Did the Arkansas AG certify a popular name and ballot title for the citizen-initiated Arkansas Government Transparency Amendment in 2024?
Plain-English summary
David Couch and Jen Standerfer submitted a proposed citizen-initiated constitutional amendment to the Attorney General under A.C.A. § 7-9-107, asking him to certify the popular name "The Arkansas Government Transparency Amendment" and a long ballot title summarizing the measure. The amendment would establish government transparency as a constitutional right, prohibit the General Assembly from changing transparency law without voter approval, abrogate the State's sovereign immunity in transparency suits, and allow citizens to recover attorney's fees against the state.
Under § 7-9-107(d)(1), the AG had three choices: certify as submitted, substitute a more suitable popular name and ballot title, or reject the submission outright. The AG chose option two. He substituted the popular name "The Arkansas Government Disclosure Amendment of 2024" and rewrote the ballot title with more precise references to constitutional provisions (e.g., correctly citing article 19, section 22 instead of article 12, section 22, defining "government transparency" inline, and clarifying the people's continued power to amend under article 5, section 1).
The AG also reminded the sponsors that A.C.A. § 7-9-108 instructions to canvassers and signers must precede every petition before circulation.
The opinion is silent on the merits of the underlying transparency amendment. Under settled Arkansas law, the AG's certification authority is procedural: the AG asks whether the popular name and ballot title fairly summarize the measure, not whether the measure is good policy.
What this means for you
Ballot initiative sponsors
Three practical takeaways:
First, when you submit a popular name and ballot title under § 7-9-107, expect the AG to substitute language. Even on a clean submission, the AG often tightens cross-references and adds clarifying definitions. The substituted language is what goes on petitions; you cannot circulate the version you originally submitted if the AG substituted a different one.
Second, get your constitutional cross-references right. The 2024-005 submission cited "article 12, section 22" when the correct provision is article 19, section 22 (the General Assembly's referral power). The AG fixed this in the substituted ballot title. A wrong cross-reference, if not caught, can support a later challenge that the ballot title is misleading.
Third, the canvasser-and-signer instructions under § 7-9-108 are mandatory. They have to precede the petition before any signatures are gathered. The AG's certification packet includes the instructions, and your printer needs to incorporate them.
Citizens and voters
If you signed or were asked to sign a petition for "The Arkansas Government Disclosure Amendment of 2024," that name was the AG-certified replacement for the sponsors' original "Arkansas Government Transparency Amendment." Both names refer to the same proposed amendment.
Certification is not a stamp of approval. The AG explicitly says he is "not authorized to consider the measure's merits." If the amendment makes the ballot, your evaluation of whether to support it is independent of the AG's certification.
Government transparency advocates
The certified ballot title preserves the operational core of the proposal: government's affirmative duty to share and deliver information, voter approval required for any legislative change to transparency law, abrogation of sovereign immunity in transparency suits, and recovery of attorney's fees by prevailing plaintiffs. None of those features were rewritten away. The substitution focused on legal accuracy, not narrowing scope.
Attorneys
A.C.A. § 7-9-107(d)(1) authorizes the AG to "substitute and certify a more suitable and correct ballot title and popular name." The AG cannot rewrite the text of the proposed measure itself, only the ballot title and popular name. Note also that the same sponsors received Opinions 2023-113 and 2023-123 on prior versions, which the AG incorporated by reference here. If you advise initiative sponsors, expect early submissions to be rejected and revised submissions to be substituted, and plan a multi-round review timeline.
Common questions
What is the difference between a popular name and a ballot title?
The popular name is the short label that identifies the measure in conversation and on the petition. The ballot title is the longer summary that voters see on their ballot when they vote. Both must be truthful and not misleading; the ballot title has to be a fair summary of the measure's actual text.
Does AG certification mean the amendment is on the ballot?
No. Certification only clears the popular name and ballot title for circulation on petitions. The sponsors still have to gather the constitutionally required number of signatures (Ark. Const. art. 5, § 1 sets the threshold) and file the petition with the Secretary of State. After that, the Secretary of State and potentially the courts review sufficiency.
Can the AG's certification be challenged in court?
Yes. Even a certified ballot title can be invalidated by the Arkansas Supreme Court if a challenger proves it is misleading. Certification is not a safe harbor.
Why did the AG certify this version when prior versions were rejected?
The earlier opinions (2023-113 and 2023-123) flagged specific defects. The 2024-005 submission had been revised to address those, and the remaining issues were minor enough that the AG could fix them by substitution rather than rejection.
How long do sponsors have to gather signatures after certification?
Under Ark. Const. art. 5, § 1, signatures must be filed with the Secretary of State no later than four months before the election at which the measure would appear. For a November 2024 election, that meant a July 5, 2024 filing deadline.
Background and statutory framework
A.C.A. § 7-9-107. Sets the AG's review of popular names and ballot titles. The AG must respond within ten business days. Three response options: certify as submitted, substitute and certify, or reject with reasons and instruct the sponsor to redesign.
A.C.A. § 7-9-108. Requires mandatory canvasser-and-signer instructions on every petition before circulation. The AG furnishes these with the certification.
Ark. Const. art. 5, § 1 (Amendment 7). Reserves the initiative power to the people. Under this provision, citizens can propose amendments to the constitution and initiated acts.
Ark. Const. art. 19, § 22. The General Assembly's separate power to refer constitutional amendments to the people. The 2024-005 submission originally cited article 12, section 22 by mistake; the AG corrected this in the substituted ballot title.
Standard of review. The AG cannot consider the merits of the proposed measure. The review is limited to whether the popular name and ballot title fairly summarize the measure and whether the text is sufficiently clear that a fair summary is possible.
Citations
- A.C.A. § 7-9-107 (AG review of ballot titles and popular names)
- A.C.A. § 7-9-108 (canvasser-and-signer instructions)
- Ark. Const. art. 5, § 1 (Amendment 7, initiative power)
- Ark. Const. art. 19, § 22 (General Assembly referral power)
- Ark. Att'y Gen. Ops. 2023-113, 2023-123 (prior versions of the same amendment)
Source
Original opinion text
Opinion No. 2024-005
January 24, 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. In Opinion Nos. 2023-113 and 2023-123, I addressed prior versions 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.
My decision to certify or reject a popular name and ballot title is unrelated to my view of the proposed measure's merits. I am not authorized to consider the measure's merits when considering certification.
- Request. Under A.C.A. § 7-9-107, you have asked me to certify the following popular name and ballot title for a proposed initiated amendment to the Arkansas Constitution:
Popular Name:
THE ARKANSAS GOVERNMENT TRANSPARENCY AMENDMENT
Ballot Title:
AN AMENDMENT TO THE ARKANSAS CONSTITUTION TO CREATE THE "ARKANSAS GOVERNMENT TRANSPARENCY AMENDMENT"; ESTABLISHING GOVERNMENT'S OBLIGATION TO SHARE INFORMATION WITH AND DELIVER INFORMATION TO CITIZENS AS A RIGHT; PROHIBITING THE GENERAL ASSEMBLY FROM MAKING A LAW CONCERNING GOVERNMENT TRANSPARENCY WITHOUT APPROVAL OF THE PEOPLE, BUT ALLOWING A TWO THIRDS MAJORITY OF THE GENERAL ASSEMBLY TO REFER THAT LAW TO THE PEOPLE TO BE APPROVED OR REJECTED AT THE NEXT GENERAL ELECTION; PERMITTING THE GENERAL ASSEMBLY, BY A NINE TENTHS VOTE AND IN THE CASE OF AN EMERGENCY, TO MAKE A REFERRED LAW TAKE IMMEDIATE EFFECT UNTIL APPROVED OR REJECTED AT THE NEXT GENERAL ELECTION; CLARIFYING THAT ANY ACT REFERRED UNDER THIS AMENDMENT IS NOT A REFERRED CONSTITUTIONAL AMENDMENT UNDER ARTICLE 12, SECTION 22 OF THE ARKANSAS CONSTITUTION; PROHIBITING THE GENERAL ASSEMBLY FROM REFERRING FUTURE AMENDMENTS TO THE ARKANSAS GOVERNMENT TRANSPARENCY AMENDMENT TO THE PEOPLE UNDER ARTICLE 12, SECTION 22; PRESERVING THE PEOPLE'S POWER TO AMEND THE ARKANSAS GOVERNMENT TRANSPARENCY AMENDMENT UNDER ARTICLE 5, SECTION 1 OF THE ARKANSAS CONSTITUTION; EMPOWERING ARKANSAS CITIZENS TO SUE THE STATE OF ARKANSAS IN COURT AND RECOVER DAMAGES AND ATTORNEY'S FEES FOR GOVERNMENT'S FAILURE TO COMPLY WITH THE REQUIREMENTS OF ARKANSAS LAW CONCERNING GOVERNMENT TRANSPARENCY; CLARIFYING THAT THIS AMENDMENT DOES NOT ALTER THE CONSTITUTIONAL POWERS OF THE STATE SUPREME COURT; CLARIFYING THAT THIS AMENDMENT DOES NOT ALTER THE CONSTITUTIONAL POWERS OF THE GENERAL ASSEMBLY TO DETERMINE THE RULES THAT AFFECT THE OPENNESS OF STATE LEGISLATIVE MEETINGS; DECLARING THAT ALL PROVISIONS OF THE CONSTITUTION, STATUTES, AND COMMON LAW OF THIS STATE TO THE EXTENT INCONSISTENT OR IN CONFLICT WITH ANY PROVISION OF THIS AMENDMENT ARE EXPRESSLY DECLARED NULL AND VOID; PROVIDING THAT THE PROVISIONS OF THIS AMENDMENT ARE SEVERABLE; AND STATING THAT THE AMENDMENT IS EFFECTIVE NOVEMBER 6, 2024.
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Rules governing my review. In Opinion No. 2023-123, which I issued in response to a prior version of your proposed measure, I explained the relevant law governing my review of popular names and ballot titles. Rather than repeat that explanation, I simply incorporate it here by reference.
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Application. Having reviewed the text of your proposed measure, as well as your proposed popular name, ballot title, and text, I substitute and certify the following popular name and ballot title for your proposed measure:
Popular name:
The Arkansas Government Disclosure Amendment of 2024
Ballot title:
An amendment to the Arkansas constitution providing that government transparency is a right of Arkansas citizens; defining "government transparency" as the government's obligation to share information with citizens or to deliver information to citizens; prohibiting the General Assembly from making a law concerning government transparency without approval by a vote of the people, but allowing a two thirds majority of the General Assembly to refer such a law to the people to be approved or rejected at the next general election; permitting the General Assembly, by a nine-tenths vote and in the case of an emergency, to make a law concerning government transparency take immediate effect until approved or rejected by a vote of the people at the next general election; clarifying that any act the General Assembly refers to the people under this Amendment is not a referred constitutional amendment under article 19, section 22 of the Arkansas Constitution; prohibiting the General Assembly from amending this Amendment by referring an amendment to the people under article 19, section 22 of the Arkansas Constitution; clarifying that the people of Arkansas may exercise their authority under article 5, section 1 to amend this Amendment or an Arkansas statute concerning government transparency; abrogating the sovereign immunity of the State of Arkansas in lawsuits concerning government transparency and allowing plaintiffs to recover attorney's fees in such suits; clarifying that this Amendment does not alter the constitutional powers of the State Supreme Court; clarifying that this Amendment does not alter the constitutional powers of the General Assembly to determine the rules that affect the openness of state legislative meetings; declaring that all provisions of the constitution, statutes, and common law of this state are declared null and void to the extent they are inconsistent or in conflict with any provision of this Amendment; declaring that this Amendment's provisions are severable; and stating that this Amendment is effective November 6, 2024.
Under A.C.A. § 7-9-108, instructions to canvassers and signers must precede every petition, informing them of the privileges granted by the Arkansas Constitution and the associated penalties for violations. I have included a copy of the instructions that should be incorporated into your petition before circulation.
Deputy Attorney General Ryan Owsley prepared this opinion, which I hereby approve.
Sincerely,
TIM GRIFFIN
Attorney General