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

The opinion describes current law as allowing an owner of a historic or special interest vehicle, or a facsimile, that is 45 years or older to register it as a historic or special interest vehicle and obtain a special or antique license plate. David Dinwiddie submitted a proposed initiated act that would lower the minimum age from 45 years to 25 years. The AG had rejected five prior versions, identified in the opinion as Opinions 2023-098, 2023-103, 2023-112, 2023-119, and 2024-003.

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

The certified ballot title describes a proposed change from a 45-year minimum to a 25-year minimum. This opinion addresses certification of the popular name and ballot title; it does not state whether the proposal later appeared on a ballot or became law.

Ballot initiative sponsors

The opinion states that five prior versions of the proposed initiated act had been rejected and that the proposal was revised before this submission. It then substitutes and certifies the popular name and ballot title quoted above.

Election law attorneys

The opinion says the AG’s decision to certify or reject a popular name and ballot title is unrelated to the AG’s view of the proposed measure’s merits.

Common questions

Did this opinion put the initiated act into effect?
No. The opinion certifies a popular name and ballot title for a proposed initiated act. It does not say that the proposal became law.

What change does the certified ballot title describe?
It describes lowering the minimum age requirement for the vehicle from 45 years to 25 years.

What did the AG certify?
The AG substituted the popular name “The Arkansas Historic or Special Interest Vehicle Act of 2024” and certified the ballot title quoted in the opinion.

Background and statutory framework

AG ballot-title review. Under A.C.A. § 7-9-107, the request asked the AG to certify a popular name and ballot title for a proposed initiated act. The opinion states that the AG may substitute and certify the popular name and ballot title.

Petition instructions. The opinion states that A.C.A. § 7-9-108 requires instructions to canvassers and signers to precede every petition, informing them of privileges granted by the Arkansas Constitution and associated penalties for violations.

Citations

• A.C.A. § 7-9-107
• A.C.A. § 7-9-108
• Opinion Nos. 2023-098, 2023-103, 2023-112, 2023-119, and 2024-003

Source

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

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.

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 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

2. 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.

3. 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