Stricken language would be deleted from and underlined language would be added to present law.
Act 154 of the Regular Session
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State of Arkansas As Engrossed: H2/6/25 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 PROHIBIT THE SUBMISSION OF 13
CONFLICTING INITIATIVE PETITIONS AND REFERENDUM 14
PETITIONS; AND 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 PROHIBIT THE 22
SUBMISSION OF CONFLICTING INITIATIVE 23
PETITIONS AND 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 As Engrossed: H2/6/25 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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SECTION 3. SEVERABILITY. The provisions of this act are declared to 35
be severable, and the invalidity of any provision of this act shall not 36 As Engrossed: H2/6/25 HB1222
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affect other provisions of the act which can be given effect without the 1
invalid provision. 2
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/s/Ray 4
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APPROVED: 2/25/25 7
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