Arkansas, USA, regional Popular or citizen-initiated referendum [PCR] - Referendum

General Typology

Instrument
Popular or citizen-initiated referendum [PCR]
Location
Arkansas, USA
Political level
regional
Local Name:
Referendum
Normative Level:
constitutional
Legally Binding:
yes
Legally Defined:

Arkansas Constitution of 1874
Article 5
1. Initiative and Referendum.

Referendum. The second power reserved by the people is the referendum, and any number not less than six per cent of the legal voters may, by petition, order the referendum against any general Act, or any item of an appropriation bill, or measure passed by the General Assembly, but the filing of a referendum petition against one or more items, sections or parts of any such act or measure shall not delay the remainder from becoming operative. Such petition shall be filed with the Secretary of State not later than ninety days after the final adjournment of the session at which such Act was passed, except when a recess or adjournment shall be taken temporarily for a longer period than ninety days, in which case such petition shall be filed not later than ninety days after such recess or temporary adjournment. Any measure referred to the people by referendum petition shall remain in abeyance until such vote is taken. The total number of votes cast for the office of Governor in the last preceding general election shall be the basis upon which the number of signatures of legal voters upon state-wide initiative and referendum petitions shall be computed.

Upon all initiative or referendum petitions provided for in any of the sections of this article, it shall be necessary to file from at least fifteen of the counties of the State, petitions bearing the signature of not less than one-half of the designated percentage of the electors of such county.

Source: Arkansas Constitution of 1874 (accessed 1 Feb. 2017)

Subject Matter:

Repealing laws or parts of laws via referendum

Actors

Author:
Citizen
Initiator:
Citizens : 6% of the number of votes in the last gubernatorial election
Decision maker:
Electorate

Requirements

Number Of Signatures:
6% of the total number of voters in the last gubernatorial election
Available Time:
90 days
Turnout Quorum:
Legal source does not mention turnout quorum
Approval Quorum:
Majority of vote cast
Geographical Quorum:
See Other formal requirements
Excluded Issues:
Other Formal Requirements:

3% of the number of voters in a county who voted in the last gubernatorial election in at least 15 counties must sign the petition

"Upon all initiative or referendum petitions provided for in any of the sections of this article, it shall be necessary to file from at least fifteen of the counties of the State, petitions bearing the signature of not less than one-half of the designated percentage of the electors of such county."

Source: Arkansas Constitution of 1874, Article 5, Section 1 (accessed 1 Feb. 2017)

Procedural Elements

Collection Mode:
free
Specify Collection Mode:

7-9-108. Procedure for circulation of petition.
(b) Each part of any petition shall have attached thereto the affidavit of the person who circulated the petition to the effect that all signatures appearing thereon were made in the presence of the affiant and that to the best of the affiant's knowledge and belief each signature is genuine and that the person so signing is a legal voter.

Source: Arkansas Code of 1987 (accessed 1 Feb. 2017)

Wording Of Ballot Question:

7-9-107. Approval of ballot titles and popular names of petitions prior to circulation -- Publication
(b) Within ten (10) days, the Attorney General shall approve and certify or shall substitute and certify a more suitable and correct ballot title and popular name for each amendment or act. The ballot title so submitted or supplied by the Attorney General shall briefly and concisely state the purpose of the proposed measure.

Source: Arkansas Code of 1987 (accessed 1 Feb. 2017)

Interaction With Authorities:

7-9-107. Approval of ballot titles and popular names of petitions prior to circulation -- Publication.
(3) Whenever the sponsor of any initiative or referendum petition has obtained final approval of its ballot title and popular name, the sponsor shall file such petition with the Secretary of State prior to obtaining signatures on the petition.

Source: Arkansas Code of 1987 (accessed 1 Feb. 2017)

Supervision And Support:

7-9-114. Abstract of proposed measure.
(a) The Attorney General shall prepare a concise abstract of the contents of each statewide initiative and referendum measure proposed under Arkansas Constitution, Amendment 7, and he or she shall transmit it to the Secretary of State not less than twenty (20) days before the election.
(b) Not fewer than eighteen (18) days before the election, the Secretary of State shall transmit a certified copy of the abstract to the county boards of election commissioners, who shall cause copies to be printed and posted conspicuously at all polling places in the county for the information of the voters.
(c) The cost of printing copies of the abstracts shall be borne by the counties as a regular expense of the election.

Source: Arkansas Code of 1987 (accessed 1 Feb. 2017)

Transparency And Finance:

Campaign finance requirements are enforced by the Arkansas Ethics Commission.

7-9-601. Hiring and training of paid canvassers.

(a) (1) A person shall not provide money or anything of value to another person for obtaining signatures on a statewide initiative or referendum petition unless the person receiving the money or

(2) Before a signature is solicited by a paid canvasser the sponsor shall:

(A) Provide the paid canvasser with a copy of the most recent edition of the Secretary of State's initiatives and referenda handbook;

(B) Explain the Arkansas law applicable to obtaining signatures on an initiative or referendum petition to the canvasser; and

(C) (i) Provide a complete list of all paid canvassers' names and current residential addresses to the Secretary of State. (...)

Source: Arkansas Code of 1987 (accessed 1 Feb. 2017)

Practice

Archive:
Remarks:

Source retrieved: http://www.lexisnexis.com/hottopics/arcode/layout.htm