Arkansas 2025 2025 Regular Session

Arkansas House Bill HB1222 Draft / Bill

Filed 01/24/2025

                    Stricken language would be deleted from and underlined language would be added to present law. 
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State of Arkansas     1 
95th General Assembly A Bill     2 
Regular Session, 2025  	HOUSE BILL 1222 3 
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By: Representative Ray 5 
By: Senator K. Hammer 6 
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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 
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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 
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26 
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 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 
 
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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 
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 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 
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