AR Opinion No. 2023-128 2024-01-09

Why did the Arkansas AG reject the December 2023 Open Meetings and Open Records Act ballot title (BT-2)?

Short answer: Same rejection as Opinion 2023-127, incorporated by reference. BT-2 parallel submission under 'The Arkansas Open Meetings and Open Records in State and Local Government Act.' The personnel-records carve-out disconnect applied across all four parallel submissions.

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 AG opinions are persuasive authority but not binding precedent.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-2 of four parallel submissions of the same proposed initiated act. Submitted as "The Arkansas Open Meetings and Open Records in State and Local Government Act." Rejected for the personnel-records carve-out disconnect issue analyzed in Opinion 2023-127 (BT-1). The act was eventually certified in Opinion 2024-020 after the disconnect was eliminated.

What this means for you

Ballot initiative sponsors

When the AG identifies a disconnect between text and summary, every parallel submission with the same defective text gets the same rejection. The fix is in the text, not in the popular name or ballot title.

Citations

A.C.A. § 7-9-107(e)
Ark. Att'y Gen. Op. 2023-127
Ark. Att'y Gen. Op. 2024-020 (certified version)

Source

Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

Opinion No. 2023-128
January 9, 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 initiated act. This opinion addresses what you have labeled "BT - 2." The popular name was "The Arkansas Open Meetings and Open Records in State and Local Government Act."

For the reason identified and explained in Opinion No. 2023-127, which is incorporated by reference into this opinion, my statutory duty under A.C.A. § 7-9-107(e) is to reject your proposed popular name and ballot title and to instruct you to "redesign" your proposed initiated act, popular name, and ballot title.

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

Sincerely,
TIM GRIFFIN
Attorney General