An act TO AMEND THE LAW CONCERNING INITIATIVE 10 PETITIONS AND REFERENDUM PETITIONS, the official text

Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas       As Engrossed: H2/6/25
2 95th General Assembly
                               A Bill

3 Regular Session, 2025                                             HOUSE BILL 1222

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5 By: Representative Ray

6 By: Senator K. Hammer

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8                         For An Act To Be Entitled

9   AN ACT TO AMEND THE LAW CONCERNING INITIATIVE

10  PETITIONS AND REFERENDUM PETITIONS; TO REQUIRE THE

11  ATTORNEY GENERAL TO REVIEW BALLOT TITLES FOR

12  CONFLICTS WITH THE UNITED STATES CONSTITUTION AND

13  FEDERAL STATUTES; TO PROHIBIT THE SUBMISSION OF

14  CONFLICTING INITIATIVE PETITIONS AND REFERENDUM

15  PETITIONS; AND FOR OTHER PURPOSES.

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18                        Subtitle

19                       TO REQUIRE THE ATTORNEY GENERAL TO

20                       REVIEW BALLOT TITLES FOR CONFLICTS WITH

21                       THE UNITED STATES CONSTITUTION AND

22                       FEDERAL STATUTES; AND TO PROHIBIT THE

23                       SUBMISSION OF CONFLICTING INITIATIVE

24                       PETITIONS AND REFERENDUM PETITIONS.

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26 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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28  SECTION 1. Arkansas Code � 7-9-107(e), concerning filing of the

29 original draft of an initiative petition or referendum petition before

30 circulation, is amended to read as follows:

31  (e) If, as a result of his or her review of the ballot title and

32 popular name of a proposed initiated act or a proposed amendment to the

33 Arkansas Constitution, the Attorney General determines that the ballot title

34 or the nature of the issue, is presented in such manner that the ballot title

35 would be misleading or designed in such manner that a vote "FOR" the issue

36 would be a vote against the matter or viewpoint that the voter believes

    *SSS056*                                                      02-06-2025 09:14:55 SSS056
    As Engrossed: H2/6/25                                                   HB1222

1 himself or herself casting a vote for, or, conversely, that a vote "AGAINST"

2 the issue would be a vote for a viewpoint that the voter is against, or that

3 the text of the proposal conflicts with the United States Constitution or a

4 federal statute, the Attorney General may reject the entire ballot title,

5 popular name, and petition and state his or her reasons therefor and instruct

6 the petitioners to redesign the proposed measure and the ballot title and

7 popular name in a manner that would not be misleading or in conflict with the

8 United States Constitution or a federal statute.

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10  SECTION 2. Arkansas Code � 7-9-107, concerning filing of the original

11 draft of an initiative petition or referendum petition before circulation, is

12 amended to add an additional subsection to read as follows:

13  (g)(1) A sponsor shall not submit multiple initiative petitions or

14 referendum petitions that are conflicting measures to the Attorney General

15 for review, except as follows:

16              (A) If an initiative petition or referendum petition is

17 certified under this section, a sponsor may submit an initiative petition or

18 referendum petition that is a conflicting measure with the certified

19 initiative petition or certified referendum petition after the date of the

20 next general election following the certification; or

21              (B) If an initiative petition or referendum petition is

22 rejected under this section, a sponsor may submit an initiative petition or

23 referendum petition that is a conflicting measure with the rejected

24 initiative petition or referendum petition.

25              (2) The Attorney General shall reject all initiative petitions

26 and referendum petitions that are submitted by a sponsor in violation of this

27 subsection.

28              (3) As used in this subsection, "conflicting measures" means two

29 (2) or more initiative petitions or referendum petitions that:

30              (A) Cover the same subject matter;

31              (B) Are for the same general purpose; and

32              (C) Contain different language in any part of their full

33 texts, ballot titles, or popular names.

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35 SECTION 3. SEVERABILITY. The provisions of this act are declared to

36 be severable, and the invalidity of any provision of this act shall not

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    As Engrossed: H2/6/25          HB1222

1 affect other provisions of the act which can be given effect without the

2 invalid provision.

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4                          /s/Ray

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