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Arkansas committee rejects bill to require public apportionment discussions after heated debate
Summary
Lawmakers debated Senate Bill 12, which would have required public disclosure and stricter transparency for the Board of Apportionment’s communications; the Attorney General’s office warned of First Amendment problems and the committee voted the bill down.
Senator Brian King, a Republican from District 28, told the House committee that Senate Bill 12 would bring “sunshine” to the Board of Apportionment’s process for drawing legislative districts, arguing the public deserved open access to communications that shape maps that last a decade.
The bill drew sustained debate, with supporters saying the measure would reduce backroom deals and increase accountability after recent redistricting cycles. "Sunshine is the best disinfectant," King said. He described drawn districts that, he said, left towns with little representation and cited past examples where residents felt ignored by representatives who rarely visited.
Opponents focused on constitutional concerns and the bill’s scope. Alex Benton of the Arkansas Attorney General’s Office warned the committee that provisions of the bill raise “First Amendment concerns,” including “compelled speech, content-based restrictions on speech, and time, place, and manner restrictions.” Benton told the committee the bill, as written, could fail strict scrutiny in court.
Several committee members said the bill did not actually prevent lobbyists from influencing drawing of lines or stop alleged abuses such as hiring outside consultants. Representative Dan Greenberg and others noted the board of apportionment is composed of elected officials — the governor, attorney general and secretary of state — who remain accountable to voters.
Public witnesses and press and open-government groups weighed in. Jimmy Kevin, who identified himself as a citizen and reporter with Arkansas First News, and the Arkansas Press Association’s Andrew Bagley both urged transparency but said the bill’s language could create practical problems or be redundant with existing FOIA protections. Attorney Joey McCutcheon, who litigates open-government cases, told the committee the bill could enable serial, secret processes that undercut open-meetings protections unless it was tightly written.
After debate and public testimony, the committee held a vote and the bill failed on the floor of the committee. The chair announced, “All those opposed, nay. Sorry, Senator King. Your bill has failed.”
The committee did not adopt the bill, leaving current applicable rules and FOIA provisions in place. Supporters said they might revise the proposal, while opponents argued courts and current law better protect free-speech and due-process rights in the redistricting context.
