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HJR 1016

Oklahoma Constitution; referred measures; Governor; special election; ballot title; filing.

2025 Regular Session Introduced by Andy Fugate

HJR 1016 would restrict and condition how initiative and referendum petitions can be corrected after insufficiency, requiring thresholds and a defined correction period, shifting e

Second Reading referred to Rules
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Bill Summary · HJR 1016

Summary — HJR 1016 (Arkansas, 95th General Assembly, 2025)

Sponsor: Rep. Ray
Classification: Joint resolution (constitutional amendment)
Subject: Initiative and referendum petition amendment procedures; Article 5, § 1 of the Arkansas Constitution
Introduced: February 12, 2025
Current status (as provided): Regular Message Sent to Senate (10/23/2025)
If approved by voters, effective date: January 1, 2027

Purpose

HJR 1016 proposes to amend Article 5, § 1 of the Arkansas Constitution to change how initiative and referendum petitions may be corrected or amended after an official (Secretary of State, county clerk, or city clerk) determines the petition is insufficient. The amendment also addresses the evidentiary burden in legal challenges to petitions.

Key provisions

  • Rewrites the subsection titled “Amendment of Petition” (retitled in the draft as “Amendment of Petition Burden of Proof”).
  • Notification and correction window:
    • If an official finds a petition insufficient, sponsors must be notified without delay.
    • Sponsors would be permitted a correction/amendment period of at least:
    • 30 days for statewide petitions; and
    • 10 days for municipal or county petitions.
  • New thresholds for permitting correction of statewide petitions:
    • Correction/amendment would be allowed only if the petition already contains valid signatures equal to at least 75% of the statewide signature requirement, and
    • At least 75% of the required signatures from each of at least 15 counties.
  • Burden of proof in litigation:
    • In legal proceedings aimed at preventing a petition from receiving legal effect, the burden of proof would be placed on the person(s) challenging the petition’s validity.

Who would be affected

  • Sponsors and circulators of initiative and referendum petitions (statewide, county, municipal).
  • State and local election officials (Secretary of State, county clerks, city clerks) responsible for signature review and notification.
  • Parties who challenge petition validity in court — the amendment shifts the litigation burden to challengers.
  • Arkansas voters indirectly, through changes in the practical ability to qualify initiatives/referendums for the ballot.

Procedural / timeline notes

  • As a proposed constitutional amendment, HJR 1016 must be: (1) passed by a majority of all members elected to each legislative chamber, and (2) approved by a majority of electors voting on the measure at the statewide general election. The measure states the amendment would take effect on January 1, 2027 if adopted by voters.
  • The bill text and the resolution’s ballot/popular language show an apparent tension: the ballot title describes the measure as “repeal the provision … allowing the sponsor … to correct or amend a petition,” while the draft replacement text retains a limited correction mechanism with specific 75% thresholds and set time windows. Observers should note this discrepancy between the ballot description and the substantive draft language.

Legislative actions (select)

  • Filed and first read: February 12, 2025.
  • Committee referral and various actions noted; listed as “Died in House Committee at Sine Die adjournment” (05/05/2025) in one entry, but later actions in October 2025 show passage in the House (readings, amendment adopted, engrossed) and “Regular Message Sent To Senate” on 10/23/2025. Current status should be confirmed with legislative clerks for the most recent posture.

Compiled from official sources — confirm details with the bill’s official record.

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