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 SENATE BILL 188 3
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By: Senator C. Tucker 5
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For An Act To Be Entitled 8
AN ACT TO AMEND ARKANSAS LAW CONCERNING INITIATIVE 9
PETITIONS AND REFERENDUM PETITIONS; TO REQUIRE PUBLIC 10
POSTING OF STATEWIDE INITIATIVE PETITIONS AND 11
REFERENDUM PETITIONS; AND FOR OTHER PURPOSES. 12
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Subtitle 15
TO AMEND ARKANSAS LAW CONCERNING 16
INITIATIVE PETITIONS AND REFERENDUM 17
PETITIONS; AND TO REQUIRE PUBLIC POSTING 18
OF STATEWIDE INITIATIVE PETITIONS AND 19
REFERENDUM PETITIONS. 20
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
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SECTION 1. Arkansas Code § 7 -9-107 is amended to read as follows: 24
7-9-107. Filing of original draft before circulation. 25
(a) Before any initiative petition or referendum petition ordering a 26
vote upon any amendment or act shall be circulated for obtaining signatures 27
of petitioners, the sponsors shall submit the original draft with the 28
Attorney General. 29
(b) The original draft shall include: 30
(1) The full text of the proposed measure; 31
(2) A ballot title for the proposed measure; and 32
(3) A popular name for the proposed measure. 33
(c) The Attorney General shall return to the sponsor a file -marked 34
copy of the original draft that shall serve as evidence that the original 35
draft was filed in compliance with this section. 36 SB188
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(d)(1) Within ten (10) business days, the Attorney General shall 1
approve and certify or shall substitute and certify a more suitable and 2
correct ballot title and popular name for each amendment or act. 3
(2) The ballot title so submitted or supplied by the Attorney 4
General shall briefly and concisely state the purpose of the proposed 5
measure. 6
(e)(1) Within ten (10) days of the approval of a ballot title and 7
popular name under subsection (d) of this section, the Attorney General shall 8
provide the following information to the Secretary of State: 9
(A) The full text of the proposed measure; 10
(B) The certified ballot title for the proposed measure; 11
and 12
(C) The certified popular name for the proposed measure. 13
(2)(A) The Secretary of State shall post the information 14
provided under subdivision (e)(1) of this section on the Secretary of State’s 15
website within five (5) days of receiving the information from the Attorney 16
General. 17
(B) Except as provided in subdivision (e)(2)(C) of this 18
section, the information provided under subdivision (e)(1) of this section 19
shall remain on the Secretary of State’s website until the day following the 20
next general election. 21
(C) If the proposed measure fails to qualify for the 22
ballot or is otherwise removed from the ballot, the Secretary of State may 23
remove the information provided under subdivision (e)(1) of this section from 24
the Secretary of State’s website. 25
(e)(f) If, as a result of his or her review of the ballot title and 26
popular name of a proposed initiated act or a proposed amendment to the 27
Arkansas Constitution, the Attorney General determines that the ballot title 28
or the nature of the issue, is presented in such manner that the ballot title 29
would be misleading or designed in such manner that a vote “FOR” the issue 30
would be a vote against the matter or viewpoint that the voter believes 31
himself or herself casting a vote for, or, conversely, that a vote “AGAINST” 32
the issue would be a vote for a viewpoint that the voter is against, the 33
Attorney General may reject the entire ballot title, popular name, and 34
petition and state his or her reasons therefor and instruct the petitioners 35
to redesign the proposed measure and the ballot title and popular name in a 36 SB188
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manner that would not be misleading. 1
(f)(g) If the Attorney General refuses to act or if the sponsors feel 2
aggrieved at the Attorney General's acts in such premises, the sponsors may, 3
by petition, apply to the Supreme Court for proper relief. 4
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