Stricken language would be deleted from and underlined language would be added to present law. Act 153 of the Regular Session *MBM044* 01/17/2025 10:19:28 AM MBM044 State of Arkansas 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1221 3 4 By: Representative Ray 5 By: Senator K. Hammer 6 7 For An Act To Be Entitled 8 AN ACT TO AMEND ARKANSAS LAW CONCERNING INITIATIVES, 9 REFERENDA, AND CONSTITUTIONAL AMENDMENTS; TO DECLARE 10 AN EMERGENCY; AND FOR OTHER PURPOSES. 11 12 13 Subtitle 14 TO AMEND ARKANSAS LAW CONCERNING 15 INITIATIVES, REFERENDA, AND 16 CONSTITUTIONAL AMENDMENTS; AND TO 17 DECLARE AN EMERGENCY. 18 19 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 20 21 SECTION 1. Arkansas Code § 7 -9-103, concerning the signing of 22 initiative or referendum petitions, is amended to add an additional 23 subsection to read as follows: 24 (e) A signature on an initiative or referendum petition is not valid 25 and shall not be counted for any purpose if the signature was obtained after 26 the date of the next general election following the certification of the 27 ballot title and popular name under § 7 -9-107. 28 29 SECTION 2. Arkansas Code § 7 -9-107, concerning the filing of the 30 original draft of a proposed measure with the Attorney General before 31 circulation, is amended to add an additional subsection to read as follows: 32 (g) The certification of a ballot title and popular name under this 33 section shall expire on the date of the next general election after the 34 certification of the ballot title and popular name. 35 36 HB1221 2 01/17/2025 10:19:28 AM MBM044 1 SECTION 3. Arkansas Code § 7 -9-126(c), concerning the counting of 2 signatures on initiative and referendum petitions, is amended to read as 3 follows: 4 (c) The following signatures shall not be counted for any purpose by 5 the official charged with verifying the signatures, including the initial 6 count of signatures: 7 (1) A signature that is not an original signature; 8 (2) A signature that is obviously not that of the purported 9 petitioner; 10 (3) A signature that is illegible; 11 (4) A signature that is not accompanied by personally 12 identifying information; 13 (5) A signature for which the corresponding printed name, 14 address, birth date, or date of signing is written by someone other than the 15 signer except under circumstances of disability of the signer; 16 (6) A signature obtained before the submission and approval of 17 the ballot title under § 7 -9-107; 18 (7) A signature obtained after the date of the next general 19 election following the certification of the ballot title and popular name 20 under § 7-9-107; and 21 (7)(8) A signature that has any other material defect that, on 22 its face, renders the signature invalid. 23 24 SECTION 4. SEVERABILITY. The provisions of this act are declared to 25 be severable and the invalidity of any provision of this act shall not affect 26 other provisions of the act which can be given effect without the invalid 27 provision. 28 29 SECTION 5. EMERGENCY CLAUSE. It is found and determined by the 30 General Assembly of the State of Arkansas that the process for citizens to 31 propose initiated acts and amendments to the Arkansas Constitution is 32 critical to a well-functioning democracy in this state; that it is of the 33 utmost importance that the integrity of the initiative process be 34 strengthened through this act so that voters maintain a high degree of 35 confidence in the actions of government; that few things are more important 36 HB1221 3 01/17/2025 10:19:28 AM MBM044 to the public peace, health, and safety than maintaining trust in the actions 1 of government; that the changes to the initiative process under this act are 2 critical to ensure that integrity is maintained in the initiative process; 3 and that any delay in the implementation of this act would disrupt the 4 initiative process for the 2026 general election, which would have a 5 detrimental effect on the public peace, health, and safety of Arkansas. 6 Therefore, an emergency is declared to exist, and this act being immediately 7 necessary for the preservation of the public peace, health, and safety shall 8 become effective on: 9 (1) The date of its approval by the Governor; 10 (2) If the bill is neither approved nor vetoed by the Governor, 11 the expiration of the period of time during which the Governor may veto the 12 bill; or 13 (3) If the bill is vetoed by the Governor and the veto is 14 overridden, the date the last house overrides the veto. 15 16 17 APPROVED: 2/25/25 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36