Arkansas 2025 Regular Session

Arkansas House Bill HB1713 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		Stricken language would be deleted from and underlined language would be added to present law.
2		-	Act 602 of the Regular Session
3		-	SSS111 03-17-2025 11:22:53 SSS111
4		-
5		-	State of Arkansas As Engrossed: H3/17/25 1
	2	+	SSS111 03/10/2025 8:01:52 AM SSS111
	3	+	State of Arkansas 1
6	4		95th General Assembly A Bill 2
7	5		Regular Session, 2025 HOUSE BILL 1713 3
8	6		4
9	7		By: Representatives Rose, Crawford, Hawk, Long, Lundstrum, McGrew, S. Meeks, Ray, Underwood, 5
10	8		Unger 6
11	9		By: Senators M. Johnson, J. Boyd, J. Bryant, Caldwell, A. Clark, Gilmore, K. Hammer, Hester, M. 7
12	10		McKee, D. Wallace 8
13	11		9
14	12		For An Act To Be Entitled 10
15	13		AN ACT TO AMEND THE LAW CONCERNING THE FILING OF AN 11
16	14		ORIGINAL DRAFT BEFORE CIRCULATION AS AN INITIATIVE 12
17	15		PETITION OR REFERENDUM PETITION; TO REQUIRE BALLOT 13
18	16		TITLES FOR INITIATED MEASURES TO BE AT OR UNDER A 14
19	17		CERTAIN READING LEVEL; TO DECLARE AN EMERGENCY; AND 15
20	18		FOR OTHER PURPOSES. 16
21	19		17
22	20		18
23	21		Subtitle 19
24	22		TO REQUIRE BALLOT TITLES FOR INITIATED 20
25	23		MEASURES TO BE AT OR UNDER A CERTAIN 21
26	24		READING LEVEL; AND TO DECLARE AN 22
27	25		EMERGENCY. 23
28	26		24
29	27		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25
30	28		26
31	29		SECTION 1. DO NOT CODIFY. Legislative findings. 27
32	30		The General Assembly finds that: 28
33	31		(1) Arkansas Constitution, Article 5, Section 1 protects the 29
34	32		right of citizens to enact laws and constitutional amendments through the 30
35	33		initiative process and to repeal laws enacted by the General Assembly through 31
36	34		the referendum process; 32
37	35		(2) The State of Arkansas has a compelling interest in: 33
38	36		(A) Preserving and protecting the integrity of the 34
39	37		initiative process and the referendum process; and 35
40		-	(B) Protecting voters from initiatives and referenda that 36 ~~As Engrossed: H3/17/25~~ HB1713
	38	+	(B) Protecting voters from initiatives and referenda that 36 HB1713
41	39
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43		-
44		-
	40	+	2 03/10/2025 8:01:52 AM SSS111
45	41		are deficient, confusing, or misleading or that are placed on the ballot by 1
46	42		means of conduct that is: 2
47	43		(i) Misleading; 3
48	44		(ii) Fraudulent; 4
49	45		(iii) Felonious; or 5
50	46		(iv) Otherwise unlawful; 6
51	47		(3) The General Assembly may further these compelling interests 7
52	48		by enacting laws: 8
53	49		(A) Intended to deter and penalize: 9
54	50		(i) Misrepresentation of an issue, measure, or 10
55	51		question; or 11
56	52		(ii) Misrepresentation of the effects of an issue, 12
57	53		measure, or question; and 13
58	54		(B) Of a practical nature to facilitate the initiative and 14
59	55		referendum process; and 15
60	56		(4) Without reasonable and responsible laws and oversight, it 16
61	57		may be possible for promoters of a measure, issue, or question to benefit 17
62	58		from conduct that is: 18
63	59		(A) Misleading; 19
64	60		(B) Fraudulent; 20
65	61		(C) Felonious; or 21
66	62		(D) Otherwise unlawful. 22
67	63		23
68	64		SECTION 2. Arkansas Code § 7 -9-107, concerning filing an original 24
69	65		draft before circulation of an initiative petition or referendum petition, is 25
70	66		amended to add an additional subsection to read as follows: 26
71	67		(g)(1) The Attorney General shall not certify a proposed ballot title 27
72	68		with a reading level above eighth grade as determined by the Flesch -Kincaid 28
73		-	~~Grade Level formula~~ as it existed on January 1, 2025. 29
	69	+	Readability Test as it existed on January 1, 2025. 29
74	70		(2) If the Attorney General rejects a proposed ballot title 30
75	71		under subdivision (g)(1) of this section, the Attorney General shall state 31
76	72		the reasons for rejection and instruct the petitioners to redesign the 32
77	73		proposed ballot title or proposed measure in a manner that does not violate 33
78	74		this subsection. 34
79	75		35
80		-	SECTION 3. DO NOT CODIFY. Retroactivity. 36 ~~As Engrossed: H3/17/25~~ HB1713
	76	+	SECTION 3. DO NOT CODIFY. Retroactivity. 36 HB1713
81	77
82		-	3 03-17-2025 11:22:53 SSS111
83		-
84		-
	78	+	3 03/10/2025 8:01:52 AM SSS111
85	79		This act does not apply to a proposed ballot title that has already 1
86	80		been certified by the Attorney General for circulation before the effective 2
87	81		date of this act. 3
88	82		4
89	83		SECTION 4. DO NOT CODIFY. EMERGENCY CLAUSE. 5
90	84		It is found and determined by the General Assembly of the State of 6
91	85		Arkansas that it is essential to establish greater clarity and consistency in 7
92	86		the procedures that facilitate initiatives and referenda; that legislation is 8
93	87		needed to ensure a fair, transparent, and uniform approval process for all 9
94	88		measures presented to voters; and that this act is immediately necessary to 10
95	89		preserve the public peace, health, and safety by protecting the rights of 11
96	90		voters through transparency and clarity in the initiative approval process. 12
97	91		Therefore, an emergency is declared to exist, and this act being immediately 13
98	92		necessary for the preservation of the public peace, health, and safety shall 14
99	93		become effective on: 15
100	94		(1) The date of its approval by the Governor; 16
101	95		(2) If the bill is neither approved nor vetoed by the Governor, 17
102	96		the expiration of the period of time during which the Governor may veto the 18
103	97		bill; or 19
104	98		(3) If the bill is vetoed by the Governor and the veto is 20
105	99		overridden, the date the last house overrides the veto. 21
106	100		22
107		-	~~/s/Rose~~ 23
	101	+	23
108	102		24
109	103		25
110		-	~~APPROVED: 4/14/25~~ 26
	104	+	26
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