Stricken language would be deleted from and underlined language would be added to present law.
Act 272 of the Regular Session
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State of Arkansas As Engrossed: S2/19/25 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 188 3
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By: Senator C. Tucker 5
By: Representative Ray 6
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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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14
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 As Engrossed: S2/19/25 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) After a proposed measure has been certified by the Attorney 7
General, within five (5) business days of soliciting or otherwise gathering 8
signatures for a proposed measure, the sponsor shall provide the following 9
information to the Secretary of State: 10
(A) The full text of the proposed measure; 11
(B) The certified ballot title for the proposed measure; 12
(C) The certified popular name for the proposed measure; 13
and 14
(D) The letter from the Attorney General certifying the 15
proposed measure. 16
(2)(A) The Secretary of State shall post the information 17
provided under subdivision (e)(1)(A) -(C) of this section on the Secretary of 18
State’s website within five (5) days of receiving the information from the 19
Attorney General. 20
(B) Except as provided in subdivision (e)(2)(C) of this 21
section, the information provided under subdivision (e)(1)(A) -(C) of this 22
section shall remain on the Secretary of State’s website until the day 23
following the next general election. 24
(C) The Secretary of State may remove the information 25
provided under subdivision (e)(1)(A) -(C) of this section from the Secretary 26
of State’s website if: 27
(i) The proposed measure fails to qualify for the 28
ballot for lack of signatures; 29
(ii) The sponsor of the proposed measure is not 30
actively obtaining signatures for the proposed measure and requests that the 31
Secretary of State remove the information from the Secretary of State’s 32
website; 33
(iii) The proposed measure has been removed from the 34
ballot by: 35
(a) The Arkansas Supreme Court; or 36 As Engrossed: S2/19/25 SB188
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(b) An Arkansas circuit court and the time for 1
filing the notice of appeal has expired; or 2
(iv) The Secretary of State independently determines 3
that the language submitted by the sponsor does not accurately reflect a 4
proposed measure certified by the Attorney General or that is actively being 5
circulated for signatures to the people of Arkansas . 6
(e)(f) If, as a result of his or her review of the ballot title and 7
popular name of a proposed initiated act or a proposed amendment to the 8
Arkansas Constitution, the Attorney General determines that the ballot title 9
or the nature of the issue, is presented in such manner that the ballot title 10
would be misleading or designed in such manner that a vote “FOR” the issue 11
would be a vote against the matter or viewpoint that the voter believes 12
himself or herself casting a vote for, or, conversely, that a vote “AGAINST” 13
the issue would be a vote for a viewpoint that the voter is against, the 14
Attorney General may reject the entire ballot title, popular name, and 15
petition and state his or her reasons therefor and instruct the petitioners 16
to redesign the proposed measure and the ballot title and popular name in a 17
manner that would not be misleading. 18
(g) If the Secretary of State independently determines that a proposed 19
measure is actively being circulated for signatures to the people of Arkansas 20
and the sponsor has not submitted the information required under subdivision 21
(e)(1) of this section to the Secretary of State, the Secretary of State may 22
obtain the information from the Attorney General and post the information 23
required under subdivision (e)(1)(A) -(C) of this section on the Secretary of 24
State’s website. 25
(h) If the sponsor of a proposed measure fails to comply with this 26
section, that failure shall not contribute in any way to a determination by 27
the Secretary of State that the proposed measure, or any individual signature 28
submitted to the Secretary of State in connection with the proposed measure, 29
is insufficient for any reason. 30
(f)(i) If the Attorney General refuses to act or if the sponsors feel 31
aggrieved at the Attorney General's acts in such premises, the sponsors may, 32
by petition, apply to the Supreme Court for proper relief. 33
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/s/C. Tucker 35
APPROVED: 3/12/25 36