Did the Arkansas AG certify a 2024 ballot title to lower the antique-tag eligibility age for vehicles from 45 years to 25 years?
Plain-English summary
Arkansas's current law lets the owner of a "historic or special interest vehicle" (or a facsimile of one) register the vehicle as such and obtain a special or antique license plate, but only if the vehicle is at least 45 model years old. David Dinwiddie of Pine Bluff filed a proposed initiated act to lower the threshold to 25 model years. The AG had rejected five prior versions (Opinions 2023-098, 2023-103, 2023-112, 2023-119, and 2024-003), most for technical drafting issues with the popular name or ballot title.
This sixth submission was workable. The AG substituted and certified:
- Popular name: "The Arkansas Historic or Special Interest Vehicle Act of 2024"
- Ballot title: "An initiated act to amend the law regarding the age at which certain vehicles can be registered as historic or special interest; current law allows a person who is the owner of a historic or special interest vehicle or a facsimile of a historic or special interest vehicle that is 45 years or older to register the vehicle as a historic or special interest vehicle and to obtain a special license plate or an antique license plate for the vehicle; this initiated act would lower the minimum age requirement of the vehicle from 45 years to 25 years."
The AG noted certification is technical, not a view on the merits.
What this means for you
Antique vehicle owners and special interest vehicle clubs
If this initiated act had passed, owners of vehicles 25 years old (so going back to year 1999 vehicles in 2024) would have been eligible for historic or special-interest registration and antique license plates. The act did not appear on the November 2024 ballot, so the 45-year threshold remains in effect. If you are working with a vehicle that does not yet qualify, you wait until it hits 45 years.
Ballot initiative sponsors
The Dinwiddie sequence is a useful object lesson in how initiated-act drafting iterates with the AG. Six submissions before certification. Each rejection identified specific defects that the next version corrected. The pattern indicates patience and willingness to revise are necessary; an initial rejection is not a permanent block.
Election law attorneys
Note that initiated acts (for statutory changes) and initiated constitutional amendments use the same A.C.A. § 7-9-107 review process. The standards are similar but the threshold for ambiguity in a statutory change tends to be more forgiving since voters can later amend by ordinary legislation.
Common questions
Did this initiated act make the November 2024 ballot?
No. Certification by the AG is a procedural step. The sponsor still had to gather valid signatures from registered voters statewide (and meet county thresholds), and any signature challenges or other litigation could prevent ballot placement. This act did not advance further.
What's a "historic or special interest vehicle" under Arkansas law?
Arkansas law defines these as older vehicles eligible for special license plates and registration treatment. The exact statutory definition is in the Arkansas Vehicle Title and Registration code; the AG opinion does not reproduce the definition. Antique tag registration carries reduced fees and limited use restrictions in many states.
Why does it matter that the popular name went through six rejections?
Each rejection identified deficiencies in either the text of the proposed measure, the popular name, or the ballot title. Sponsors who keep filing the same proposal without addressing identified defects exhaust their own resources. The pattern of substantive revision between submissions is what got this version certified.
Background and statutory framework
AG ballot-title review. A.C.A. § 7-9-107 sets out the AG's ten-business-day review process for initiated measures. Three options: certify as submitted, substitute and certify, or reject and direct redesign.
Petition instructions. A.C.A. § 7-9-108 requires every petition to include canvasser/signer instructions describing the rights and penalties associated with circulating an initiative.
Citations
- A.C.A. § 7-9-107 (AG ballot-title review process)
- A.C.A. § 7-9-108 (canvasser/signer instructions)
- AG Opinions 2023-098, 2023-103, 2023-112, 2023-119, 2024-003 (prior rejections of versions of this proposal)
Source
Original opinion text
Opinion No. 2024-017
February 2, 2024
Mr. David E. Dinwiddie
8608 Princeton Pike
Pine Bluff, Arkansas 71602
Dear Mr. Dinwiddie:
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 initiated act. In Opinion Nos. 2023-098, 2023-103, 2023-112, 2023-119, and 2024-003, I rejected prior versions of your proposed initiated act. You have now revised your proposal and submitted it for certification.
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 act:
Popular Name
A Bill to change the year model requirement to obtain Antique Tags on a Historic or Special Intrest [sic] Vehicle, from a minimum of Forty-Five (45) model years old, to a minimum of Twenty-Five (25) model years old
Ballot Title
A Bill to change the year model requirement to obtain Antique Tags on a Historic or Special Intrest [sic] Vehicle, from a minimum of Forty-Five (45) model years old, to a minimum of Twenty-Five (25) model years old
-
Rules governing my review. In Opinion No. 2023-098, issued in response to your previous request for review and certification, I articulated the rules and standards that govern this process. I rely on those same rules and standards here, and I incorporate them by reference into this opinion.
-
Application. Having reviewed the text of your proposed initiated act, as well as your proposed popular name and ballot title, I substitute and certify the following popular name and ballot title:
Popular name:
The Arkansas Historic or Special Interest Vehicle Act of 2024
Ballot title:
An initiated act to amend the law regarding the age at which certain vehicles can be registered as historic or special interest; current law allows a person who is the owner of a historic or special interest vehicle or a facsimile of a historic or special interest vehicle that is 45 years or older to register the vehicle as a historic or special interest vehicle and to obtain a special license plate or an antique license plate for the vehicle; this initiated act would lower the minimum age requirement of the vehicle from 45 years to 25 years.
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.
Senior Assistant Attorney General Kelly Summerside prepared this opinion, which I hereby approve.
Sincerely,
TIM GRIFFIN
Attorney General