About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


2003 Arkansas Attorney General Reports and Opinions 1 (2003)

handle is hein.sag/sagar0085 and id is 1 raw text is: THE ATTORNEY GENERAL STATE OF ARKANSAS MIKE BEEBE Opinion No. 2003-207 July 21, 2003 Mr. Henry Richards 206 Highway 285 Greenbrier, AR 72058 Dear Mr. Richards: This is in response to your request, pursuant to A.C.A. § 7-9-107 (Repl. 2000), for certification of a popular name and ballot title for a constitutional amendment. You have previously made two similar submissions, which this Office rejected due to ambiguities. Ops. Att'y Gen. 2003-160 and 2003-127. I cannot issue a certification at this time because of my uncertainty regarding a proposed ballot title for your measure. The material you have submitted makes no distinction between the text and a ballot title for your constitutional amendment. Although the term Ballot Title appears on the first page, it is followed by what appears to be the text of the measure. It thus seems that you have not complied with A.C.A. § 7-9-107 (a), which requires you to submit to my office the original draft (text) of the measure and a proposed ballot title and popular name that summarize the proposal. The ballot title and popular name must be submitted specifically with no confusion or uncertainty about what is designated as the ballot title. See Washburn v. Hall, 225 Ark. 868, 286 S.W.2d 494 (1956). The Arkansas Supreme Court has upheld this requirement based on the great power that may be exercised by a small percent of the electorate in initiating a law pursuant to Amendment 7 to the Arkansas Constitution. As stated in Washburn, supra: 'It appears, therefore, that a very small per cent of our population may, at each general election, assemble the electorate into both a general assembly and a constitutional convention. The law must, therefore, be, and is, that if a power so great may be exercised by a number so small, a substantial compliance with the provisions of the Constitution conferring these powers should be required.' [Quoting Sturdy v. Hall, 201 Ark..38, 143 S.W.2d 547.] And it might be 323 CENTR STREL-r, Surr 1100 * LrrrLE Rocm, ARKANSA 72201 TELEPHONE (501) 682-2007 * Fux (501) 682-8084 NTERNtr WEBSITE * http://www.ag.state.ar.us .