Did the AR AG certify the popular name and ballot title for the Open Meetings and Open Records in State and Local Government Amendment?
Plain-English summary
This is one of four parallel constitutional-amendment certifications issued the same day (with 2024-005, 2024-007, 2024-008). All four addressed the same underlying proposed amendment, with four different submitted popular names. This submission used "The Open Meetings and Open Records in State and Local Government Amendment."
For this opinion, the AG kept the submitted popular name (more concrete and descriptive than the "Government Transparency" or "Government Openness" alternatives) but substituted the same canonical ballot title used across the other three opinions. The substituted ballot title:
- Establishes government transparency as a constitutional right
- Defines "government transparency" as the government's obligation to share or deliver information
- Prohibits the General Assembly from changing transparency law without voter approval (with a two-thirds-supermajority referral exception and a nine-tenths-supermajority emergency exception)
- Clarifies that referred laws are not "constitutional amendments" under article 19, section 22
- Preserves the people's article 5, section 1 power to amend
- Abrogates State sovereign immunity in transparency suits and allows recovery of attorney's fees
- Preserves the State Supreme Court's powers and the General Assembly's powers over legislative meetings
- Severability and effective-date provisions
The instructions to canvassers and signers under A.C.A. § 7-9-108 must precede every petition before circulation.
What this means for you
Ballot initiative sponsors
When the AG keeps your submitted popular name and substitutes only the ballot title, that signals the popular name was acceptable on its face. The ballot title is a different review (it has to fairly summarize the measure under court precedent) and the AG's substitution authority on ballot titles is broader than on popular names.
If you submit parallel popular names, plan to use whichever the AG keeps. Sponsors here had four parallel submissions: in 2024-005 the AG substituted both name and title; in 2024-006 he substituted only the title; in 2024-007 he substituted only the title and kept the popular name (with a typo correction). The pattern suggests the AG prefers concrete, descriptive popular names.
Government transparency advocates
The substituted ballot title in this opinion is identical to the one used in the parallel certifications (2024-005, 2024-007, 2024-008). The substantive content of what voters would see on a circulated petition is the same regardless of which submission's certification governs. Practically, the sponsors picked one popular name to circulate under, and the others are alternates the AG recognized but did not control.
Citizens and voters
The "Open Meetings and Open Records in State and Local Government Amendment" name was an alternate label for the same proposed amendment also called "Government Disclosure Amendment of 2024" and "Government Transparency Amendment." All four labels referred to the same proposed text. If you signed a petition under any of these names, you signed for the same amendment.
Attorneys
Compare this opinion with 2024-005 (where the AG substituted both name and title) to understand the AG's name-substitution criteria. The "Open Meetings and Open Records in State and Local Government Amendment" name is concrete and descriptive enough to survive review, while "Government Transparency Amendment" was substituted for "Government Disclosure Amendment of 2024" presumably because the latter is more specific about what the amendment does.
Common questions
Why did the AG keep this popular name but substitute the others?
The opinion does not explicitly explain. The "Open Meetings and Open Records" name is more concrete and operational than the alternatives, which may have been the deciding factor.
Is this opinion's certification the operative one for circulating petitions?
The sponsors choose which certified name to circulate under. They cannot circulate under multiple names simultaneously for the same measure. Whichever name they printed on petitions is the operative certification.
Did this amendment make the November 2024 ballot?
The opinion only certifies popular name and ballot title for circulation. Whether the petition collected sufficient signatures and survived court challenge is a separate question handled by the Secretary of State.
Background and statutory framework
A.C.A. § 7-9-107. AG review of ballot titles and popular names. Substitution authority is broader for ballot titles than for popular names.
A.C.A. § 7-9-108. Mandatory canvasser-and-signer instructions on petitions.
Ark. Const. art. 5, § 1 (Amendment 7). Initiative power.
Prior opinions. 2023-113 and 2023-123 addressed earlier versions of this amendment.
Parallel certifications. 2024-005, 2024-007, 2024-008 (other popular-name versions of the same amendment).
Citations
- A.C.A. § 7-9-107
- A.C.A. § 7-9-108
- Ark. Const. art. 5, § 1 (Amendment 7)
- Ark. Const. art. 19, § 22 (legislative referral power)
- Ark. Att'y Gen. Ops. 2024-005, 2024-007, 2024-008, 2023-113, 2023-123 (related opinions)
Source
Original opinion text
Opinion No. 2024-006
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 Open Meetings and Open Records In State and Local Government Amendment.
Ballot Title
An Amendment to the Arkansas Constitution to Create the "Open Meetings and Open Records in State and Local Government 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's Obligation to Share Information With and Deliver Information to Citizens 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 Open Meetings and Open Records in State and Local Government Amendment to the People Under Article 12, Section 22; Preserving the People's Power to Amend the Arkansas Open Meetings and Open Records in State and Local Government 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 Openness; 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 Becomes Effective on 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 Open Meetings and Open Records in State and Local Government Amendment
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