Stricken language would be deleted from and underlined language would be added to present law.
Act 422 of the Regular Session
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 434 3
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By: Senator J. Dotson 5
By: Representative Gazaway 6
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For An Act To Be Entitled 8
AN ACT TO CREATE THE "PROTECT OUR CONSTITUTION ACT"; 9
TO REQUIRE A MAJORITY VOTE OF ALL REGISTERED VOTERS 10
IN THE STATE FOR APPROVAL OF A CONSTITUTIONAL 11
AMENDMENT REFERRED TO VOTERS UNDER ARKANSAS 12
CONSTITUTION, ARTICLE 5, SECTION 1; TO AMEND ARKANSAS 13
CONSTITUTION, ARTICLE 5, § 1, AS AUTHORIZED BY THAT 14
PROVISION OF THE ARKANSAS CONSTITUTION; AND FOR OTHER 15
PURPOSES. 16
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Subtitle 19
TO CREATE THE "PROTECT OUR CONSTITUTION 20
ACT"; AND TO AMEND A PORTION OF THE 21
ARKANSAS CONSTITUTION AS AUTHORIZED BY 22
ARKANSAS CONSTITUTION, ARTICLE 5, § 1. 23
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26
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SECTION 1. TITLE. This act shall be known and may be cited as the 28
"Protect Our Constitution Act". 29
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SECTION 2. Pursuant to the authority granted by Arkansas Constitution, 31
Article 5, § 1, the subsection of Arkansas Constitution, Article 5, § 1, 32
titled "Majority" is amended to read as follows: 33
Majority. (a)(1) Any Except as provided in subdivision (a)(2) of this 34
section, any measure submitted to the people as herein provided shall take 35
effect and become a law when approved by a majority of the votes cast upon 36 SB434
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such measure, and not otherwise, and shall not be required to receive a 1
majority of the electors voting at such election. 2
(2) A constitutional amendment submitted to the people as herein 3
provided shall take effect and become a law when approved by a majority of 4
all registered voters eligible to vote upon the constitutional amendment. 5
(b) Such measures After a measure has been approved by a vote of the 6
people, the measure shall be operative on and after the thirtieth day after 7
the election at which it is approved, unless otherwise specified in the Act 8
measure. 9
(c) This section shall not be construed to deprive any member of the 10
General Assembly of the right to introduce any measure, but no measure shall 11
be submitted to the people by the General Assembly, except a proposed 12
constitutional amendment or amendments as provided for in this Constitution. 13
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SECTION 3. Pursuant to the authority granted by Arkansas Constitution, 15
Article 5, § 1, the subsection of Arkansas Constitution, Article 5, § 1, 16
titled "Conflicting Measures", is amended to read as follows: 17
Conflicting Measures. If conflicting measures initiated or referred to 18
the people shall be approved by a majority of the votes severally cast for 19
and against the same as herein provided at the same election, the one 20
receiving the highest number of affirmative votes shall become law. 21
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SECTION 4. EMERGENCY CLAUSE. It is found and determined by the 23
General Assembly of the State of Arkansas that amendments to the Arkansas 24
Constitution impact the public peace, health, and safety of each citizen of 25
this state; that to protect the public peace, health, and safety of the 26
citizens of this state, it is necessary to increase the threshold for passage 27
of a constitutional amendment proposed under Arkansas Constitution, Article 28
5, § 1, to ensure that constitutional amendments are supported by an 29
appropriate number of voters to justify an amendment to the Arkansas 30
Constitution; and that this act should become effective at the earliest 31
opportunity to ensure that its provisions are in place for the 2026 general 32
election. Therefore, an emergency is declared to exist, and this act being 33
immediately necessary for the preservation of the public peace, health, and 34
safety shall become effective on: 35
(1) The date of its approval by the Governor; 36 SB434
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(2) If the bill is neither approved nor vetoed by the Governor, 1
the expiration of the period of time during which the Governor may veto the 2
bill; or 3
(3) If the bill is vetoed by the Governor and the veto is 4
overridden, the date the last house overrides the veto. 5
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APPROVED: 3/25/25 8
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