Stricken language would be deleted from and underlined language would be added to present law. *SSS056* 01/17/2025 11:54:02 AM SSS056 State of Arkansas 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1222 3 4 By: Representative Ray 5 By: Senator K. Hammer 6 7 For An Act To Be Entitled 8 AN ACT TO AMEND THE LAW CONCERNING INITIATIVE 9 PETITIONS AND REFERENDUM PETITIONS; TO REQUIRE THE 10 ATTORNEY GENERAL TO REVIEW BALLOT TITLES FOR 11 CONFLICTS WITH THE UNITED STATES CONSTITUTION AND 12 FEDERAL STATUTES; TO BAN SUBMISSION OF MULTIPLE 13 INITIATIVE PETITIONS AND REFERENDUM PETITIONS; AND 14 FOR OTHER PURPOSES. 15 16 17 Subtitle 18 TO REQUIRE THE ATTORNEY GENERAL TO 19 REVIEW BALLOT TITLES FOR CONFLICTS WITH 20 THE UNITED STATES CONSTITUTION AND 21 FEDERAL STATUTES; AND TO BAN SUBMISSION 22 OF MULTIPLE INITIATIVE PETITIONS AND 23 REFERENDUM PETITIONS. 24 25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26 27 SECTION 1. Arkansas Code § 7 -9-107(e), concerning filing of the 28 original draft of an initiative petition or referendum petition before 29 circulation, is amended to read as follows: 30 (e) If, as a result of his or her review of the ballot title and 31 popular name of a proposed initiated act or a proposed amendment to the 32 Arkansas Constitution, the Attorney General determines that the ballot title 33 or the nature of the issue, is presented in such manner that the ballot title 34 would be misleading or designed in such manner that a vote “FOR” the issue 35 would be a vote against the matter or viewpoint that the voter believes 36 HB1222 2 01/17/2025 11:54:02 AM SSS056 himself or herself casting a vote for, or, conversely, that a vote “AGAINST” 1 the issue would be a vote for a viewpoint that the voter is against, or that 2 the text of the proposal conflicts with the United States Constitution or a 3 federal statute, the Attorney General may reject the entire ballot title, 4 popular name, and petition and state his or her reasons therefor and instruct 5 the petitioners to redesign the proposed measure and the ballot title and 6 popular name in a manner that would not be misleading or in conflict with the 7 United States Constitution or a federal statute . 8 9 SECTION 2. Arkansas Code § 7 -9-107, concerning filing of the original 10 draft of an initiative petition or referendum petition before circulation, is 11 amended to add an additional subsection to read as follows: 12 (g)(1) A sponsor shall not submit multiple initiative petitions or 13 referendum petitions that are conflicting measures to the Attorney General 14 for review, except as follows: 15 (A) If an initiative petition or referendum petition is 16 certified under this section, a sponsor may submit an initiative petition or 17 referendum petition that is a conflicting measure with the certified 18 initiative petition or certified referendum petition after the date of the 19 next general election following the certification; or 20 (B) If an initiative petition or referendum petition is 21 rejected under this section, a sponsor may submit an initiative petition or 22 referendum petition that is a conflicting measure with the rejected 23 initiative petition or referendum petition. 24 (2) The Attorney General shall reject all initiative petitions 25 and referendum petitions that are submitted by a sponsor in violation of this 26 subsection. 27 (3) As used in this subsection, “conflicting measures” means two 28 (2) or more initiative petitions or referendum petitions that: 29 (A) Cover the same subject matter; 30 (B) Are for the same general purpose; and 31 (C) Contain different language in any part of their full 32 texts, ballot titles, or popular names. 33 34 35 36