Ezel / AG Opinions / AR
AR Opinion No. 2023-125 2024-01-08

Why did the Arkansas AG reject the December 2023 Government Disclosure Amendment ballot title (BT-3)?

Short answer: Same rejection as Opinion 2023-123, incorporated by reference: undefined key terms, full-text violation, and ballot-title summary of nonexistent text. This is the BT-3 parallel submission of the proposed transparency amendment, eventually certified after revisions in Opinion 2024-005.
Disclaimer: This is an official Arkansas Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed Arkansas attorney for advice on your specific situation.

Plain-English summary

This is the BT-3 parallel submission of the proposed transparency constitutional amendment. The sponsors submitted four versions (BT-1 through BT-4) under different popular names; this one used "The Arkansas Government Disclosure Amendment." The AG rejected for the same three reasons set out fully in Opinion 2023-123 (the BT-1 opinion):

  1. Undefined key terms ("public record," "public meeting," "public notice," "public process") that the sponsors did not address despite the AG flagging them in the prior round.
  2. Full-text violation through implicit incorporation of FOIA terms by reference.
  3. Ballot title summarized provisions ("a case concerning government transparency") that did not appear as enforceable causes of action in the text.

The amendment was eventually certified in Opinions 2024-005 through 2024-008.

What this means for you

Ballot initiative sponsors

This pendant opinion adds nothing substantively to Opinion 2023-123. When you submit parallel versions of the same proposal under different names, expect the AG to issue parallel opinions that incorporate the lead opinion's analysis by reference.

Common questions

Where is the full reasoning?
In Opinion 2023-123, incorporated by reference.

Citations

  • A.C.A. § 7-9-107(e)
  • Ark. Att'y Gen. Op. 2023-123 (full reasoning)
  • Ark. Att'y Gen. Ops. 2024-005, 2024-006, 2024-007, 2024-008 (certified versions)

Source

Original opinion text

Opinion No. 2023-125
January 8, 2024
David A. Couch
1501 North University Avenue, Suite 219
Little Rock, Arkansas 72207
Jen Standerfer
2302 Southwest Nottingham Avenue
Bentonville, Arkansas 72713
Dear Mr. Couch and Ms. Standerfer:

I am writing in response to your request, made under A.C.A. § 7-9-107, that I certify the popular name and ballot title for a proposed constitutional amendment. On December 11, 2023, in Opinion No. 2023-113, I addressed a prior version of your proposed constitutional amendment. You have now revised the text of your proposal and submitted it with four different popular names and four different ballot titles. You ask that I certify all four submissions.

This opinion addresses what you have labeled "BT 3." The popular name was "The Arkansas Government Disclosure Amendment."

For the reasons identified and explained in Opinion No. 2023-123, which is incorporated by reference into this opinion, I must reject your proposed popular name and ballot title labeled "BT 3," and instruct you to "redesign" your proposed constitutional amendment, popular name, and ballot title.

Deputy Attorney General Ryan Owsley prepared this opinion, which I hereby approve.

Sincerely,
TIM GRIFFIN
Attorney General