Did the AG certify the popular name and ballot title for an earlier version of the Campaign Finance Act of 2016 covering independent-expenditure disclosure?

Plain-English summary

Paul J. Spencer submitted a proposed initiated act called "The Campaign Finance Act of 2016" for Arkansas ballot-title review. Attorney General Leslie Rutledge rejected its title for three stated reasons: it omitted a key proposed change in law, the submitted measure was missing Section 103, and the title failed to summarize much of the measure. She could not substitute a title while the text remained unclear. Official opinion index, search Opinion No. 2015-0042; see the original text below.

First, the ballot title said the act would require reporting of "independent expenditures," which largely described existing law. The proposal would also redefine that term to cover a hybrid of independent expenditures and electioneering communications. The proposed definition included "express advocacy, or its functional equivalent," but the AG said "functional equivalent" was unclear. She could not accurately tell voters what the new definition would include. Official opinion index, Opinion No. 2015-0042, pp. 4–5.

Second, the submitted text jumped over Section 103. The AG said that might be a typographical error or the omission of an entire substantive section, and either possibility stopped her from checking the title against the complete proposal. Third, the title used 119 words for an eight-page measure, with 80 words covering less than one page. The remaining 39 words did not adequately summarize the other seven pages or explain how existing law would change. Official opinion index, Opinion No. 2015-0042, p. 5.

What this means for you

If you draft an initiative: The AG's objections here show why the title and submitted text have to be reviewed together. Describe a change in an existing statutory term, supply every section of the measure, and give voters a usable account of the proposal's main provisions. The opinion instructed this sponsor to redesign the measure and title and allowed resubmission. Official opinion index, Opinion No. 2015-0042, pp. 4–5.

Common questions

Was the proposal rejected because the AG opposed campaign finance reform? No. The opinion expressly says certification or rejection does not reflect the AG's view of a measure's merits. Its stated concerns are the title's misleading summary and ambiguities or omissions in the submitted text. Official opinion index, Opinion No. 2015-0042, pp. 1, 4–5.

What change did the title fail to tell voters about? The proposal would redefine "independent expenditure" as a hybrid category including electioneering communications. The AG said the title did not disclose that change and called the omission misleading. Official opinion index, Opinion No. 2015-0042, pp. 4–5.

Was Section 103 deliberately left out? The opinion does not decide. It says the absence might be a typo or a substantive omission, making it impossible to determine whether the title summarized the whole proposal. Official opinion index, Opinion No. 2015-0042, p. 5.

Could the AG write a better title herself? She said she could not do so accurately until the proposal's ambiguities were resolved. She also said she was not authorized to craft a suitable ballot title "out of whole cloth." Official opinion index, Opinion No. 2015-0042, pp. 4–5.

Background and statutory framework

The AG reviewed this proposed initiated act under A.C.A. § 7-9-107. The opinion describes authority to substitute a more suitable title where practicable and to reject a sufficiently misleading submission. It applies the rule that a title must give voters an impartial understanding of what the measure would do. Official opinion index, Opinion No. 2015-0042, pp. 2–4.

Source

• Official opinion index: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/ (search Opinion No. 2015-0042)

Original opinion text

STATE OF ARKANSAS
THE ATTORNEY GENERAL
LESLIE RUTLEDGE
Opinion No. 2015-042
May 4, 2015
Paul J. Spencer, Chairman
Regnat Populus Ballot Question Committee
Post Office Box 1087
Little Rock, Arkansas 72203-1087
Dear Mr. Spencer:
Neither certification nor rejection of a popular name and ballot title reflects my view of the merits of the proposal. This Office has been given no authority to consider the merits of any measure. This is in response to your request for certification, pursuant to A.C.A. § 7-9-107 (Repl. 2013 ), of the popular name and ballot title for a proposed initiated act. You have previously submitted several measures, the most recent of which I rejected in Opinion No. 2015-001. Having altered your proposal's ballot title and text, you have now submitted the following proposed popular name and ballot title for my certification: Popular Name THE CAMPAIGN FINANCE ACT OF 2016 Ballot Title An act amending Arkansas law to require reporting of independent expenditures through the Secretary of State or county clerk; requiring the disclosure of sponsors of independent expenditure advertisements, or advertisements for or against ballot questions or legislative questions;and [sic] calling upon the congressional delegation of Arkansas to support, and the Arkansas General 323 CENTER STREET, SUITE 200 •LITTLE ROCK, ARKANSAS 72201 TELEPHONE (501) 682-2007 •FAX (501) 682-8084 INTERNET W EBSITE. http://www.ag.state.ar.us/ Paul J. Spencer, Chairman Regnat Populus Ballot Question Committee Opinion No. 2015-042 Page 2 Assembly to ratify, an amendment to the United States Constitution clarifying the power of congress and the states to regulate and set reasonable limits on the raising and spending of money by candidates and others to influence elections, and in so doing, to distinguish between natural persons and corporations or other artificial entities created by law, including by prohibiting such entities from spending money to influence elections The Attorney General is required, pursuant to A.C.A. § 7-9-107, to certify the popular name and ballot title of all proposed initiative and referendum acts or amendments before the petitions are circulated for signature. The law provides that the Attorney General may, if practicable, substitute and certify a more suitable and correct popular name and ballot title. Or, if the proposed popular name and ballot title are sufficiently misleading, the Attorney General may reject the entire petition. Section 7-9-107 neither requires nor authorizes the Attorney General to make legal determinations concerning the merits of the act or amendment, or concerning the likelihood that it will accomplish its stated objective. In addition, consistent with Arkansas Supreme Court precedent, unless the measure is "clearly contrary to law,"1 the Attorney General will not require that a measure's proponents acknowledge in the ballot title any possible constitutional infirmities. As part of my review, however, I may address constitutional concerns for consideration by the measure's proponents. Consequently, this review has been limited primarily to a determination, pursuant to the guidelines that have been set forth by the Arkansas Supreme Court, discussed below, of whether the popular name and ballot title you have submitted accurately and impartially summarize the provisions of your proposed act. The purpose of my review and certification is to ensure that the popular name and ballot title honestly, intelligibly, and fairly set forth the purpose of the proposed amendment or act. 2 1 See Kurrus v. Priest, 342 Ark. 434, 445, 29 S.W.3d 669, 675 (2000); Donovan v. Priest, 326 Ark. 353, 359, 931 S.W.2d 119, 121 (1996); Plugge v. McCuen, 310 Ark. 654, 841S.W.2d139 (1992). 2 See Arkansas Women's Political Caucus v. Riviere, 283 Ark. 463, 466, 677 S.W.2d 846 (1984). Paul J. Spencer, Chairman Regnat Populus Ballot Question Committee Opinion No. 2015-042 Page 3 The popular name is primarily a useful legislative device. 3 It need not contain detailed information or include exceptions that might be required of a ballot title, but it must not be misleading or give partisan coloring to the merit of the proposal. 4 The popular name is to be considered together with the ballot title in determining the ballot title's sufficiency.5 The ballot title must include an impartial summary of the proposed amendment or act that will give the voter a fair understanding of the issues presented.6 According to the Court, if information omitted from the ballot title is an "essential fact which would give the voter serious ground for reflection, it must be disclosed."7 At the same time, however, a ballot title must be brief and concise (see A.C.A. § 7-9- 107(b)); otherwise voters could run afoul of A.C.A. § 7-5-522's five minute limit in voting booths when other voters are waiting in line. 8 The ballot title is not required to be perfect, nor is it reasonable to expect the title to cover or anticipate every possible legal argument the proposed measure might evoke. 9 The title, however, must be free from any misleading tendency, whether by amplification, omission, or fallacy; it must not be tinged with partisan coloring.10 The ballot title must be honest and impartial, 11 and it must conve(i an intelligible idea of the scope and significance of a proposed change in the law. 2 Furthermore, the Court has confirmed that a proposed amendment cannot be approved if "[t]he text of the proposed amendment itself contribute[s] to the 3 Paffordv. Hall, 217 Ark. 734, 739, 233 S.W.2d 72, 75 (1950). 4 E.g., Chaney v. Bryant, 259 Ark. 294, 297, 532 S.W.2d 741, 743 (1976); Moore v. Hall, 229 Ark. 411, 316 S.W.2d 207 (1958). 5 May v. Daniels, 359 Ark. 100, 105, 194 S.W.3d 771, 776 (2004). 6 Becker v. Riviere, 270 Ark. 219, 226, 604 S.W.2d 555, 558 (1980). 7 Bailey v. McCuen, 3 I 8 Ark. 277, 285, 884 S.W.2d 938, 942 (1994). 8 Id. at 288, 884 S. W.2d at 944. 9 Id. 293, 884 S.W.2d at 946--47. 10 Id. at 284, 884 S. W.2d at 942. 11 Becker v. McCuen, 303 Ark. 482, 489, 798 S.W.2d 71, 74 (1990). 12 Christian Civic Action Committee v. McCuen, 318 Ark. 241, 245, 884 S. W.2d 605, 607 (1994) (internal quotations omitted). Paul J. Spencer, Chairman Regnat Populus Ballot Question Committee Opinion No. 2015-042 Page 4 confusion and disconnect between the language in the popular name and the ballot title and the language in the proposed measure."13 The Court concluded that "internal inconsistencies would inevitably lead to confusion in drafting a popular name and ballot title and to confusion in the ballot title itself."14 Where the effects of a proposed measure on current law are unclear or ambiguous, it is impossible for me to perform my statutory duty to the satisfaction of the Arkansas Supreme Court without clarification of the ambiguities. Applied the above precepts to analyze your proposed measure and ballot title, I conclude that I must reject your proposed ballot title for three reasons: (1) the ballot title does not indicate to the voter a key proposed change in current law, and I am unable to summarize that change due to vagueness in the text of the measure; (2) an entire section is missing from the text; and (3) the ballot title does not attempt to completely summarize sections of the proposed measure's text. These deficiencies seem to stem from the fact that this proposal attempts to meld two separate categories of election-related speech (independent expenditures and electioneering communications) into a single category. At this time, I cannot fairly or completely summarize the effect of your proposed measure to the electorate in a popular name or ballot title without the resolution of the ambiguities. I am therefore unable to substitute and certify a more suitable and correct popular name and ballot title pursuant to A.C.A. § 7-9-107(b ). Change in law The first issue that prevents me from certifying your proposed ballot title is that it does not inform the voter that the term "independent expenditure" would be redefined in the statute under your proposed measure. The proposed ballot title begins to summarize the measure as follows: "An act amending Arkansas law to require reporting of independent expenditures through the Secretary of State or county clerk." Read on its face, and with the exception of the phrase "or county clerk," that statement reflects the current law. The voter is not being told that the proposed measure would alter the meaning of "independent expenditure" to create a hybrid category of election-related speech that covers both independent expenditures and electioneering communications. Thus, the ballot title has a "misleading tendency" that renders it legally deficient. 13 Roberts v. Priest, 341 Ark. 813, 825, 20 S.W.3d 376, 383 (2000). 14 Id. Paul J. Spencer, Chairman Regnat Populus Ballot Question Committee Opinion No. 2015-042 Page 5 Further, while I am authorized to revise a ballot title to ensure that it complies with the legal requirements, I cannot do that here because the proposed measure defines "independent expenditure" in a way that I am unable to summarize. The term is redefined, in part, to mean an "expenditure for a communication" that "( c ]ontains express advocacy, or its functional equivalent, of the election or def eat of a clearly identified candidate." It is not clear what is meant by the phrase "or its functional equivalent." Perhaps you are intending to capture what is referred to in federal law as a communication that "is suggestive of no plausible meaning other than an exhortation to vote for or against a specific candidate."15 But this is not clear from the measure itself; and your proposed ballot title contains no summary of the new definition. I believe the redefinition of "independent expenditure" is an essential fact to be conveyed to the voter. But I am unable to determine your intent in this regard and thus cannot substitute a ballot title accurately describing this important aspect of the proposed act. Missing Section The text of the proposed measure is missing the entirety of Section 103. While this may simply be a typographical error, it might also represent a substantive mistake that omits a whole section of your proposal. Accordingly, I cannot ensure that the ballot title adequately summarizes the text. Insufficient Summary The ballot title devotes most of its summary to a relevantly small section of the proposal. Specifically, the proposed measure's text spans eight pages. The ballot title summarizes those eight pages in 119 words, 80 of which summarize less than one page of the proposal. The resulting 39 words do not sufficiently summarize the remaining seven pages of the proposal in such a way that the voter is informed of the proposal's provisions. Nor does the ballot title attempt to explain to the voter how the proposal changes existing law. As Opinion No. 2014-135 indicated in response to one of your prior submissions, though I am legally authorized to craft a suitable ballot title, I am not authorized to craft one out of whole cloth. My office in the certification of ballot titles and popular names does not address the merits, philosophy, or ideology of proposed measures. I have no constitutional role in the shaping or drafting of such measures. My statutory mandate is embodied only in A.C.A. § 7-9-107, and my duty is to the electorate. 15 52 U.S.C. § 30 l 04(f)(a)(ii) (providing an alternative definition for "electioneering communication"). Paul J. Spencer, Chairman Regnat Populus Ballot Question Committee Opinion No. 2015-042 Page 6 Based on what has been submitted, my statutory duty is to reject your proposed ballot title for the foregoing reasons and instruct you to redesign the proposed measure and ballot title. 16 You may resubmit your proposed act along with a proposed popular name and ballot title at your convenience. Sincerely,
--- ~µ-//f7 ----· )__ ~ . / -/~ ... ..c::::.:-.----L ES LIE RUTLEDGE Attorney General LR/cyh Enclosure 16 A.C.A. § 7-9-107(c) INITIATIVE PETITION To the Honorable Mark Martin, Secretary of the State of Arkansas; We, the undersigned legal voters of the State of Arkansas, respectfully propose the following Initiated Act, to wit: Popular Name THECAMPAIGN FINANCE ACTOF 2016 Ballot Title AN ACT AMENDING ARKANSAS LAW TO REQUIRE REPORTING OF INDEPENDENT EXPENDITURES THROUGH THE SECRETARY OF STATE OR COUNTY CLERK; REQUIRING THE DISCLOSURE OF SPONSORS OF INDEPENDENT EXPENDITURE ADVERTISEMENTS, OR ADVERTISEMENTS FOR OR AGAINST BALLOT QUESTIONS OR LEGISLATIVE QUESTIONS;AND CALLING UPON THE CONGRESSIONAL DELEGATION OF ARKANSAS TO SUPPORT, AND THE ARKANSAS GENERAL ASSEMBLY TO RATIFY, AN AMENDMENT TO THE UNITED STATES CONSTITUTION CLARIFYING THE POWER OF CONGRESS AND THE ST ATES TO REGULATE AND SET REASONABLE LIMITS ON THE RAISING AND SPENDING OF MONEY BY CANDIDATES AND OTHERS TO INFLUENCE ELECTIONS, AND IN SO DOING, TO DISTINGUISH BETWEEN NATURAL PERSONS AND CORPORATIONS OR OTHER ARTIFICIAL ENTITIES CREATED BY LAW, INCLUDING BY PROHIBITING SUCH ENTITIES FROM SPENDING MONEY TO INFLUENCE ELECTIONS Findings and Purposes WHEREAS, the People of the State of Arkansas seek to create a democracy that is truly of, by and for the People and not bought and paid for by corporations, unions and the wealthy; and WHEREAS, the People of the State of Arkansas recognize that the U.S. Supreme Court ruling inCitizens United v. Federal Election Commission has opened the gate for a flood of new special interest money into Arkansas state elections, much of which is undisclosed and hidden from public view; and WHEREAS, the People of the State of Arkansas recognize that a democracy of, by and for the people is founded upon an informed electorate, that the public interest is served when the interests of campaign donors and funders of political advertising are disclosed, and that transparency in political spending is critical for preventing corruption; and 2 WHEREAS, the People of the State of Arkansas believe that Congress and the states should have the authority to limit campaign spending in our elections; THEREFORE, THE PEOPLE OF THE STATE OF ARKANSAS do enact as follows: Section 1: Disclosure of Sources of Campaign Expenditures Amending Title 7, Chapter 6, Subchapter 2, as follows: SECTION 101. Short title. This chapter shall be known and cited as "The Arkansas Disclose Act." SECTION 102. Definitions. A. CA. §7-6-201 is amended to renumber existing paragraphs (8) through (18) accordingly and insert new paragraph (8) as follows: fil"Disclosure Internet Web site" means a person's or committee's Internet Web site for a specific campaign that discloses the top identifiable contributors to that person or committee for that campaign, as described in §7-6-228. A. CA. 97-6-201, re-numbered paragraph (12), "Independent Expenditure" is repealed and replaced as follows: (12)(A)An "independent expenditure" means any expenditure for a communication which is not a contribution and which: (i) Refers to a clearly identified candidate for state or local elective office; and (ii) Ts made without arrangement, cooperation, or const1ltation between any candidate or any authorized committee or agent of a candidate and the person making the expenditure or any authorized agent of that person, and is not made in concert with or at the request or suggestion of any candidate or any authorized committee or agent of the candidate; and (iii) Satisfies at least one of the following standards: (a) Contains express advocacy, or its functional equivalent, of the eledion or defeat of a clearly identified candidate for office; or (b) Is disseminated, broadcast or otherwise published within 60 days of the election sought by a candidate, mentions a candidate and targets the candidate's relevant electorate. For purposes of this sub-paragraph, a communication "targets the candidate's relevant electorate" if it can be received by: (i) For broadcast, cable, satellite or electronic communications: 15,000 or more individuals in the state for statewide office, or 5 percent of the jurisdiction's population or 3,000 or more individuals, whichever is less, for other offices; or 3 (ii) For mass mailing, print or telephone bank: 2,500 or more "households" in the state for statewide office, or 5 percent of the jurisdiction's "households" or 500 or more "households," whichever is less, for other offices. (B) "Independent Expenditure" does not include- (i) a communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, unless such facilities are owned or controlled by any political party, political committee, or candidate; (ii) a communication which constitutes a candidate debate or forum conducted pursuant to regulations adopted by the Arkansas Ethics Commission, or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum; (iv) a communication on the Internet or through email that is not a paid advertisement on another person's web site or internet communications service; and (v) any other communication exempted under such regulations as the Arkansas Ethics Commission may promulgate consistent with this Act. SECTION 104. Reporting of independent expenditures. A.CA. §7-6-220 of Title 7, Chapter 6, Subchapter 2, is repealed and replaced as follows:
§7-6-220. Reporting of independent expenditures.
(a) A person who is not subject to §7-6-220(b) and who makes a payment or a promise of payment aggregating two thousand dollars ($2,000) or more in any calendar year for an independent expenditure shall file electronically within 48 hours of making the payment or the promise to make the payment a report with the Secretary of State or County Clerk, whichever is appropriate. Such report shall include: (1) The name of the person, address, occupation, and employer, and amount of the payment; and (2) The elections to which the independent expenditures pertain and the names of the candidates identified or to be identified. (b) A person who receives contributions in an aggregate amount or value in excess of five hundred dollars ($500) in a calendar year which were made, solicitedor used in whole or part for the purpose of making independent expenditures, regardless of whether such contributions were made or solicited for specific independent expenditures, or an independent expenditure committee which makes independent expenditures in an aggregate amount or value in excess of five hundred dollars ($500) in a calendar year, shall file reports with the Secretary of State or County Clerk, whichever is appropriate, following the same quarterly and monthly reporting schedule applicable to candidates set forth in §7-6-207(a)(l)(A) and (B) after meeting the reporting threshold of five hundred dollars ($500) or more; except that within 60 days of the relevant election, a person or committee making independent expenditures shall file electronically with the Secretary of State or County Clerk, whichever is appropriate, a report of each additional independent expenditure of two thousand dollars ($2,000) or more within 48 hours of such expenditure.Such reports shall include: ( 1) The total amount of contributions received, with loans stated separately, the total amount of expenditures made during the filing periods, and the cumulative amount of those totals for the entire election cycle; 4 (2) The identification of the person making the independent expenditure, of any person sharing or exercising direction or control over the activities of such person, and of the custodian of the books and accounts of the person making the independent expenditure; (3) The principal place of business of the person making the independent expenditure, if not an individual; ( 4) The name and address of each person who made a contribution or contributions that in the aggregate exceeded two hundred dollars ($200) during the reporting period, the contributor's place of business, employer, occupation, and date of the contribution and the amount contributed; (5) The name and address of each person who contributed a non-money item, together with a description of the item, the date of receipt, and the value, not including volunteer service by individuals; (6) Donors who made a contribution or contributions that in the aggregate exceeded two hundred dollars ($200) during the reporting period to a person making independent expenditures, other than a committee, need not be disclosed ifthe donation was specifically earmarked not to be used for an independent expenditure and in fact was not used in whole or in part for an independent expenditure. (7) An itemization of all single expenditures made which exceed one hundred dollars ($100), including the amount of the expenditure, the name and address of any person to whom the expenditure was made, and the date the expenditure was made; (8) The elections to which the independent expenditures pertain and the names of the candidates identified or to be identified. (c) The information required in§ 7-6-207(b): (1) May be provided in the form of a schedule or schedules attached to the report. (2) The report shall be verified by an affidavit of an officer of the committee stating that to the best of his or her knowledge and belief the information disclosed is a complete, true, and accurate financial statement of the committee's contributions received and made. ( d) (1) A quarterly or monthly report is timely filed if it is either delivered by hand or mailed to the Secretary of State or County Clerk, properly addressed, postage prepaid, bearing a postmark indicating that it was received by the post office or common carrier on the date that the report is due. (2) The Secretary of State or County Clerk shall accept via facsimile any report if the original is received by the Secretary of State within ten (10) days of the date of transmission. (3) The Secretary of State or County Clerkshall receive reports in a readable electronic format that is acceptable to the Secretary of State or County Clerk and approved by the Arkansas Ethics Commission. SECTION 105. Disclosure of sponsors of political advertisements. A new A. CA. §7-6-228 and §7-6-229 are added to Title 7, Chapter 6, Subchapter 2, as follows: 5
§7-6-228. Disclosure Internet Web site. A person or committeesu~ject to §7-6-220(b) that has paid for independent expenditure communications, or advertisements for or against ballot questions or legislative questions and that has received cumulative contributions that meet or exceed two thousand dollars ($2,000) during the reporting periods shall establish and maintain a disclosure f ntcrnet Wch site. If the committee has an Internet Web site., that Internet Web site msy also serve as the disclosure Internet Web site.The homepage of the disclosure Internet Web site and any landing pages that visitors are directed to on the disclosure Internet Weh site and any other Internet Web sites maintained by the person or committee shall include a disclosure area that satisfies all of the following: (a) The disclosure area shall include the text "Top Funders"during the election located at the top of the disclosure area and centered horizontally in the disclosure area. (b) Immediately below the text described in subdivision (b), the disclosure area shall include a list oflhe identifiable contributors who have made the 10 largest cumulative contributions to the committee during the election. If there are fower than 10 identifiable contributors, the disclosure area shall be adjusted accordingly. Each identifiable contributor shall be disclosed on a separate horizontal line, in descending order, begim1ing with the identifiable contributor who made the largest cumulative contributions on the first line.
§7-6-229. Disclosure of sponsors of independent expenditure advertisements or advertisements for or against ballot questions or legislative questions. ( l) An independent expenditure advertisement or advertisement for or against a ballot question or legislative question that is a radio advertisement or prerecorded telephonic message shall include a statement at the end of the advertisement read in a clearly spoken manner and in a pitch and tone substantially similar to the rest of the advertisement that lists the top three funders and the committee that paid for the advertisement. If there are fewer than three identifiable contributors, the disclosure required by subdivision (a) shall be adjusted accordingly to disclose the qualifying identifiable contributors, if any. (2) If there is only one identifiable contributor or the advertisement lasts 15 seconds or less, the disclosure required by subdivision (a) shall be adjusted to read as follows: "Top funder of this ad is [state name of identifiable contributor who made the largest cumulative contributions]. Paid for by [name of the committee that paid for the advertisement]." 6 (3) If there are no identifiable contributors or the committee that paid for the advertisement is the only identifiable contributor, it may replace the disclosure required by subdivision (a) with the following: "Paid for by [name of the committee that paid for the advertisement]." (b) An independent expenditure advertisement or advertisement for or against a ballot question or legislative question that is a television or video advertisement shall include a disclosure area with a solid black background on the entire bottom one-third of the television or video display screen at the beginning of the advertisement for a minimum of five seconds in the case of an advertisement that lasts 30 seconds or less or a minimum of 10 seconds in the case of an advertisement that lasts longer than 30 seconds. The disclosure area shall include all of the following: (I) The text "Top Funders of This Ad." The text shall be located at the top of the disclosure area and centered horizontally; (2) Immediately below the text described in paragraph (1), the names of the identifiable contributors who have made the three largest cumulative contributions. The identifiable contributors shall each be disclosed on a separate horizontal line, in descending order, beginning with the identifiable contributor who made the largest cumulative contributions on the first line. The name of each of the identifiable contributors shall be centered horizontally; (3) The text "Paid for by [name of the committee that paid for the advertisement]"; and (4) If there are fewer than three identifiable contributors, the disclosure required by this subdivision shall be adjusted accordingly to disclose only those that qualify as identifiable contributors, if any. If the committee does not have any identifiable contributors, the disclosure shall be adjusted to include the name of the committee in place of the names of identifiable contributors. (c) An independent expenditure advertisementor advertisement for or against a ballot question or legislative question that is a mass mailing or a print advertisement and that is 12 square inches or more in size shall include a disclosure area on the largest page of the mass mailing or print advertisement that satisfies all of the following: (1) The disclosure area shall have a solid white background so as to be easily legible, and shall be in a printed or drawn box on the bottom of the page that is set apart from any other printed matter; (2) The text "Top Funders of This Ad" shall be located at the top of the disclosure area and centered horizontally in the disclosure area; (3) Immediately below the text described in paragraph (2) shall be the names of the identifiable contributors who have made the three largest cumulative contributions. The identifiable contributors shall each be disclosed on a separate horizontal line, in descending order, beginning with the identifiable contributor who made the largest cumulative contributions on the first line. The name of each of the identifiable contributors shall be centered horizontally in the disclosure area; (A) If the advertisement is 4 inches tall or less, it need only show the names of the identifiable contributors who have made the two largest cumulative contributions. 7 (B) If the advertisement is 3 inches tall or less, it need only show the name of the identifiable contributor who made the largest cumulative contribution, and the text required by paragraph (2) shall say "Top Funder of This Ad"; (4) Immediately below the text described in paragraph (3), the text "Funding Details At
[insert Internet Web site address of the disclosure Internet Web site];" (5) The text "Paid for by [name of the person or committee that paid for the advertisement];" and (6) If there are fewer than three identifiable contributors, the disclosure shall be adjusted accordingly to disclose the qualifying identifiable contributors, if any. If the committee does not have any identifiable contributors, the disclosure shall be adjusted to include the name of the committee in place of the names of identifiable contributors. ( d) The Arkansas Ethics Commission may promulgate regulations to require disclaimers on all fonns of political advertisements not covered by this article, including, but not limited to, electronic media advertisements and billboards. If feasible, the regulations shall require the listing of the name of the committee and as many of the three identifiable contributors that made the largest cumulative contributions as possible in a conspicuous manner. Section 2. Constitutional Amendment The voters of Arkansas call upon the Arkansas congressional delegation to propose and support, and the Arkansas General Assembly to ratify, an amendment to the United States Constitution that reads as follows: Section 1. To advance democratic self-government and political equality, and to protect the integrity of government and the electoral process, Congress and the States may regulate and set reasonable limits on the raising and spending of money by candidates and others to influence elections. Section 2. Congress and the States shall have power to implement and enforce this article by appropriate legislation, and may distinguish between natural persons and corporations or other artificial entities created by law, including by prohibiting such entities from spending money to influence elections. Section 3. Nothing in this article shall be construed to grant Congress or the States the power to abridge the freedom of the press. SECTION 3. Severability. 8 If any provision or section of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect any other provision of the Act which can be given effect without the invalid provisions or applications, and to this end the provisions of the Act are declared severable.