August 2023
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Referendum Bid Ends With Incomplete Paperwork
A new education law that increases teacher pay and allows parents to use public dollars for private schooling in Arkansas went into effect this month without a voter referendum.

Citizens for Arkansas Public Education and Students (CAPES) met the July 31 deadline to turn in petitions calling for a vote on Act 237, otherwise known as the LEARNS Act. They asked voters to sign referendum petitions right up to the last minutes before the deadline.

CAPES gave the Secretary of State's Office an estimated 53,675 signatures.

Secretary of State officials quickly confirmed what organizers suspected that day: they didn't have the 54,422 voter signatures required to qualify for the November 2024 ballot.

But also out of reach: an additional 30 days to "cure," or collect more voter signatures for one last attempt to make the ballot.

What Happened?
Arkansas law allows ballot issue groups more time to collect additional signatures if their initial submission shows they have at least 75% of the required signatures. Voters approved this requirement in a 2014 constitutional amendment. (Read our fact sheet from 2014.)

CAPES did not meet the threshold due to paperwork and numbers.

The campaign-ending letter from the Secretary of State's Office on Aug. 4 said CAPES failed to submit an official affidavit as required by law indicating the "number of petitions and the total number of signatures being filed."

Instead, the letter states, CAPES submitted a spreadsheet showing how many signatures they collected in each of the state's 75 counties. The spreadsheet indicates the group met their numerical goal in 48 counties, or two fewer counites than required by a new state law.

"Thus, your own submission represented that you failed to meet both the total signature and county distribution requirements," the Secretary of State's letter reads.

During the 2023 session, Arkansas legislators increased the number of counties where voter signatures must come from for citizen-initiated constitutional amendments, state laws, and referendums. Previously, ballot issue groups needed a certain number of signatures from at least 15 counties. A lawsuit over Act 236 continues.


According to the Secretary of State's letter, CAPES was short by 978 signatures. The Secretary of State's Office stopped there and didn't check the validity of any signatures.

What Does an Affidavit look like?
The state does not provide ballot issue groups a form to use for their affidavit.

Affidavits from past ballot issue campaigns look like legal documents one would find filed in court, and include citations of state laws and descriptions of attachments.


The last time a referendum appeared on the statewide ballot was in 1994, when voters decided to keep a sales tax on soft drink sales.

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.

There are no citizen-initiated ballot petitions currently in circulation. Attorney General Tim Griffin has not certified any citizen initiative beyond the referendum that is now over.
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.
Submitted to the Secretary of State's Office
The Secretary of State's Office received two proposed ballot issue titles last month. But they are not official ballot proposals because the Attorney General's Office is now responsible for reviewing titles ahead of signature collecting.

No author is listed on the two petitions, nor has the Attorney General's Office released any opinions certifying or rejecting the proposals.
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 141 - Absentee ballots - Allows people who would be absent on Election Day for religious reasons to vote by absentee ballot.

Act 305 - Write-in Candidates - Eliminates the practice of write-in candidates in Arkansas.

Act 320 - Absentee ballots - Requires people assisting voters with absentee ballot applications to include their name and signature on the application. People picking up an absentee ballot must provide a copy of their federal or state-issued photo identification.
Public Policy Center | uaex.uada.edu/ballot
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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.

News & Notes Volume 10, Issue 10. This e-mail newsletter is shared with Cooperative Extension Service agents, subscribers from the general public and election officials or educators identified by the Public Policy Center. To unsubscribe, click below on "instant removal with SafeUnsubscribe."

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