Arkansas Ballot Issues Newsletter

October 2023

Period Group Working on Signatures for 2024, FOI Group Hosting Meetings

A group seeking to end state and local sales taxes charged on period products and diaper purchases can now collect voter signatures for their proposed 2024 ballot issue.

Arkansas Attorney General Tim Griffin certified the 75-word ballot title on Oct. 10. His Attorney General Opinion notifying the Arkansas Period Poverty Project of his certification included several cautions about grammatical errors and "improper numbering."

Read AG Opinion 2023-092

David Couch, the attorney working with the group on the ballot title, said they would continue with the ballot title as certified.

Shannie Jackson, leader of the Arkansas Period Poverty Project, said her small volunteer group has been working on printing petitions for canvassing, developing a website, and planning fundraising efforts.

"It’s people power that we're gong to need," Jackson said Thursday. "Boots on the ground."

A 2021 legislative bill that sought to end sales taxes on menstrual products did not make it through committee. A Department of Finance and Administration fiscal impact statement developed for the bill estimated that exempting period products would result in a reduction of $2.3 million in state sales tax and $766,667 less in county and city sales taxes.

Founded in 2018, The Arkansas Period Poverty Project is the only ballot issue group that has taken the first official step to a 2024 ballot issue campaign.

Freedom of Information Act in Constitution?

Another group has hosted several public meetings to build momentum for their cause, putting the state's Freedom of Information Act into the Arkansas constitution.

Arkansas Citizens for Transparency released a draft of their proposed constitutional amendment earlier this month.

The Freedom of Information Act is a chapter of law establishing public records and meeting requirements. Gov. Winthrop Rockefeller signed the act into law in 1967.

Arkansas Citizens for Transparency took their draft on the road, hosting public meetings in Fort Smith and Fayetteville this week. They plan to be in West Memphis on Oct. 30, and in Little Rock and Conway on Nov. 2. At the events, people are providing their feedback on the draft amendment.

The group plans to file an updated draft with the Attorney General's Office once the public meetings are over.

Citizen Ballot Issues

Citizen ballot issue groups seeking to place constitutional amendments or state laws on next year's ballot will have until July to collect and turn in voter signatures.

A lawsuit over the number of counties where voter signatures must be gathered continues.

Follow the 50-county court case 60CV-23-1816 online.

Ballot issue groups supporting or opposing a potential issue must file with the Arkansas Ethics Commission within five days of receiving or spending $500.

On the 2024 Ballot - From the Legislature

For the first time in nearly 40 years, Arkansas legislators have referred only one constitutional amendment to voters. Election Day is Nov. 5, 2024.

Issue 1 - A constitutional amendment to provide that lottery proceeds may be used to fund or provide scholarships and grants to Arkansas citizens enrolled in vocational-technical schools and technical institutes.

Looking Forward - Citizens Proposals for 2024 Ballot

Arkansas is one of 15 states where citizens have the right to put constitutional amendments, state laws and referendums on the ballot for voters to decide.

The citizen initiative process involves filing a ballot title with the Attorney General's Office, collecting voter signatures across the state and submitting the petitions for verification.

Referendums require voter signatures equaling 6% of the number of people who voted in the last governor's election. State laws require 8%, and constitutional amendments require 10%

Attorney General Opinions

The Attorney General is responsible for reviewing the language and titles of potential ballot issues submitted to voters by the public. Ballot issue groups can circulate petitions only after the Attorney General verifies that the ballot title and popular name honestly, intelligibly and fairly describe the purpose of a proposed constitutional amendment or act. The following are recent Attorney General opinions regarding potential ballot issues:

Ballot Proposals Rejected

Oct. 18, 2023 - An Initiated Act to Allow Vehicles Twenty-Five (25) Years or Older to Apply for Antique Automobile License Tags - A proposal to make older vehicles eligible for antique license tags was rejected due to a number of flaws that made the title misleading to voters. One issue included an effective date before the 2024 election, according to Opinion No. 2023-098. David E. Dinwiddie of Pine Bluff submitted the proposed law.

Sept. 25, 2023 - An Act to Exempt Feminine Hygiene Products from Sales and Use Tax - A proposal to exempt period products from local and state sales tax was rejected because of ambiguities in the text, according to Opinion No. 2023-084. David Couch of Little Rock submitted the proposed law.

Ballot Proposals Approved for Signature Gathering

Oct. 10, 2023 - An Act to Exempt Feminine Hygiene Products and Diapers from Sales and Use Tax - A proposal to exempt period products and diapers from local and state sales tax was approved for signature gathering, according to Opinion No. 2023-092. David Couch of Little Rock submitted the proposed law.

November 2023 Special Elections

Numerous local elections are taking place Nov. 14, 2023 across Arkansas. Early voting starts Nov. 7, 2023.

According to the Secretary of State's Office, 32 counties indicated they may have an election taking place next month. The majority of counties reported annual school elections.

Those with special elections unrelated to schools include:

Monette in Craighead County. There is a one-cent sales tax proposal on the ballot, according to KAIT.

Lafayette County. Voters are deciding on a bond refinancing and sales tax proposal to generate money for the county jail.

Bryant in Saline County. Voters are deciding whether to implement taxes on prepared foods and hotel rooms (Advertising and Promotion Commission taxes), according to Mysaline.com.

Fayetteville in Washington County. Voters in Ward 1 will decide who fills the vacancy in the Ward 1, Position 1.

Contact your county clerk's office for more information. Some counties have also uploaded sample ballots to VoterView.

New Election Laws Take Effect

Of the 890 new Arkansas laws passed this year, several involve elections and voting. Below are links to some of those new laws. We will continue to share more new laws in coming months.

Act 96 - Income tax - Prohibits counties and cities from enacting an income tax. Previously an income tax could be proposed to voters through a special election.

Act 116 - City Attorney - Establishes that city attorneys can be a hired employee for cities with populations less than 50,000 people. For cities in a mayor-council form of government without such an ordinance in place, the position is elected every four years.

Act 441 - Voter Registration Audit - Requires the State Board of Election Commissioners to audit voter registration data each year and to post the results of the audit on the commission's website.

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The Public Policy Center was established in 2004 to provide Arkansans with timely, credible, unaligned and research-based information and education about public issues. Public issues are defined as pressing and emerging issues that involve multiple points of view and have widespread consequences.

Our goals are to:

Increase citizen knowledge, awareness and understanding of public issues;
Enhance public participation in decisions regarding public issues, and
Help citizens craft, evaluate and implement alternative solutions to public issues.

We are part of the Community, Professional and Economic Development unit at the University of Arkansas System Division of Agriculture, Cooperative Extension Service in Little Rock.

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