What does it take to get a proposed Arkansas constitutional amendment's popular name and ballot title approved by the AG before signatures can be collected?
Plain-English summary
Jennifer Standerfer, on behalf of Protect AR Rights, submitted a proposed initiated constitutional amendment called "The Arkansas Ballot Measure Rights Amendment" for AG certification under A.C.A. § 7-9-107. The amendment would create constitutional protections for the petition process: a fundamental right to make and repeal laws by petition, a right for registered voters to sign petitions, a right for citizens (with limited exceptions) to circulate petitions, mandated voter notice and cure procedures before signatures can be invalidated, a 15-county maximum on petition geographic spread requirements, supermajority requirements for the legislature to amend initiated acts, a flat ban on legislative amendment of voter-approved constitutional amendments, and a number of related procedural protections.
This was Standerfer's third try. The AG had rejected the prior two versions:
- AG Op. 2025-037: rejected because the ballot title scored at 11.5 on the Flesch-Kincaid Grade Level scale, well above the eighth-grade reading level required by Act 602 of 2023, and writing a new ballot title from scratch would have exceeded the AG's substitution authority.
- AG Op. 2025-046: ballot title scored 9.3 (closer to eighth grade), but the underlying measure had an ambiguity about how many counties' signatures the proposal would require.
In the third version, Standerfer fixed the county ambiguity and reduced the ballot title to 9.2 on the Flesch-Kincaid scale. With those fixes, the AG was able to certify the popular name as submitted and substitute and certify a slightly revised ballot title.
The AG made several substitutive edits: identified the specific section of the Constitution being amended, reworded the petition-fraud language to clarify that petition fraud is already criminal, clarified the limits on legislative power, specified the methods for government notice, added "approved by a vote of the people" to the limit on legislative amendment of constitutional amendments, clarified that the time limits are "business" days, stated that the Arkansas Supreme Court has jurisdiction, and explained the scrivener's-error correction process.
The AG also added a cautionary note: lengthy and complex measures are more vulnerable to ballot-title challenges, and significant changes in law often have unintended consequences voters should reflect on. This is standard AG-opinion language for big constitutional initiatives.
What this means for you
If you are a ballot-initiative sponsor in Arkansas
Three things from this opinion matter most.
First, the Flesch-Kincaid grade-level requirement. Act 602 of 2023 requires ballot titles to be written at an eighth-grade reading level. A 9.2 grade level is acceptable; an 11.5 is not. Run your draft through the formula before you submit it. If you can't get below grade 10, expect rejection.
Second, the underlying measure must be unambiguous. Even if your ballot title scores well, the AG will reject certification if the underlying constitutional or statutory text is ambiguous in a way that makes the ballot title misleading or unmoored. Get the substantive text right before you worry about the ballot-title prose.
Third, the AG has limited substitution power. The AG will edit a ballot title that is mostly there. If a ballot title would need wholesale rewriting (because the measure is too complicated, or the title bears no relation to the measure), the AG will reject and ask you to start over.
If you sign or circulate petitions
The certification process is the gate that controls when canvassers can start collecting signatures. Until the AG certifies, signatures cannot be lawfully collected. The instructions you sign as a canvasser come from A.C.A. § 7-9-108 and have to accompany every petition.
Note: the proposed amendment in this opinion (had it ultimately passed) would change the canvasser affidavit to a "declaration under penalty of perjury." That is a procedural change in how canvassers attest to the validity of the signatures they collected. It is not yet law.
If you are a voter
Read the popular name and ballot title closely before you sign or before you vote. The popular name and ballot title are designed to give you the gist of the proposal in language a tenth-grade reader can follow. The full text of the measure is much longer; an eight-page constitutional amendment text accompanies the certification opinion.
The AG's cautionary note about lengthy and complex measures is real. The Arkansas Supreme Court has repeatedly warned sponsors that long, complex constitutional amendments are vulnerable to challenge.
If you are a county or city election official
When voter petitions begin to come in for this measure, anticipate the standard process: signatures get verified, the Secretary of State or relevant local clerk publishes notice, ten business days run, lawsuits (if any) get filed in the Supreme Court (for ballot-title challenges) or in circuit court (for sufficiency challenges).
If you are an election-law or constitutional attorney in Arkansas
This opinion is a useful template for what the AG looks for in a ballot-title certification: clear identification of the section being amended, plain-English summary, accurate representation of the substantive scope, eighth-grade reading level, and absence of ambiguity in the underlying text. Use it as a checklist when reviewing draft initiatives.
Common questions
Q: What is the AG's role in the petition process?
A: Under A.C.A. § 7-9-107, sponsors of initiated measures must submit the popular name and ballot title to the AG for review and certification before circulating petitions. The AG is required to certify if the popular name and title meet legal standards, and to substitute or reject if they do not.
Q: What is the popular name?
A: The short identifying phrase by which voters will recognize the measure. Here, it is "The Arkansas Ballot Measure Rights Amendment."
Q: What is the ballot title?
A: A summary of the measure that appears on the ballot itself. It must accurately describe the measure in plain English. For initiated measures, Act 602 of 2023 requires it to be at an eighth-grade reading level on the Flesch-Kincaid scale.
Q: What is the Flesch-Kincaid Grade Level formula?
A: A standard readability formula that calculates the U.S. school-grade level a reader would need to understand a passage of text. It is based on average sentence length and average syllables per word.
Q: What does Act 602 of 2023 do?
A: It imposes a maximum reading level requirement on ballot titles for initiated measures. Ballot titles must be at an eighth-grade reading level (or close to it).
Q: Can the AG rewrite a ballot title?
A: Yes, the AG has substitution authority under A.C.A. § 7-9-107. But the AG will only substitute a title that is mostly there; if a wholesale rewrite would be required, the AG rejects and the sponsor has to redraft.
Q: What does this proposed amendment do?
A: It would create constitutional protections for the petition process, including a right to circulate and sign petitions, voter-cure rights before signatures can be invalidated, supermajority requirements for the legislature to amend initiated measures, a 15-county cap on petition geography, and a procedural framework for ballot-title challenges and scrivener-error corrections. The full text amends Article 5, Section 1 of the Arkansas Constitution.
Q: Is the amendment now law?
A: No. Certification by the AG just allows signature collection to begin. The sponsors still need to gather the constitutionally required number of signatures and have the measure approved by Arkansas voters at a general election.
Background and statutory framework
Arkansas's initiative-and-referendum power is one of the broadest in the country and dates to a 1910 constitutional amendment. Article 5, Section 1 of the Arkansas Constitution gives voters the power to propose laws and constitutional amendments by petition.
The procedural framework for that process is a mix of constitutional text, statutes, and AG opinions. Sponsors draft a proposed measure, get the popular name and ballot title certified by the AG, collect a constitutionally specified percentage of signatures (8% for a law, 10% for a constitutional amendment), file with the Secretary of State, and submit to the voters at a general election.
The AG's certification role is intended as a gatekeeping function: it screens out ballot titles that are misleading, unclear, or non-compliant with statutory requirements. Act 602 of 2023 added the Flesch-Kincaid eighth-grade reading-level requirement, in part to address concerns that ballot titles had become too dense for ordinary voters to understand.
The proposed amendment in this opinion is significant for two reasons. First, it would transform multiple aspects of Arkansas's petition process (voter notification, county geography, scrivener-error correction, supermajority amendment requirements). Second, it would change the canvasser attestation from an affidavit to a "declaration under penalty of perjury," a procedural difference that affects how false signatures can be prosecuted.
The AG's cautionary note about lengthy constitutional amendments tracks several Arkansas Supreme Court warnings about the susceptibility of complex measures to ballot-title challenges (Ark. Att'y Gen. Ops. 2023-038, 2007-160, 2005-212, 2000-137 cited in the opinion).
Citations and references
Statutes and constitutional provisions:
- Ark. Const. art. 5, § 1 (initiative and referendum)
- A.C.A. § 7-9-107 (AG certification authority)
- A.C.A. § 7-9-108 (canvasser instructions)
- Act 602 of 2023 (Flesch-Kincaid grade-level requirement)
Prior AG opinions in this petition's history:
- Ark. Att'y Gen. Op. 2025-037 (rejection over Flesch-Kincaid 11.5)
- Ark. Att'y Gen. Op. 2025-046 (rejection over county-count ambiguity)
Prior AG opinions cited as cautionary precedent:
- Ark. Att'y Gen. Ops. 2023-038, 2007-160, 2005-212, 2000-137
Source
Original opinion text
Opinion No. 2025-056
July 28, 2025
Jennifer Waymack Standerfer
Protect AR Rights
Via email only: [email protected]
Dear 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 Attorney General Opinion Nos. 2025-037 and 2025-046, I rejected prior versions of your proposed initiated amendment to the Arkansas Constitution. You have now revised the language of 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 amendment to the Arkansas Constitution:
Popular Name
The Arkansas Ballot Measure Rights Amendment
Ballot Title
This measure amends the Arkansas Constitution. It gives the people the fundamental right to make and repeal laws by petition. It gives Arkansas registered voters the fundamental right to sign a petition. It gives U.S. citizens who have not been convicted of certain crimes the fundamental right to collect signatures on a petition. It makes "petition fraud" a crime. The legislature will decide the penalty range for criminals who defraud petitions. The government will notify registered voters before it rejects their signatures. The government will count the signature of registered voters who timely correct problems with their signature. The government will not require signatures on petitions to be from more than fifteen counties. The legislature may amend or repeal an initiated act by a two-thirds vote. The legislature shall not amend a constitutional amendment. A county or city government may amend or repeal a county or local measure by a two-thirds vote. The ballot title of a referendum will be "This referendum repeals..." followed by the title of the Act. The Secretary of State must publish a notice that explains how the name or title can be challenged. A lawsuit against the ballot title must be filed within ten days after the notice is published. The courts will quickly review of lawsuits against a petition or title. Lawsuits against petitions shall be proven by clear and convincing evidence. The government will not reject a measure for a filing or clerical error that is timely corrected. The government will not reject a measure that substantially complies with the law. Any laws affecting this amendment must be clerical. It clarifies that only registered voters' signatures will be counted. Previously, canvassers signed an affidavit. This changes the affidavit to a declaration under penalty of perjury. This measure repeals all inconsistent state laws. If part of the amendment is held invalid, the rest of it can stand on its own.
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Rules governing my review. In Attorney General Opinion No. 2025-037, issued in response to your previous request for review and certification, I described the rules and legal standards that govern my review of popular names and ballot titles. I rely on those same rules and legal standards outlined in that opinion and incorporate them here by reference.
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Application. Having reviewed the text of your proposed constitutional amendment, as well as your proposed popular name and ballot title, my statutory duty at this stage is to certify your popular name as submitted and to substitute and certify the ballot title indicated below.
In Attorney General Opinion No. 2025-037, I explained that I could not approve your ballot title because it ranked at grade level 11.5 on the Flesch-Kincaid Grade Level formula. And because of the significant discrepancy between the reading level of that ballot title and the eighth-grade reading level required by Act 602, I would have had to compose an entirely new ballot title to meet the requirements of the Act. Consequently, I rejected your submission.
In Attorney General Opinion No. 2025-046, you submitted a ballot title for my review that ranked at 9.3 on the Flesch-Kincaid Grade Level formula, much closer to an eighth-grade reading level. Yet I still could not substitute and certify your ballot title because of a key ambiguity in the text of your proposed measure. As a result, I rejected that submission as well.
But you have now corrected the ambiguity in your proposal and submitted a ballot title that ranks at 9.2 on the Flesch-Kincaid Grade Level formula. Accordingly, I have made a few minor changes to the ballot title that enable it to meet the requirements of Act 602. I have also made several changes to your ballot title so that it more clearly and accurately reflects the contents of your proposed amendment. With these changes incorporated, your popular name is certified as submitted, and the following ballot title is substituted and certified:
This measure amends Article 5, § 1 of the Arkansas Constitution. It gives the people the fundamental right to make and repeal laws by petition. It gives Arkansas registered voters the fundamental right to sign a petition. It gives U.S. citizens who have not been convicted of certain crimes the fundamental right to collect signatures on a petition. It defines "petition fraud." Petition fraud is a criminal offense. The legislature decides the penalty range for this crime. The measure repeals the legislature's authority to pass other petition fraud laws. The government must notify registered voters before it can reject their signatures. Notice is provided by mail, phone, and email, if possible. If voters timely correct signature problems, their signatures are counted. The government shall not require petition signatures to be from more than 15 counties. The legislature may amend or repeal an initiated act by a 2/3 vote. The legislature shall not amend a constitutional amendment approved by a vote of the people. A county quorum court may amend or repeal an initiated county measure by a 2/3 vote. A city council may amend or repeal an initiated local measure by a 2/3 vote. The ballot title of a referendum shall be "This referendum repeals..." followed by the title of the Act. The Secretary of State must publish a notice that informs the public of a measure's popular name and ballot title. The notice explains how to contest the name and title. The notice shall be made in a statewide newspaper. It will be on the Secretary of State's website too. Any lawsuit against the ballot title must be filed within 10 business days after the notice is published. If the sufficiency of a ballot title or popular name is challenged, the Arkansas Supreme Court has jurisdiction. The Court quickly reviews these lawsuits. Lawsuits against petitions require clear and convincing evidence. If the government discovers a scrivener's or filing error, it notifies the sponsor right away. The sponsor has 10 business days to correct the error. The government shall not reject the measure if the error is timely corrected. The government shall not reject a measure that substantially complies with the law. Any laws affecting this amendment must be clerical. Only registered voters' signatures are counted. Previously, canvassers signed an affidavit. This changes the affidavit to a declaration. The declaration is made under penalty of perjury. This measure repeals all inconsistent state laws. This amendment is severable. If part of it is held invalid, the rest is still valid if it can stand on its own.
While I have certified your popular name and ballot title as submitted, I believe that, in light of the significance of the subject matter undertaken and the potential complexity and far-reaching effects of this proposal, a few cautionary notes are warranted. You should be aware that experience has shown a correlation between the length and complexity of constitutional amendments and their susceptibility to a successful ballot-title challenge. Any ambiguity in the text of a measure could lead to a successful court challenge. Significant changes in law often have unintended consequences that, if known, would give voters serious ground for reflection. As several of my predecessors have noted when certifying certain lengthy and complex ballot titles, the Arkansas Supreme Court has repeatedly warned sponsors of statewide measures about their ballot titles' length and complexity.
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
(The opinion was accompanied by the full eight-page text of the proposed constitutional amendment to Article 5, Section 1, including the new petition-rights, voter-cure, and petition-fraud provisions. The full text is on file with the Arkansas Attorney General's office.)