Ezel / AG Opinions / AR
AR Opinion No. 2023-126 2024-01-08

Why did the Arkansas AG reject the December 2023 Government Openness Amendment ballot title (BT-4)?

Short answer: Same rejection as Opinion 2023-123. BT-4 parallel submission under 'The Arkansas Government Openness Amendment.' Eventually certified in Opinion 2024-008 after revisions.
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 AG opinions are persuasive authority but not binding precedent.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

BT-4 of four parallel submissions of the same proposed transparency constitutional amendment. Submitted as "The Arkansas Government Openness Amendment." Rejected for the reasons in Opinion 2023-123. Completes the four-rejection sequence (2023-123 through 2023-126). The sponsors revised again, and the next-round versions (Opinions 2024-005 through 2024-008) were certified.

What this means for you

Ballot initiative sponsors

The four parallel rejections plus the four parallel certifications illustrate the typical iterative path for a complex constitutional amendment. Expect two or more rounds of submission-rejection before certification.

Citations

  • A.C.A. § 7-9-107(e)
  • Ark. Att'y Gen. Op. 2023-123
  • Ark. Att'y Gen. Op. 2024-008 (certified version under same name)

Source

Original opinion text

Opinion No. 2023-126
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. This opinion addresses what you have labeled "BT 4." The popular name was "The Arkansas Government Openness 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 4," 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