Did the Arkansas AG certify the popular name and ballot title for the Arkansas Government Openness Amendment in 2024?

Plain-English summary

David Couch and Jen Standerfer submitted a revised proposed constitutional amendment with four alternative popular names and ballot titles. Opinion 2024-008 addresses the submission named “The Arkansas Government Openness Amendment.” The AG substituted and certified a different popular name and ballot title for this submission.

The certified popular name is “The Arkansas Government Disclosure Amendment of 2024.” The certified ballot title describes government transparency as a right of Arkansas citizens, conditions new transparency laws on voter approval with stated referral procedures, addresses sovereign immunity and attorney's fees, and states an effective date of November 6, 2024. The official opinion below contains the full certified wording.

The AG incorporated his review standards from Opinion 2023-123. He also said A.C.A. § 7-9-108 requires instructions to canvassers and signers before every petition and told the sponsors to incorporate them before circulation. The opinion gives no account of what happened to the other three submissions.

What this means for you

Ballot initiative sponsors

For this submission, use the substituted popular name and ballot title shown in the opinion. This certification does not establish a general rule about how the AG handles alternative submissions or how many different names may be certified.

Voters and election officials

The opinion certifies a name and title for the proposed measure. It does not say whether the proposal later qualified for the ballot or became law. The certification decision is unrelated to the AG's view of the measure's merits.

Common questions

What name did the sponsors submit?
“The Arkansas Government Openness Amendment.”

What name did the AG certify?
“The Arkansas Government Disclosure Amendment of 2024.”

Did the AG certify the other three submitted names?
This opinion does not say. It addresses this submission and notes only that the sponsors submitted four alternatives.

Citations

• A.C.A. § 7-9-107
• A.C.A. § 7-9-108
• Ark. Att'y Gen. Ops. 2023-113 and 2023-123

Source

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

Original opinion text

Opinion No. 2024-008
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.

1. 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 Openness Amendment.
   Ballot Title
   An Amendment to the Arkansas Constitution to Create the “Arkansas Government
   Openness 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
   Mr. David A. Couch
   Ms. Jen Standerfer
   Opinion No. 2024-008
   Page 2

   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 Openness Amendment to the People Under Article 12,
   Section 22;

   Preserving the People’s Power to Amend the Arkansas Government Openness
   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.

2. 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.

3. 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: Mr. David A. Couch Ms. Jen Standerfer Opinion No. 2024-008 Page 3

                                     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. Mr. David A. Couch Ms. Jen Standerfer Opinion No. 2024-008 Page 4

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

TIM GRIFFIN
Attorney General