Did the AR AG certify the popular name and ballot title for the Arkansas Government Disclosure Amendment?
Plain-English summary
This is the third of four parallel constitutional-amendment certifications (with 2024-005, 2024-006, 2024-008). The submitted popular name was "The Arkansas Government Disclsoure Amendment" (with a typo). The AG corrected the typo and certified the popular name as "The Arkansas Government Disclosure Amendment," then substituted the same canonical ballot title used in the parallel opinions.
This opinion is procedurally distinctive because the AG certified the popular name as submitted (with only a typo correction). In the parallel opinions, the AG either substituted the popular name (2024-005, 2024-008) or kept a different submitted name (2024-006). This opinion's path, certifying without substituting the popular name, suggests the AG considered "Arkansas Government Disclosure Amendment" the most acceptable of the four submitted options.
The substituted ballot title is identical to the canonical one used in the parallel opinions. It establishes government transparency as a constitutional right, defines the term, requires voter approval for legislative changes (with supermajority exceptions), abrogates sovereign immunity in transparency suits, allows recovery of attorney's fees, and preserves the State Supreme Court's powers and the General Assembly's authority over legislative meeting rules.
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
This opinion is the textbook case of "submit a clean popular name and the AG will certify it." If you want maximum control over your popular name, draft it carefully (and proofread for typos, since "Disclsoure" required correction here). The AG's substitution authority on popular names is broad, and you typically lose name control when you submit ambiguous or imprecise names.
The four parallel submissions show the AG's hierarchy of name preferences:
- "Government Disclosure Amendment" (this opinion): kept as submitted (after typo fix). Apparently the most acceptable framing.
- "Open Meetings and Open Records in State and Local Government Amendment" (2024-006): kept as submitted. Concrete and descriptive.
- "Government Transparency Amendment" (2024-005): substituted to "Government Disclosure Amendment of 2024."
- "Government Openness Amendment" (2024-008): substituted to "Government Disclosure Amendment of 2024."
The pattern: the AG preferred "disclosure" (concrete) over "transparency" or "openness" (abstract), and accepted operationally descriptive names like "Open Meetings and Open Records."
Government transparency advocates
This certification preserves the substantive content of the proposal across all four parallel certifications. The ballot title is identical. Sponsors choose which certified name to print on petitions during circulation.
Citizens and voters
Sponsors signed petitions under one canonical name across the state. The other certified names are alternates that the sponsors did not use. If you saw a petition labeled "Arkansas Government Disclosure Amendment," that aligns with this opinion's certification.
Attorneys
The substantive ballot title is the same across 2024-005, 2024-006, 2024-007, and 2024-008. Cite any of these for the canonical ballot title. The popular-name substitution patterns differ across the four (per the hierarchy above).
Common questions
Why did the AG just fix the typo and certify, instead of substituting a different name?
The submitted popular name "Arkansas Government Disclosure Amendment" already met the criteria of being concrete, descriptive, and not misleading. The AG's substitution authority is reserved for unsuitable or incorrect names. Fixing a typo in an otherwise acceptable name is the lightest-touch action available.
Could the sponsors have circulated under all four certified names?
No. A single proposed measure circulates under one popular name. The four parallel submissions gave sponsors options; they had to choose one for circulation.
Why is "Disclosure" preferred over "Transparency"?
The opinion does not explicitly explain. "Disclosure" is more concrete (it describes a specific action) and "Transparency" is more abstract (it describes a property). Concrete names tend to fare better under court review of ballot-title sufficiency.
Background and statutory framework
A.C.A. § 7-9-107(d)(1). The AG's three-option response: certify as submitted, substitute and certify, or reject and instruct redesign. This opinion uses option one for the popular name and option two for the ballot title.
A.C.A. § 7-9-108. Canvasser-and-signer instructions on petitions.
Parallel certifications. 2024-005, 2024-006, 2024-008 all certify the same underlying amendment under different submitted popular names.
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
- Ark. Att'y Gen. Ops. 2024-005, 2024-006, 2024-008, 2023-113, 2023-123 (related opinions)
Source
Original opinion text
Opinion No. 2024-007
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 Disclsoure Amendment.
Ballot Title
An Amendment to the Arkansas Constitution to Create the "Arkansas Government Disclosure 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 Government Disclosure Amendment to the People Under Article 12, Section 22; Preserving the People's Power to Amend the Arkansas Government Disclosure 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 and Disclosure; 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 certify your popular name as submitted and substitute and certify the following ballot title for your proposed measure:
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