Arkansas coalition submits proposal to protect ‘fundamental right’ to direct democracy

An Arkansas ballot question committee announced Monday it had submitted a proposed constitutional amendment to protect voters’ right to direct democracy. 

The Arkansas Ballot Measure Rights Amendment, sponsored by Protect AR Rights, would amend Article 5 Section 1 of the Arkansas Constitution, the section that governs the state’s initiative and referendum process, to designate voters’ right to propose laws and constitutional amendments that can be put to a statewide vote as a “fundamental right.”

This is the second such effort proposed this year in response to state lawmakers approving about a dozen direct democracy-related laws during the 2025 legislative session. Supporters of the new laws have said they will ensure the integrity of the initiative and referendum process, while opponents have argued it will make it more difficult for citizen-led initiatives to qualify for the ballot. 

The direct democracy process allows Arkansans to propose new laws or constitutional amendments and put them to a statewide vote. Arkansas is one of 24 states that allows citizen-led initiatives, according to the National Conference of State Legislatures.

Members of the six organizations that comprise the coalition behind Protect AR Rights gathered inside the Capitol to formally announce their ballot measure Monday. During the press conference, Arkansas Public Policy Panel Executive Director Bill Kopsky said their proposal “strengthens three fundamental citizen rights” in the state Constitution — the right to propose ballot measures, the right to gather signatures on petitions and the right to sign a ballot measure petition.

“Sadly some politicians don’t trust voters…and they’ve stripped the right to the ballot measure process away from us,” Kopsky said. “They are rigging the rules to make it nearly impossible for everyday Arkansans to propose ballot measures to ask their fellow citizens to sign and support measures and to even sign one themselves. We must stand up to this unprecedented power grab.”

The Arkansas Ballot Measure Rights Amendment would make several changes to the state’s initiative and referendum process, including prohibiting the General Assembly from amending or repealing constitutional amendments that voters approved; current law allows lawmakers to do so by a two-thirds majority vote. The proposed measure would only grant that authority for initiated acts.

The measure would also make changes to the signature-gathering process by prohibiting a requirement that signatures be collected from more than 15 counties. A 2023 law, which is being challenged in court, increased the threshold to 50 counties. 

If a qualified voter’s signature is deemed insufficient and therefore will be disqualified and not counted, the proposed measure would require the elector to be notified and given at least 10 business days to correct “any identified insufficiency.” Notification and a minimum cure period of 10 business days would also be required for the sponsors of a measure if there is a filing error.

The proposed constitutional amendment would also require a ballot title challenge to be filed within 10 business days of the title’s approval and be “tried at once with expedited review if appealed.”

Additionally, the measure defines petition fraud and declares it a criminal offense. 

The other ballot measure

The League of Women Voters of Arkansas is also pursuing its own proposed constitutional amendment aimed at protecting voters’ right to direct democracy. Attorney General Tim Griffin has rejected the measure three times. 

In his most recent rejection earlier this month, Griffin cited a new law that prohibits ballot titles from being written above an eighth-grade reading level. This was the first time he rejected a proposed ballot measure under Act 602, which became law in April.

Protect AR Rights tried to make its proposal “as readable as possible,” but Kopsky said he doesn’t think it’s possible to meet the eighth-grade reading level and the clarity standard. For that reason, Protect AR Rights last week filed a motion to intervene in a League of Women Voters of Arkansas lawsuit challenging new state laws, he said. 

“We believe we’ll get injunctive relief,” Kopsky said. “If we don’t, we’ll have to rethink our strategy.”

The League of Women Voters of Arkansas’ lawsuit alleges eight recently approved laws governing direct democracy violate the First and 14th amendments to the U.S. Constitution. Protect AR Rights noted in its motion to intervene that the committee wants to challenge additional laws not included in the lawsuit, including Act 602 of 2025.

Arkansas Advocates for Children and Families is a member of the Protect AR Rights coalition. Executive Director Keesa Smith-Brantley said Monday that the group’s goal is for the proposals from Protect AR Rights and the League of Women Voters of Arkansas to work together.

“We do not want there to be any confusion. We believe that they have critical components,” she said. “There were things that we felt like we needed to equally add to make sure that we enshrine the rights of Arkansans in the Constitution, but we are hopeful to be able to work together in this process and talk about ways that we can make sure that both of the measures that we’re working on get passed.” 

Under state law, the attorney general’s office has 10 business days to approve or reject the proposed ballot measures. The League of Women Voters submitted the latest version of its proposal May 7 and is owed a response from Griffin by Wednesday. The deadline for a response on Protect AR Rights’ measure is June 3.

The attorney general’s office does not have any other pending ballot title proposals, Griffin’s communication’s director Jeff LeMaster confirmed Monday.