Stricken language would be deleted from and underlined language would be added to the Arkansas Constitution. *MBM046* 02/11/2025 3:28:46 PM MBM046 State of Arkansas 1 95th General Assembly 2 Regular Session, 2025 HJR 1017 3 4 By: Representative Ray 5 By: Senator J. Payton 6 7 HOUSE JOINT RESOLUTION 8 AN AMENDMENT TO THE ARKANSAS CONSTITUTION PROVIDING 9 THAT A PROPOSED STATE -WIDE INITIATED ACT OR 10 CONSTITUTIONAL AMENDMENT SHALL TAKE EFFECT AND BECOME 11 A LAW WHEN APPROVED BY A MAJORITY OF THE VOTES CAST 12 UPON THE MEASURE AT THE ELECTION AND ALSO APPROVED BY 13 A MAJORITY OF THE VOTES CAST UPON THE MEASURE IN A 14 MAJORITY OF THE COUNTIES OF THE STATE; AND PROVIDING 15 THAT AN ACT, A MEASURE, OR A PORTION OF AN ACT OR 16 MEASURE SUBJECT TO A STATE -WIDE REFERENDUM SHALL BE 17 REPEALED IF REJECTED BY A MAJORITY OF THE ELECTORS 18 VOTING UPON THE MATTER, REGARDLESS OF THE NUMBER OF 19 COUNTIES REJECTING THE ACT, MEASURE, OR PORTION OF AN 20 ACT OR MEASURE ACCORDING TO THE VOTES CAST IN THE 21 COUNTY. 22 23 24 Subtitle 25 A CONSTITUTIONAL AMENDMENT PROVIDING 26 THAT A PROPOSED STATE -WIDE INITIATED ACT 27 OR CONSTITUTIONAL AMENDMENT SHALL 28 BECOME A LAW WHEN APPROVED BY A MAJORITY 29 OF THE VOTES CAST IN THE ELECTION AND A 30 MAJORITY OF THE COUNTIES OF THE STATE. 31 32 BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE NINETY -FIFTH GENERAL 33 ASSEMBLY OF THE STATE OF ARKANSAS, AND BY THE SENATE, A MAJORITY OF ALL 34 MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO: 35 36 HJR1017 2 02/11/2025 3:28:46 PM MBM046 THAT the following is proposed as an amendment to the Constitution of 1 the State of Arkansas, and upon being submitted to the electors of the state 2 for approval or rejection at the next general election for Representatives 3 and Senators, if a majority of the electors voting thereon at the election 4 adopt the amendment, the amendment shall become a part of the Constitution of 5 the State of Arkansas, to wit: 6 7 SECTION 1. The subsection of Arkansas Constitution, Article 5, § 1, 8 titled "Majority", is amended to read as follows: 9 Majority. Any measure submitted to the people as herein provided 10 shall take effect and become a law when approved by a majority of the votes 11 cast upon such the measure, and not otherwise, and shall not be required to 12 receive a majority of the electors voting at such election. In addition to 13 approval by a majority of the votes cast upon the measure at the election, a 14 state-wide measure shall take effect and become a law when approved by a 15 majority of votes cast upon the measure in a majority of the counties of the 16 state. However, an act, a measure, or the portion or an act or measure 17 subject to a state-wide referendum shall be repealed if the act, measure, or 18 portion of an act or measure is rejected by a majority of the electors voting 19 upon the matter, regardless of the number of counties rejecting the act, 20 measure, or portion of an act or measure according to the votes cast in the 21 county. Such measures A measure approved under this amendment shall be 22 operative on and after the thirtieth day after the election at which it is 23 approved, unless otherwise specified in the Act. 24 This section shall not be construed to deprive any member of the 25 General Assembly of the right to introduce any measure, but no measure shall 26 be submitted to the people by the General Assembly, except a proposed 27 constitutional amendment or amendments as provided for in this Constitution. 28 29 SECTION 2. The subsection of Arkansas Constitution, Article 5, § 1, 30 titled "Conflicting Measures", is amended to read as follows: 31 Conflicting Measures. If conflicting measures initiated or referred to 32 the people shall be are approved by a majority of the votes severally cast 33 for and against the same under this amendment at the same election, the one 34 receiving the highest number of affirmative votes shall become law. 35 36 HJR1017 3 02/11/2025 3:28:46 PM MBM046 SECTION 3. Arkansas Code, Article 19, § 22, is amended to read as 1 follows: 2 § 22. Constitutional amendments. 3 Either branch of the General Assembly, at a regular session thereof, 4 may propose amendments to this Constitution; and if the same be agreed to by 5 a majority of all members elected to each house, such proposed amendments 6 shall be entered on the journals with the yeas and nays, and published in at 7 least one (1) newspaper in each county, where a newspaper is published, for 8 six (6) months immediately preceding the next general election for Senators 9 and Representatives, at which time the same shall be submitted to the 10 electors of the State, for approval or rejection ;. and if a majority of the 11 electors voting at such election adopt such amendments, the same shall become 12 a part of this Constitution An amendment submitted under this section shall 13 become a part of this Constitution if a majority of the electors voting at 14 the next general election for Senators and Representatives approve the 15 amendment and the amendment is also approved by a majority of votes cast upon 16 the amendment in a majority of the counties of the state . But no more than 17 three (3) amendments shall be proposed or submitted at the same time. They 18 shall be so submitted as to enable the electors to vote on each amendment 19 separately. 20 21 SECTION 4. Arkansas Constitution, Amendment 70, § 2, is amended to 22 read as follows: 23 § 2. Additional Constitutional amendments authorized. 24 In addition to the three (3) amendments to the Constitution allowed 25 pursuant to Article 19, § 22, either branch of the General Assembly at a 26 regular session thereof may propose an amendment to the Constitution to 27 change the salaries for the offices of Governor, Lieutenant Governor, 28 Attorney General, Secretary of State, Treasurer of State, Commissioner of 29 State Lands, and Auditor of State and for members of the General Assembly. 30 If the same be agreed to by a majority of all members elected to each house, 31 such proposed amendment shall be entered on the journals with the yeas and 32 nays, and published in at least one (1) newspaper in each county, where a 33 newspaper is published, for six (6) months immediately preceding the next 34 general election for Senators and Representatives, at which time the same 35 shall be submitted to the electors of the State for approval or rejection. 36 HJR1017 4 02/11/2025 3:28:46 PM MBM046 If a majority of the electors voting at such election adopt the amendment the 1 same shall become a part of this Constitution An amendment submitted under 2 this section shall become a part of this Constitution if a majority of the 3 electors voting at the next general election for Senator and Representatives 4 approve the amendment and the amendment is also approved by a majority of 5 votes cast upon the amendment in a majority of the counties of the state . 6 Only one (1) amendment to the Constitution may be referred pursuant to this 7 section. 8 9 SECTION 5. EFFECTIVE DATE. This amendment to the Arkansas 10 Constitution shall be effective on and after January 1, 2027. 11 12 SECTION 6. BALLOT TITLE AND POPULAR NAME. When this proposed 13 amendment is submitted to the electors of this state on the general election 14 ballot: 15 (1) The title of this joint resolution shall be the ballot 16 title; and 17 (2) The popular name shall be "A Constitutional Amendment 18 Providing that a Proposed State -Wide Initiated Act or Constitutional 19 Amendment Shall Take Effect and Become a Law When Approved by a Majority of 20 the Votes Cast Upon the Measure at the Election and Also Approved by a 21 Majority of the Votes Cast Upon the Measure in a Majority of the Counties of 22 the State; and Providing that an Act, a Measure, or the Portion of an Act or 23 Measure Subject to a State -Wide Referendum Shall Be Repealed if Rejected by a 24 Majority of the Electors Voting Upon the Matter, Regardless of the Number of 25 Counties Rejecting the Act, Measure, or Portion of an Act or Measure 26 According to the Votes Cast in the County.". 27 28 29 30 31 32 33 34 35 36