Stricken language would be deleted from and underlined language would be added to present law.
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1 State of Arkansas As Engrossed: S3/20/13 S4/18/13
2 89th General Assembly
3 Regular Session, 2013 SJR 16
5 By: Senator B. Sample
6 By: Representative Vines
8 SENATE JOINT RESOLUTION
9 PROPOSING AN AMENDMENT TO ARTICLE 5, SECTION 1, OF
10 THE ARKANSAS CONSTITUTION CONCERNING INITIATIVE AND
11 REFERENDUM; AND PROVIDING CERTAIN REQUIREMENTS FOR
12 THE CORRECTION OR AMENDMENT OF INSUFFICIENT STATE-
13 WIDE PETITIONS.
17 PROPOSING AN AMENDMENT TO ARTICLE 5,
18 SECTION 1, OF THE ARKANSAS CONSTITUTION
19 CONCERNING INITIATIVE AND REFERENDUM.
22 BE IT RESOLVED BY THE SENATE OF THE EIGHTY-NINTH GENERAL ASSEMBLY OF THE
23 STATE OF ARKANSAS AND BY THE THE HOUSE OF REPRESENTATIVES, A MAJORITY OF ALL
24 MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO:
26 THAT the following is proposed as an amendment to the Constitution of
27 the State of Arkansas, and upon being submitted to the electors of the state
28 for approval or rejection at the next general election for Representatives
29 and Senators, if a majority of the electors voting thereon at the election
30 adopt the amendment, the amendment shall become a part of the Constitution of
31 the State of Arkansas, to wit:
33 SECTION 1. The subsection of Article 5, Section 1, of the Arkansas
34 Constitution titled "Amendment of Petition" is amended to read as follows:
35 Amendment of Petition. (a)(1) If the Secretary of State, county
36 clerk or city clerk, as the case may be, shall decide any petition to be As Engrossed: S3/20/13 S4/18/13 SJR16
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1 insufficient, he or she shall without delay notify the sponsers sponsors of
2 such petition, and permit at least thirty (30) days from the date of such
3 notification, in the instance of a state-wide petition, or ten (10) days in
4 the instance of a municipal or county petition, for correction or amendment.
5 (2) For a state-wide petition, correction or amendment of an
6 insufficient petition shall be permitted only if the petition contains valid
signatures of legal voters equal to:
(A) At least seventy-five percent (75%) of the number of
state-wide signatures of legal voters required; and
(B) At least seventy-five percent (75%) of the required
number of signatures of legal voters from each of at least fifteen (15)
counties of the state.
(b) In the event of legal proceedings to prevent giving legal effect
to any petition upon any grounds, the burden of proof shall be upon the person or persons attacking the validity of the petition.