Proposing an Amendment to Article 5, Section 1, of the Arkansas Constitution Concerning Initiative and Referendum; and Providing Certain Requirements for the Correction or Amendment of Insufficient State-Wide Petitions

Arkansas Ballot Measure - SJR 16

Election: Nov. 4, 2014 (General)
Outcome: Pending

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Measure Text

Stricken language would be deleted from and underlined language would be added to present law.
*MBM122* 02-13-2013 13:34:05 MBM122
State of Arkansas As Engrossed: S3/20/13 S4/18/13
89th General Assembly
Regular Session, 2013 SJR 16

By: Senator B. Sample
By: Representative Vines

SENATE JOINT RESOLUTION
PROPOSING AN AMENDMENT TO ARTICLE 5, SECTION 1, OF
THE ARKANSAS CONSTITUTION CONCERNING INITIATIVE AND
REFERENDUM; AND PROVIDING CERTAIN REQUIREMENTS FOR
THE CORRECTION OR AMENDMENT OF INSUFFICIENT STATE-
WIDE PETITIONS.

Subtitle
PROPOSING AN AMENDMENT TO ARTICLE 5,
SECTION 1, OF THE ARKANSAS CONSTITUTION
CONCERNING INITIATIVE AND REFERENDUM.

BE IT RESOLVED BY THE SENATE OF THE EIGHTY-NINTH GENERAL ASSEMBLY
OF THE STATE OF ARKANSAS AND BY THE THE HOUSE OF REPRESENTATIVES,
A MAJORITY OF ALL MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO:

THAT the following is proposed as an amendment to the Constitution of
the State of Arkansas, and upon being submitted to the electors of the state
for approval or rejection at the next general election for Representatives
and Senators, if a majority of the electors voting thereon at the election
adopt the amendment, the amendment shall become a part of the Constitution
of the State of Arkansas, to wit:

SECTION 1. The subsection of Article 5, Section 1, of the Arkansas
Constitution titled "Amendment of Petition" is amended to read as follows:
Amendment of Petition. (a)(1) If the Secretary of State, county
clerk or city clerk, as the case may be, shall decide any petition to be
insufficient, he or she shall without delay notify the sponsers sponsors of
such petition, and permit at least thirty (30) days from the date of such
notification, in the instance of a state-wide petition, or ten (10) days in
the instance of a municipal or county petition, for correction or amendment.
(2) For a state-wide petition, correction or amendment of an
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.
/s/B. Sample

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