
be held within one hundred twenty (120) calendar days of the original or 11
amended recall petition being found sufficient, the recall proposal shall be 12
submitted at the next following general election. 13
(f) If the Attorney General performs one (1) or more duties of the 14
Secretary of State under this sectio n due to the Secretary of State being the 15
subject of the recall petition, the Attorney General may employ outside legal 16
counsel to defend a legal challenge regarding the sufficiency of a recall 17
petition. 18
19
§ 4. Form of recall petition. 20
(a) The recall petition regarding an elected official shall be in 21
substantially the following form: 22
"PETITION FOR RECALL 23
To the Secretary of State [or the Attorney General, if the Secretary of State 24
is the subject of the recall petition]: 25
We, the undersigned qualified electors of 26
________________________________________ 27
(Arkansas or District, Circuit, 28
County, or Township) 29
respectfully order that ____________________________________________________ 30
(Name of Elected Official) 31
be referred to the people of ___________________________________________ 32
(Arkansas or District, Circuit, County, 33
or Township) 34
to the end that the recall of the elected official may be approved or 35
rejected by the vote of the qualified electors at an election to be held for 36 As Engrossed: S2/22/23 SJR2
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this purpose; and each of us for himself or herself says: I have personally 1
signed this petition; I am a qualified elector of (Arkansas or District, 2
Circuit, County, or Township) , and my printed name, date of birth, residence, 3
city or town of residence, and dat e of signing this petition are correctly 4
written after my signature.” 5
(b)(1) Each sheet of each recall petition containing the signatures 6
shall be verified by the person who circulated the sheet of the recall 7
petition by his or her affidavit attached to the recall petition. 8
(2) The affidavit shall be in substantially the following form: 9
"STATE OF ARKANSAS ) 10
COUNTY_____________ ) 11
I, ________________________, under oath, state that the above -listed persons 12
signed this sheet, and each of them sig ned his or her name on this sheet in 13
my presence. I believe that each has correctly stated his or her name, date 14
of birth, residence, city or town of residence, and date of signing the 15
petition. 16
Signature ____________________________________________ 17
Address ________________________________________________ 18
Subscribed and sworn to before me this the ______day of ________, ____. 19
Signature ____________________________________________________ 20
Notary Public 21
My Commission Expires: ____________________________ ________." 22
(c) A petition shall be sufficient if it substantially follows the 23
format of this section, disregarding clerical and technical errors. 24
25
§ 5. Ballot. 26
(a) At the election the recall proposal shall be printed on the ballot 27
in substantially the following form: 28
Name: Office: 29
“For Permitting _______________________ ________________________to 30
continue to serve the term of office for which elected ............ /_/ 31
32
Name: Office: 33
Against Permitting _________ ___________ ______________________ to 34
continue to serve the term of office for which elected ........... /_/.” 35
(b)(1) If at the election a majority of the qualified electors voting 36 As Engrossed: S2/22/23 SJR2
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on the recall proposal vote against permitting the elected offici al to 1
continue to serve the term of office to which he or she was elected, an 2
immediate vacancy shall exist in the office, and the vacancy shall be filled 3
in the manner prescribed by law. 4
(2) If at the election a majority of the qualified electors 5
voting on the recall proposal vote for permitting the elected official to 6
continue to serve the term of office for which he or she elected, the elected 7
official shall serve the full term for which he or she was elected. 8
9
§ 6. Frequency of recall. 10
After one (1) recall petition and election, no further recall petition 11
shall be filed against the same elected official during the same term of 12
office. 13
14
§ 7. Recall expenses. 15
All expenses of an election for the recall of an elected official shall 16
be paid for in the same manner and from the same source as provided by 17
applicable law for election expenses. 18
19
§ 8. Ballot question. 20
(a) A recall proposal shall be considered a ballot question for 21
purposes of applicable laws on measures referred to voters. 22
(b) An elected official, any person or entity acting on behalf of an 23
elected official, or any other person or entity who receives contributions or 24
makes expenditures for the purpose of attempting to influence the 25
qualification, passage, or defeat of a rec all petition or recall proposal 26
shall be considered a ballot question committee and shall comply with 27
applicable laws on measures referred to voters. 28
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SECTION 2. EFFECTIVE DATE. This amendment shall be effective on and 30
after January 1, 2025. 31
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SECTION 3. BALLOT TITLE AND POPULAR NAME. When this proposed 33
amendment is submitted to the electors of this state on the general election 34
ballot: 35
(1) The title of this Joint Resolution shall be the ballot 36 As Engrossed: S2/22/23 SJR2
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title; and 1
(2) The popular name shall be "A Co nstitutional Amendment t o 2
Create a Procedure for the Recall of Persons Elected to the Offices of 3
Governor, Lieutenant Governor, Attorney General, Secretary of State, 4
Treasurer of State, Auditor of State, Commissioner of State Lands, Member of 5
the House of Representatives, Member of the Senate, Chief Justice of the 6
Supreme Court, Justice of the Supreme Court, Chief Judge of the Court of 7
Appeals, Judge of the Court of Appeals, Circuit Judge, District Judge, County 8
Judge, Justice of the Peace, Sheriff, Circuit Clerk, County Clerk, Assessor, 9
Coroner, Treasurer, County Surveyor, Collector of Taxes, or Constable". 10
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/s/J. Payton 12
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