Protect AR Rights ballot title to overturn recent ballot title laws rejected by attorney general a second time

VIDEO: Arkansas coalition speaks on proposed ballot measure process amendment

LITTLE ROCK, Ark. – Protect AR Rights’ ballot title submission to the Arkansas attorney general was rejected a second time on Tuesday.

In this most recent rejection, Attorney General Tim Griffin said the ballot title had again been above an eighth-grade reading level.

“The ballot title you have provided with your current submission ranks at 9.3 on the Flesch-Kincaid Grade Level formula,” Griffin said in his opinion. “Although this submission is much closer to an eighth-grade reading level, it still does not meet the requirements of Act 602.”

Griffin added that a “key ambiguity” in the text of the proposed measure and the ballot title that changes the law regarding the number of counties from which signatures are required.

“I suspect that you mean for this language to (1) require signatures from electors from at least 15 counties and (2) prevent any law requiring that signatures be gathered from more than 15 counties. But that is not what you have written. Rather, your proposed language requires that signatures be gathered from at least 15 counties, and it requires that the signatures be from no more than 15 counties,” Griffin said in part. “In other words, the signatures must come from exactly 15 counties. This language is inconsistent with another provision in the “Referendum” paragraph of your text, which states, ‘Initiative or referendum petitions provided for under this Article 5, Section 1 shall not be required to be filed for more than fifteen (15) counties.’”

Griffin added that the proposed change to the language is also inconsistent with the ballot title.

Protect AR Rights issued a statement following Griffin’s rejection of the ballot proposal.

“Our coalition remains committed to safeguarding Arkansans’ rights to participate directly in the democratic process. We are reviewing the Attorney General’s feedback, and our drafting team will revise and resubmit the measure without delay,” the statement read. “As we’ve previously stated, we believe the 8th grade readability requirement conflicts with our legal obligation to provide voters a clear and accurate ballot title — a concern we are addressing through ongoing litigation.”

The group has previously stated that the submission is intended to place before voters the chance to overturn ballot initiative laws passed during the most recent general assembly. Their initial ballot proposal was submitted in early June.

Protect AR Rights has its policy position on its website.