Ezel / AG Opinions / AR
AR Opinion No. 2023-130 2024-01-09

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

Short answer: Same rejection as Opinion 2023-127. BT-4 parallel submission under 'The Arkansas Government Openness Act.' Eventually certified in Opinion 2024-020 after redrafting.
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 AG opinions are persuasive authority but not binding precedent.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 initiated act, under the name "The Arkansas Government Openness Act." Rejected for the disconnect issue analyzed in Opinion 2023-127. The four-rejection sequence (2023-127 through 2023-130) plus the prior 2023-116 rejection finished the December 2023 round. The sponsors revised, ran into the preemptive-repeal issue in the next round (Opinions 2024-009 through 2024-013), and finally achieved certification in Opinion 2024-020 in late January 2024.

What this means for you

Ballot initiative sponsors

When a structural defect lives in the text, every parallel submission gets the same rejection.

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

Original opinion text

Opinion No. 2023-130
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 - 4." The popular name was "The Arkansas Government Openness 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