A Pulaski County judge has struck down a 2023 state law that increased the number of counties required for ballot initiative petitions, ruling the measure unconstitutional under the Arkansas Constitution.
In an order issued Thursday, the circuit court found that Act 236 of 2023 violates Article 5, Section 1 the Initiative and Referendum Amendment by raising the county distribution requirement for petition signatures from 15 counties to 50.
The lawsuit was filed in 2023 by the League of Women Voters of Arkansas and state Sen. Bryan King. The plaintiffs argued the law conflicted with the express language of the state constitution governing citizen-led ballot initiatives.
In the written order, the court stated that Act 236 “clearly and unmistakably conflicts” with the constitution and is therefore unconstitutional on state law grounds. The judge also rejected the state’s claim of sovereign immunity, writing that the defense “lacks merit.”
Leaders with the League of Women Voters of Arkansas praised the decision.
“For over a century, the League of Women Voters of Arkansas has been steadfast in defending our constitutional rights,” Arkansas League President Bonnie Miller said in a statement. “We filed this lawsuit three years ago immediately following its passage and today we celebrate the striking down of this thinly veiled attempt to silence the voters. This is a good day for the people.”
The office of Arkansas Attorney General Tim Griffin said Friday that it plans to appeal the ruling.
WebReadyTM Powered by WireReady® NSI