| 3 | 2 | | *MBM183* 03/11/2025 3:58:27 PM MBM183 |
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| 4 | 3 | | State of Arkansas 1 |
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| 5 | 4 | | 95th General Assembly A Bill 2 |
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| 6 | 5 | | Regular Session, 2025 SENATE BILL 434 3 |
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| 7 | 6 | | 4 |
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| 8 | 7 | | By: Senator J. Dotson 5 |
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| 9 | 8 | | By: Representative Gazaway 6 |
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| 10 | 9 | | 7 |
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| 11 | 10 | | For An Act To Be Entitled 8 |
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| 12 | 11 | | AN ACT TO CREATE THE "PROTECT OUR CONSTITUTION ACT"; 9 |
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| 13 | 12 | | TO REQUIRE A MAJORITY VOTE OF ALL REGISTERED VOTERS 10 |
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| 14 | 13 | | IN THE STATE FOR APPROVAL OF A CONSTITUTIONAL 11 |
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| 15 | 14 | | AMENDMENT REFERRED TO VOTERS UNDER ARKANSAS 12 |
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| 16 | 15 | | CONSTITUTION, ARTICLE 5, SECTION 1; TO AMEND ARKANSAS 13 |
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| 17 | 16 | | CONSTITUTION, ARTICLE 5, § 1, AS AUTHORIZED BY THAT 14 |
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| 18 | 17 | | PROVISION OF THE ARKANSAS CONSTITUTION; AND FOR OTHER 15 |
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| 19 | 18 | | PURPOSES. 16 |
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| 20 | 19 | | 17 |
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| 21 | 20 | | 18 |
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| 22 | 21 | | Subtitle 19 |
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| 23 | 22 | | TO CREATE THE "PROTECT OUR CONSTITUTION 20 |
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| 24 | 23 | | ACT"; AND TO AMEND A PORTION OF THE 21 |
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| 25 | 24 | | ARKANSAS CONSTITUTION AS AUTHORIZED BY 22 |
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| 26 | 25 | | ARKANSAS CONSTITUTION, ARTICLE 5, § 1. 23 |
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| 27 | 26 | | 24 |
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| 28 | 27 | | 25 |
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| 29 | 28 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26 |
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| 30 | 29 | | 27 |
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| 31 | 30 | | SECTION 1. TITLE. This act shall be known and may be cited as the 28 |
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| 32 | 31 | | "Protect Our Constitution Act". 29 |
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| 33 | 32 | | 30 |
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| 34 | 33 | | SECTION 2. Pursuant to the authority granted by Arkansas Constitution, 31 |
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| 35 | 34 | | Article 5, § 1, the subsection of Arkansas Constitution, Article 5, § 1, 32 |
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| 36 | 35 | | titled "Majority" is amended to read as follows: 33 |
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| 37 | 36 | | Majority. (a)(1) Any Except as provided in subdivision (a)(2) of this 34 |
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| 38 | 37 | | section, any measure submitted to the people as herein provided shall take 35 |
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| 39 | 38 | | effect and become a law when approved by a majority of the votes cast upon 36 SB434 |
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| 40 | 39 | | |
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| 42 | 41 | | such measure, and not otherwise, and shall not be required to receive a 1 |
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| 43 | 42 | | majority of the electors voting at such election. 2 |
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| 44 | 43 | | (2) A constitutional amendment submitted to the people as herein 3 |
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| 45 | 44 | | provided shall take effect and become a law when approved by a majority of 4 |
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| 46 | 45 | | all registered voters eligible to vote upon the constitutional amendment. 5 |
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| 47 | 46 | | (b) Such measures After a measure has been approved by a vote of the 6 |
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| 48 | 47 | | people, the measure shall be operative on and after the thirtieth day after 7 |
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| 49 | 48 | | the election at which it is approved, unless otherwise specified in the Act 8 |
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| 50 | 49 | | measure. 9 |
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| 51 | 50 | | (c) This section shall not be construed to deprive any member of the 10 |
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| 52 | 51 | | General Assembly of the right to introduce any measure, but no measure shall 11 |
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| 53 | 52 | | be submitted to the people by the General Assembly, except a proposed 12 |
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| 54 | 53 | | constitutional amendment or amendments as provided for in this Constitution. 13 |
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| 55 | 54 | | 14 |
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| 56 | 55 | | SECTION 3. Pursuant to the authority granted by Arkansas Constitution, 15 |
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| 57 | 56 | | Article 5, § 1, the subsection of Arkansas Constitution, Article 5, § 1, 16 |
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| 58 | 57 | | titled "Conflicting Measures", is amended to read as follows: 17 |
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| 59 | 58 | | Conflicting Measures. If conflicting measures initiated or referred to 18 |
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| 60 | 59 | | the people shall be approved by a majority of the votes severally cast for 19 |
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| 61 | 60 | | and against the same as herein provided at the same election, the one 20 |
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| 62 | 61 | | receiving the highest number of affirmative votes shall become law. 21 |
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| 63 | 62 | | 22 |
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| 64 | 63 | | SECTION 4. EMERGENCY CLAUSE. It is found and determined by the 23 |
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| 65 | 64 | | General Assembly of the State of Arkansas that amendments to the Arkansas 24 |
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| 66 | 65 | | Constitution impact the public peace, health, and safety of each citizen of 25 |
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| 67 | 66 | | this state; that to protect the public peace, health, and safety of the 26 |
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| 68 | 67 | | citizens of this state, it is necessary to increase the threshold for passage 27 |
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| 69 | 68 | | of a constitutional amendment proposed under Arkansas Constitution, Article 28 |
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| 70 | 69 | | 5, § 1, to ensure that constitutional amendments are supported by an 29 |
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| 71 | 70 | | appropriate number of voters to justify an amendment to the Arkansas 30 |
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| 72 | 71 | | Constitution; and that this act should become effective at the earliest 31 |
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| 73 | 72 | | opportunity to ensure that its provisions are in place for the 2026 general 32 |
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| 74 | 73 | | election. Therefore, an emergency is declared to exist, and this act being 33 |
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| 75 | 74 | | immediately necessary for the preservation of the public peace, health, and 34 |
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| 76 | 75 | | safety shall become effective on: 35 |
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| 77 | 76 | | (1) The date of its approval by the Governor; 36 SB434 |
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| 78 | 77 | | |
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| 80 | 79 | | (2) If the bill is neither approved nor vetoed by the Governor, 1 |
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| 81 | 80 | | the expiration of the period of time during which the Governor may veto the 2 |
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| 82 | 81 | | bill; or 3 |
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| 83 | 82 | | (3) If the bill is vetoed by the Governor and the veto is 4 |
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| 84 | 83 | | overridden, the date the last house overrides the veto. 5 |
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