Did the Arkansas Attorney General certify the popular name and ballot title for a proposed constitutional amendment that would abolish the office of constable?
Plain-English summary
Arkansas allows citizens to propose constitutional amendments by gathering signatures, but before the petitions can circulate, the Attorney General must certify the popular name and ballot title. The popular name is short identifying language for the proposal; the ballot title is the longer summary voters see on the ballot itself. Both have to be honest, impartial, and free of misleading tendency.
David Dinwiddie of Pine Bluff submitted a proposed constitutional amendment to abolish the office of constable in Arkansas. His proposed popular name and ballot title were identical: "A PROPOSED CONSTITUTIONAL AMENDMENT TO ABOLISH THE OFFICE OF CONSTABLE." AG Tim Griffin substituted both with more compliant language and certified the substitutes.
Two specific issues drove the substitutions:
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The popular name was redundant with the ballot title. Under Pafford v. Hall and later cases, a popular name "is an identification tool" and "need not have the same detailed information as is required for the ballot title, else there would be no difference between the two." The AG substituted "The Constable Amendment of 2026" as the popular name.
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The ballot title violated Act 602 of 2025. The Arkansas Legislature in 2025 enacted Act 602, codified at Ark. Code Ann. § 7-9-107(l)(1), prohibiting the AG from certifying any ballot title with a reading level above the eighth grade as measured by the Flesch-Kincaid Grade Level formula in effect on January 1, 2025. The submitted ballot title scored 14.2 on Flesch-Kincaid (college level). The AG substituted "This is a proposed amendment to the Arkansas Constitution. It would abolish the Office of Constable.", a much shorter sentence that meets the eighth-grade rule.
The opinion includes a long explanation of the rules governing AG review, drawing on Arkansas Supreme Court cases that address what makes a ballot title sufficient. Sponsors must impartially summarize the amendment, give voters a fair understanding of the issues, avoid technical terms that voters cannot readily understand, and avoid omitting "essential facts" that would give a voter "serious ground for reflection." Ballot titles must also be brief enough to read in the ten-minute statutory voting-booth time limit.
What this means for you
If you are sponsoring a ballot initiative, this opinion is a good template for what the AG will look for. Submit a popular name distinct from the ballot title. Run your ballot title through a Flesch-Kincaid checker (most word processors include one) and aim for eighth grade or below. Avoid technical terms or define them. Include essential facts that would matter to a voter. Keep it concise enough that a voter can read it in the booth without exceeding the ten-minute limit. If your draft fails any of these tests, the AG can substitute or reject.
If you are following constitutional amendments as a voter or citizen, the popular name and ballot title you eventually see on a petition or ballot are the AG-approved versions, not necessarily what the sponsor first wrote. The substitution power means the public-facing language has been filtered for plain-English accessibility, but it may not match the sponsor's original framing. Read the full text of the proposed amendment, not just the ballot title, before signing or voting.
If you are a constable, justice of the peace, or county official, this particular amendment is in early circulation. Whether it qualifies for the ballot depends on signature collection. The substantive policy debate over the constable office (which has long been part of Arkansas's law-enforcement landscape with limited modern duties in many counties) is separate from the question this opinion answered: the AG was certifying the form of the question, not endorsing or opposing the policy.
If you are an election lawyer, note Act 602 of 2025's hard cap at the eighth-grade Flesch-Kincaid level. That's a significant constraint on ballot title drafting. Combined with the existing requirement to include "essential facts" without misleading omission, drafters now need to compress complex legal changes into short, simple sentences that still cover the substance. The Court's Bailey v. McCuen line of cases remains the substantive standard for what counts as essential.
Background and statutory framework
Arkansas's initiative and referendum process runs through Ark. Code Ann. § 7-9-101 et seq. Section 7-9-107 sets out the AG's role. After a sponsor submits an "original draft" of the proposed measure plus the ballot title and popular name, the AG has ten business days to do one of three things:
- Approve and certify the submitted ballot title and popular name as written.
- Substitute and certify more suitable language under § 7-9-107(d)(1).
- Reject the submission under § 7-9-107(f) when the ballot title would be misleading, would result in voters voting for the opposite of what they intend, would conflict with the U.S. Constitution or federal statutes, or violates Act 602's eighth-grade reading level rule.
The 2025 Legislature added two notable changes:
- Act 154 of 2025 added the federal-conflict basis for rejection and prohibited sponsors from submitting multiple initiative or referendum petitions that are "conflicting measures."
- Act 602 of 2025 imposed the eighth-grade Flesch-Kincaid reading level cap on certified ballot titles.
The substantive standards for ballot titles are largely judge-made. Key principles from the Arkansas Supreme Court:
- Ballot titles must impartially summarize the amendment (Becker v. Riviere).
- Technical terms not readily understood by voters can render a title insufficient (Wilson v. Martin; Cox v. Daniels).
- Essential facts that would give a voter "serious ground for reflection" cannot be omitted (Bailey v. McCuen).
- Brief and concise framing is required to fit the statutory ten-minute voting-booth time limit (Bailey v. McCuen on the Ark. Code Ann. § 7-5-309(b)(1)(B) limit).
- Honest and impartial framing without misleading tendency by amplification, omission, or fallacy (Bailey v. McCuen; Becker v. McCuen; Shepard v. McDonald).
- A popular name should identify the proposal but not duplicate the ballot title (Pafford v. Hall).
Common questions
Q: What is a "popular name" vs. a "ballot title"?
A: The popular name is short identifying language ("The Constable Amendment of 2026"). The ballot title is the longer summary that appears on the ballot for voters to read before voting. The two have different functions and should not be identical.
Q: What is the Flesch-Kincaid Grade Level?
A: A reading-level formula based on sentence length and syllable count per word. Most word processors and many free online tools can score text. Eighth grade roughly corresponds to a score of 8.0; the submitted title here scored 14.2 (college level). Arkansas's Act 602 of 2025 caps certifiable ballot titles at the eighth-grade level.
Q: Can the AG reject a ballot title because it disagrees with the policy?
A: No. The opinion expressly says: "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." The AG reviews form, not policy.
Q: What is the office of constable in Arkansas?
A: An elected township-level officer with limited law-enforcement and process-service duties. Constables exist in some Arkansas counties but not others; their actual function varies and has shrunk substantially over time. The proposed amendment would abolish the office statewide if approved.
Q: What happens after the AG certifies the popular name and ballot title?
A: The sponsor can begin circulating the petition for signatures. Under Ark. Code Ann. § 7-9-108, instructions to canvassers and signers must precede every petition, informing them of the privileges and penalties involved. The AG includes the standard instructions with the certification letter. The sponsor still has to gather the constitutionally required signatures within the deadlines.
Q: Does certification mean the amendment will be on the ballot?
A: No. Certification only means the form of the question is acceptable. The sponsor still must collect the required number of valid signatures, and any opponents may challenge the petition's sufficiency. Both processes happen after certification.
Citations and references
Arkansas statutes:
- Ark. Code Ann. § 7-5-309(b)(1)(B)
- Ark. Code Ann. § 7-9-107
- Ark. Code Ann. § 7-9-107(d)(1)
- Ark. Code Ann. § 7-9-107(f)
- Ark. Code Ann. § 7-9-107(l)(1), (l)(2)
- Ark. Code Ann. § 7-9-108
Arkansas session laws:
- Act 154 of 2025
- Act 602 of 2025
Arkansas cases:
- Pafford v. Hall, 217 Ark. 734, 233 S.W.2d 72 (1950)
- Paschall v. Thurston, 2024 Ark. 155, 699 S.W.3d 352
- Kurrus v. Priest, 342 Ark. 434, 29 S.W.3d 699 (2000)
- Chaney v. Bryant, 259 Ark. 294, 532 S.W.2d 741 (1976)
- Moore v. Hall, 229 Ark. 411, 316 S.W.2d 207 (1958)
- May v. Daniels, 359 Ark. 100, 194 S.W.3d 771 (2004)
- Becker v. Riviere, 270 Ark. 219, 604 S.W.2d 555 (1980)
- Wilson v. Martin, 2016 Ark. 334, 500 S.W.3d 160
- Cox v. Daniels, 374 Ark. 437, 288 S.W.3d 591 (2008)
- Bailey v. McCuen, 318 Ark. 277, 884 S.W.2d 938 (1994)
- Plugge v. McCuen, 310 Ark. 654, 841 S.W.2d 139 (1992)
- Shepard v. McDonald, 189 Ark. 29, 70 S.W.2d 566 (1934)
- Becker v. McCuen, 303 Ark. 482, 798 S.W.2d 71 (1990)
- Christian Civic Action Committee v. McCuen, 318 Ark. 241, 884 S.W.2d 605 (1994)
- Armstrong v. Thurston, 2022 Ark. 167, 652 S.W.3d 167
- Richardson v. Martin, 2014 Ark. 429, 444 S.W.3d 855
- Roberts v. Priest, 341 Ark. 813, 20 S.W.3d 376 (2000)
- McGill v. Thurston, 2024 Ark. 149, 699 S.W.3d 45
- Stiritz v. Martin, 2018 Ark. 281, 556 S.W.3d 523
Source
Original opinion text
BOB R. BROOKS JR. JUSTICE BUILDING
101 WEST CAPITOL AVENUE
LITTLE ROCK, ARKANSAS 72201
Opinion No. 2026-031
April 3, 2026
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 constitutional amendment.
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
A PROPOSED CONSTITUTIONAL AMENDMENT TO ABOLISH THE OFFICE OF CONSTABLE.
Ballot Title
A PROPOSED CONSTITUTIONAL AMENDMENT TO ABOLISH THE OFFICE OF CONSTABLE
2. Rules governing my review
Arkansas law requires sponsors of statewide initiated measures to "submit the original draft" of the measure to the Attorney General. An "original draft" includes the full text of the proposed measure along with its ballot title and popular name. Within ten business days of receiving the sponsor's original draft, the Attorney General must respond in one of three ways:
- First, the Attorney General may approve and certify the ballot title and popular name in the form they were submitted. A.C.A. § 7-9-107(d)(1).
- Second, the Attorney General may "substitute and certify a more suitable and correct ballot title and popular name." Id.
- Third, the Attorney General may reject both the popular name and ballot title "and state his or her reasons therefor and instruct" the sponsors to "redesign the proposed measure and the ballot title and popular name." A.C.A. § 7-9-107(f). This response is permitted when the ballot title or nature of the issue is presented in such manner that it would be misleading; or designed in such manner that a vote for or against the issue would actually be a vote for the outcome opposite of what the voter intends; or the text of the proposal conflicts with the United States Constitution or a federal statute. This response is also permitted when a proposed ballot title fails to comply with Act 602 of 2025, which prohibits the Attorney General from certifying "a proposed ballot title with a reading level above eighth grade as determined by the Flesch-Kincaid Grade Level Formula as it existed on January 1, 2025."
3. Rules governing the popular name
The popular name is primarily a useful legislative device, Pafford v. Hall, 217 Ark. 734, 739, 233 S.W.2d 72, 75 (1950), and its purpose is to identify the proposal for discussion. Paschall v. Thurston, 2024 Ark. 155, 10, 699 S.W.3d 352, 359. While it need not contain detailed information or include exceptions that might be required of a ballot title, the popular name must not be misleading or partisan. Chaney v. Bryant, 259 Ark. 294, 297, 532 S.W.2d 741, 743 (1976). And it must be considered together with the ballot title in determining the ballot title's sufficiency. May v. Daniels, 359 Ark. 100, 105, 194 S.W.3d 771, 776 (2004).
4. Rules governing the ballot title
The ballot title must summarize the proposed amendment. The Arkansas Supreme Court has developed general rules: sponsors must impartially summarize the amendment's text and give voters a fair understanding of the issues presented (Becker v. Riviere, 270 Ark. 219, 226, 604 S.W.2d 555, 558 (1980)); avoid technical terms not readily understood by voters (Wilson v. Martin, 2016 Ark. 334, 9, 500 S.W.3d 160, 167); not omit material that qualifies as an "essential fact which would give the voter serious ground for reflection" (Bailey v. McCuen, 318 Ark. 277, 285, 884 S.W.2d 938, 942 (1994)); be brief enough to read within the ten-minute statutory voting-booth time limit; be free from misleading tendency by amplification, omission, or fallacy; not be tinged with partisan coloring; convey an intelligible idea of the scope and significance of a proposed change in the law (Christian Civic Action Committee v. McCuen, 318 Ark. 241, 250, 884 S.W.2d 605, 610 (1994)); and meet the eighth-grade reading level cap of Act 602 of 2025.
5. Application to your popular name
Your popular name contains the same language as the ballot title. Because a popular name "is an identification tool," Stiritz v. Martin, 2018 Ark. 281, 3-4, 556 S.W.3d 523, 527, it "need not have the same detailed information as is required for the ballot title, else there would be no difference between the two." Pafford, 217 Ark. at 739. Thus, I am substituting and certifying a "more suitable" popular name.
6. Application to your ballot title
As noted above, Act 602 prohibits me from certifying ballot titles that are above an eighth-grade reading level under the Flesch-Kincaid Level formula. The ballot title you submitted ranks at 14.2, so I have substituted a certified revised ballot title that complies with Act 602.
7. Substitution and certification
With the above changes incorporated, the following popular name and ballot title are substituted and certified:
Popular Name
The Constable Amendment of 2026
Ballot Title
This is a proposed amendment to the Arkansas Constitution. It would abolish the Office of Constable.
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.
Assistant Attorney General Jodie Keener prepared this opinion, which I hereby approve.
Sincerely,
TIM GRIFFIN
Attorney General