Did the Arkansas AG certify the popular name and ballot title for the Arkansas Government Openness Amendment in 2024?
Plain-English summary
This is one of four parallel submissions David Couch and Jen Standerfer made on the same day for the same underlying constitutional amendment, with four different popular names. The submission used the name "The Arkansas Government Openness Amendment." The AG substituted the same name and ballot title across all four submissions: "The Arkansas Government Disclosure Amendment of 2024."
The substantive amendment is identical to the one reviewed in Opinion 2024-005. It would establish government transparency as a constitutional right, require voter approval for any legislative change to transparency law, abrogate State sovereign immunity in transparency suits, and allow recovery of attorney's fees by prevailing plaintiffs.
Sponsors sometimes file multiple parallel submissions when they want flexibility on naming or want a fallback if one submission gets rejected. The AG's response is the same in each: he substitutes the same canonical popular name and ballot title regardless of which submitted name the sponsor used.
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
If you submit multiple parallel popular names for the same proposal, expect the AG to substitute one canonical name across all submissions. You don't get a portfolio of certified names to choose from at print time. The substituted name is the only name that can appear on petitions.
This is a procedural lesson worth absorbing. The AG cannot certify multiple competing popular names for the same measure because that would dilute clarity for canvassers and voters. Pick the name you want and submit once, or accept that the AG will pick one for you.
Citizens and voters
The "Arkansas Government Openness Amendment" name was an alternate label for the same proposal certified under "Arkansas Government Disclosure Amendment of 2024" in Opinions 2024-005 and 2024-008. If you signed any petition under any of these names, you signed in support of the same underlying amendment.
Government transparency advocates
The substantive content of the amendment, including the constitutional right to government information, the abrogation of sovereign immunity, the legislative-supermajority requirements, and the people's preserved power to amend, is unchanged across the parallel submissions. Reading any one of Opinions 2024-005, 2024-006, 2024-007, or 2024-008 gives you the same operative ballot title that ultimately was approved for circulation.
Attorneys
When sponsors file parallel submissions, the AG's certification is consolidated to a single substituted version. If you advise sponsors and they want a backup name in case one is rejected, the parallel-submission tactic does not produce that result. Plan for one canonical name from the AG's office.
Common questions
Why did the sponsors submit four different popular names?
The opinion does not explain. Sponsors sometimes submit alternates to find one the AG will certify without substitution, or to test which name resonates better with voters. In this case, the AG used a single canonical substituted name across all four.
What is the difference between an "openness" amendment and a "transparency" amendment?
None substantively. Both names referred to the same proposed text. The AG substituted "Arkansas Government Disclosure Amendment of 2024" for both.
Can sponsors circulate petitions under their preferred name if the AG substitutes a different one?
No. Under A.C.A. § 7-9-107, the certified popular name and ballot title are what must appear on the petition. Circulating under a different name would invalidate signatures.
Was this amendment ever placed on the ballot?
The certification only clears circulation. Whether the petition collected enough signatures and survived sufficiency review is a separate question handled by the Secretary of State and the courts.
Background and statutory framework
See Opinion 2024-005 for the full statutory framework. This opinion uses the same governing law and applies it to a parallel submission under a different popular name.
A.C.A. § 7-9-107. Authorizes the AG to substitute and certify a more suitable popular name and ballot title.
Ark. Const. art. 5, § 1 (Amendment 7). Reserves the initiative power to citizens.
Prior opinions. 2023-113 and 2023-123 addressed earlier versions of the same proposed amendment.
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)
- Ark. Const. art. 19, § 22 (legislative referral power)
- Ark. Att'y Gen. Ops. 2024-005, 2023-113, 2023-123 (related submissions)
Source
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.
- 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 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.
-
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.
-
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