3 | 2 | | *MBM044* 01/17/2025 10:19:28 AM MBM044 |
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4 | 3 | | State of Arkansas 1 |
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5 | 4 | | 95th General Assembly A Bill 2 |
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6 | 5 | | Regular Session, 2025 HOUSE BILL 1221 3 |
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7 | 6 | | 4 |
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8 | 7 | | By: Representative Ray 5 |
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9 | 8 | | By: Senator K. Hammer 6 |
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10 | 9 | | 7 |
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11 | 10 | | For An Act To Be Entitled 8 |
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12 | 11 | | AN ACT TO AMEND ARKANSAS LAW CONCERNING INITIATIVES, 9 |
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13 | 12 | | REFERENDA, AND CONSTITUTIONAL AMENDMENTS; TO DECLARE 10 |
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14 | 13 | | AN EMERGENCY; AND FOR OTHER PURPOSES. 11 |
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15 | 14 | | 12 |
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16 | 15 | | 13 |
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17 | 16 | | Subtitle 14 |
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18 | 17 | | TO AMEND ARKANSAS LAW CONCERNING 15 |
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19 | 18 | | INITIATIVES, REFERENDA, AND 16 |
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20 | 19 | | CONSTITUTIONAL AMENDMENTS; AND TO 17 |
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21 | 20 | | DECLARE AN EMERGENCY. 18 |
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22 | 21 | | 19 |
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23 | 22 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20 |
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24 | 23 | | 21 |
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25 | 24 | | SECTION 1. Arkansas Code § 7 -9-103, concerning the signing of 22 |
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26 | 25 | | initiative or referendum petitions, is amended to add an additional 23 |
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27 | 26 | | subsection to read as follows: 24 |
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28 | 27 | | (e) A signature on an initiative or referendum petition is not valid 25 |
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29 | 28 | | and shall not be counted for any purpose if the signature was obtained after 26 |
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30 | 29 | | the date of the next general election following the certification of the 27 |
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31 | 30 | | ballot title and popular name under § 7 -9-107. 28 |
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32 | 31 | | 29 |
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33 | 32 | | SECTION 2. Arkansas Code § 7 -9-107, concerning the filing of the 30 |
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34 | 33 | | original draft of a proposed measure with the Attorney General before 31 |
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35 | 34 | | circulation, is amended to add an additional subsection to read as follows: 32 |
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36 | 35 | | (g) The certification of a ballot title and popular name under this 33 |
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37 | 36 | | section shall expire on the date of the next general election after the 34 |
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38 | 37 | | certification of the ballot title and popular name. 35 |
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39 | 38 | | 36 HB1221 |
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40 | 39 | | |
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41 | 40 | | 2 01/17/2025 10:19:28 AM MBM044 |
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42 | 41 | | 1 |
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43 | 42 | | SECTION 3. Arkansas Code § 7 -9-126(c), concerning the counting of 2 |
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44 | 43 | | signatures on initiative and referendum petitions, is amended to read as 3 |
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45 | 44 | | follows: 4 |
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46 | 45 | | (c) The following signatures shall not be counted for any purpose by 5 |
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47 | 46 | | the official charged with verifying the signatures, including the initial 6 |
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48 | 47 | | count of signatures: 7 |
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49 | 48 | | (1) A signature that is not an original signature; 8 |
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50 | 49 | | (2) A signature that is obviously not that of the purported 9 |
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51 | 50 | | petitioner; 10 |
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52 | 51 | | (3) A signature that is illegible; 11 |
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53 | 52 | | (4) A signature that is not accompanied by personally 12 |
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54 | 53 | | identifying information; 13 |
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55 | 54 | | (5) A signature for which the corresponding printed name, 14 |
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56 | 55 | | address, birth date, or date of signing is written by someone other than the 15 |
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57 | 56 | | signer except under circumstances of disability of the signer; 16 |
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58 | 57 | | (6) A signature obtained before the submission and approval of 17 |
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59 | 58 | | the ballot title under § 7 -9-107; 18 |
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60 | 59 | | (7) A signature obtained after the date of the next general 19 |
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61 | 60 | | election following the certification of the ballot title and popular name 20 |
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62 | 61 | | under § 7-9-107; and 21 |
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63 | 62 | | (7)(8) A signature that has any other material defect that, on 22 |
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64 | 63 | | its face, renders the signature invalid. 23 |
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65 | 64 | | 24 |
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66 | 65 | | SECTION 4. SEVERABILITY. The provisions of this act are declared to 25 |
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67 | 66 | | be severable and the invalidity of any provision of this act shall not affect 26 |
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68 | 67 | | other provisions of the act which can be given effect without the invalid 27 |
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69 | 68 | | provision. 28 |
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70 | 69 | | 29 |
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71 | 70 | | SECTION 5. EMERGENCY CLAUSE. It is found and determined by the 30 |
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72 | 71 | | General Assembly of the State of Arkansas that the process for citizens to 31 |
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73 | 72 | | propose initiated acts and amendments to the Arkansas Constitution is 32 |
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74 | 73 | | critical to a well-functioning democracy in this state; that it is of the 33 |
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75 | 74 | | utmost importance that the integrity of the initiative process be 34 |
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76 | 75 | | strengthened through this act so that voters maintain a high degree of 35 |
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77 | 76 | | confidence in the actions of government; that few things are more important 36 HB1221 |
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78 | 77 | | |
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80 | 79 | | to the public peace, health, and safety than maintaining trust in the actions 1 |
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81 | 80 | | of government; that the changes to the initiative process under this act are 2 |
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82 | 81 | | critical to ensure that integrity is maintained in the initiative process; 3 |
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83 | 82 | | and that any delay in the implementation of this act would disrupt the 4 |
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84 | 83 | | initiative process for the 2026 general election, which would have a 5 |
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85 | 84 | | detrimental effect on the public peace, health, and safety of Arkansas. 6 |
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86 | 85 | | Therefore, an emergency is declared to exist, and this act being immediately 7 |
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87 | 86 | | necessary for the preservation of the public peace, health, and safety shall 8 |
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88 | 87 | | become effective on: 9 |
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89 | 88 | | (1) The date of its approval by the Governor; 10 |
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90 | 89 | | (2) If the bill is neither approved nor vetoed by the Governor, 11 |
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91 | 90 | | the expiration of the period of time during which the Governor may veto the 12 |
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92 | 91 | | bill; or 13 |
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93 | 92 | | (3) If the bill is vetoed by the Governor and the veto is 14 |
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94 | 93 | | overridden, the date the last house overrides the veto. 15 |
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95 | 94 | | 16 |
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96 | 95 | | 17 |
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