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Committee approves bill expanding attorney general review power over ballot titles
Summary
House Bill 12-22 would empower the attorney general to reject ballot titles that conflict with the U.S. Constitution or federal law and prevent multiple conflicting measures on the same subject from being submitted simultaneously; the committee approved the measure after extended discussion about separation of powers and review processes.
House Bill 12-22 passed the committee after a detailed sponsor presentation and extended member questioning about constitutional review and the mechanics for preventing multiple concurrent submissions.
Representative David Ray, sponsor, told the committee the bill would allow the attorney general to “reject a ballot title if it were to be found in conflict with the US Constitution or federal statute.” He said the change would prevent voters from being asked to decide measures that are likely to be struck down as unconstitutional and cited the 1996 initiated act on campaign finance as an example where courts later invalidated many provisions.
The bill also would prevent conflicting measures from being filed for attorney general review at the same time, Ray said. He described how multiple simultaneous filings can “water down the attorney general office's ability to thoroughly review and vet each proposal” because by statute AG review of ballot titles must be completed within 10 days.
Members raised constitutional and procedural concerns. Senator Tucker asked whether the attorney general should have the same authority over legislative bills; Ray said courts and appeals processes would remain available and sponsors could appeal an AG determination to the Arkansas Supreme Court. Senator Tucker and others pressed whether the proposal unduly centralizes gatekeeping of ballot questions; Ray countered that the bill preserves appeal rights and is aimed at saving sponsors and the state from wasted effort on measures likely to be invalidated.
Senator Peyton moved to pass the bill; Senator Hammer seconded. The committee approved the bill by voice vote. No public witnesses were recorded at this hearing.
Sponsor pointed to historical precedent: the ballot-title review process was upheld by the state supreme court in 1954, and a later case cited by the sponsor (Washburn v. Hall, 1956) supported the review process, he said. Ray also told members that, under the bill, sponsors could resubmit corrected titles quickly and that the bill would not prevent nonconflicting multiple filings. The transcript records no recorded vote tally or amendments.
