A lawsuit about ballot access is gaining steam. The American Civil Liberties Union (ACLU) is now working with Arkansas Non-profits to fight strict new rules on canvassing. As Little Rock Public Radio reports, Arkansas’ constitution protects citizen-led ballot initiatives. But earlier this year legislators passed laws that advocates say make it nearly impossible to get initiatives on the ballot.
This latest development followed previous legal fights over signature requirements for each county. Bill Kopsky with the Arkansas Public Policy Panel was involved with a previous ballot amendment. He says the new laws are so cumbersome as to effectively end the direct democracy process. “These laws were both driving the costs of the campaigns up so high that it really puts them in the realm of big, huge special interests and not something that grassroots citizens have access to.” That case will be heard in a northwest Arkansas court.
Arkansas is one of two dozen states that allow citizens to propose ballot measures.
But the 2025 Arkansas State Legislature approved a series of bills this year with more stringent requirements in the process of gathering signatures for initiatives to be placed on a statewide election ballot, with the stated goal of preventing any form of deception of those signing the petitions.
* Senate Bill 207 / Act No. 218, for example, requires canvassers to inform people that petition fraud is a crime, a Class A misdemeanor.
* Senate Bill 208 / Act No. 240 requires canvassers to view a photo ID of each person signing the document.
* Senate Bill 209 / Act No. 273 instructs the Secretary of State to not count signatures on a petition ‘if a preponderance of evidence indicates canvassers violated state laws in signature gathering.
* Senate Bill 210 / Act No. 274 requires people signing a petition to read the ballot title before signing the document.
* Senate Bill 211 / Act No. 241 requires canvassers to submit a sworn statement that they have complied with all laws pertaining to the collection of signatures.
Three house bills, which also restricted citizen-led initiatives, also became law in Arkansas this legislative cycle.
* House Bill 1221 / Act No. 153 states that the certification of ballot titles for initiatives, referendums and constitutional amendments, as well as the signatures collected for those measures would only be valid for the next general election.
* House Bill 1222 / Act No. 154 expands the attorney general’s existing authority to reject a proposal if it conflicts with the U.S. Constitution or federal statutes and prevents the sponsor of a measure from submitting more than one conflicting petition simultaneously.
* House Bill 1574 / Act 453 requires canvassers who are paid to collect signatures to be permanent residents of Arkansas.
In April, the Arkansas chapter of the League of Women Voters filed their own federal lawsuit against the latest restrictions and requirements for citizen-led ballot initiatives, claiming they violate both the state and U.S. constitutions.
Just two years ago, the 2023 Arkansas State Legislature also made a substantial change to petition signature requirements.
* House Bill 1419 / Act No. 236 raised the number of counties where ballot initiative supporters must gather signatures from 15 to 50 counties. That change is still being fought in the courts.
