A CONSTITUTIONAL AMENDMENT TO REPEAL THE PROVISION OF ARKANSAS CONSTITUTION, ARTICLE 5, § 1, ALLOWING THE SPONSOR OF AN INITIATIVE OR REFERENDUM PETITION TO CORRECT OR AMEND A PETITION.

2025 Regular Session Introduced by David Ray

HJR 1016 aimed to end the ability of petition sponsors in Arkansas to amend their initiatives after rejection, limiting their flexibility and potentially reducing ballot access.

Died in House Committee at Sine Die adjournment.

Summary of HJR 1016

Bill Number: HJR 1016
Title: A Constitutional Amendment to Repeal the Provision of Arkansas Constitution, Article 5, § 1, Allowing the Sponsor of an Initiative or Referendum Petition to Correct or Amend a Petition
Status: Died in House Committee at Sine Die adjournment
Introduced: February 12, 2025
Classification: Joint Resolution

Purpose and Intent

HJR 1016 aimed to amend the Arkansas Constitution by repealing a provision that allows sponsors of initiative or referendum petitions to correct or amend their petitions after they have been deemed insufficient by the Secretary of State or local clerks. The intent behind this amendment was to eliminate the opportunity for sponsors to make changes to petitions once they have been officially rejected due to insufficient signatures or other issues.

Key Provisions

Repeal of Amendment of Petition: The bill proposed to remove the existing provision in Article 5, § 1 of the Arkansas Constitution that permits sponsors to amend their petitions after a determination of insufficiency.

Notification and Timeframe: Under the current law, if a petition is found insufficient, the Secretary of State or local clerks must notify the sponsors and allow them a specific timeframe to correct the petition:

Statewide petitions: 30 days
Municipal or county petitions: 10 days

Signature Requirements for Corrections: The existing law allows for corrections only if the petition contains valid signatures equal to at least 75% of the required number of signatures statewide and from at least 15 counties.

Burden of Proof: The current provision also places the burden of proof on those challenging the validity of a petition during legal proceedings.

Impact

If passed, HJR 1016 would have significantly impacted the process for initiating legislation through petitions in Arkansas. Specifically, it would have:

Limited Flexibility for Sponsors: Sponsors would no longer have the ability to amend their petitions after receiving a notice of insufficiency, potentially making it more difficult to bring initiatives or referendums to the ballot.

Increased Finality in Petition Review: The amendment would create a more definitive process regarding petition sufficiency, potentially discouraging sponsors from pursuing initiatives if they were uncertain about meeting the requirements.

Procedural Aspects

Legislative Timeline:

Introduced: February 12, 2025
Committee Review: The bill was read and referred to the Committee on State Agencies & Governmental Affairs on the same day.
Outcome: The bill died in the House Committee on May 5, 2025, at Sine Die adjournment, meaning it did not advance for further consideration or a vote.

Conclusion

HJR 1016 sought to amend the Arkansas Constitution by removing the ability of initiative and referendum petition sponsors to correct their petitions after a determination of insufficiency. The bill's failure to progress in the legislative process means that the current provisions allowing for corrections remain in place.