STATE OF ARKANSAS · STATE OF ARKANSAS ATTORNEY GENERAL LESLIE RUTLEDGE I am writing in response to...

Opinion No. 2017-050

May 11, 2017

Ed Frizzell, Sponsor 12 Meadow Creek Conway, AR 72032

Dear Mr. Frizzell:

STATE OF ARKANSAS ATTORNEY GENERAL

LESLIE RUTLEDGE

I am writing in response to your request for certification, pursuant to Ark. Code Ann. § 7-9-107 (Supp. 2015), of the popular name and ballot title for a proposed initiated measure.

At the outset, I wish to make clear to you that the decision to certify or reject a popular name and ballot title is in no way a reflection of my view of the merits of a particular proposal. I am not authorized to, and do not, consider the merits of the measure when making my determination to certify or reject a popular name and ballot title.

The Attorney General is required, pursuant to Ark. Code Ann. § 7-9-107, to certify the popular name and ballot title of all proposed initiative and referendum acts or amendments before the petitions are circulated for signature. The law provides that the Attorney General may, if practicable, substitute and certify a more suitable and correct popular name and ballot title. Or, if the proposed popular name and ballot title are sufficiently misleading, the Attorney General may reject the entire petition.

Section 7-9-107 neither requires nor authorizes this office to make legal determinations concerning the merits of the act or amendment, or concerning the likelihood that it will accomplish its stated objective. In addition, consistent with Arkansas Supreme Court precedent, unless the measure is "clearly contrary to

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Ed Frizzell, Sponsor Opinion No. 2017-050

law," 1 this office will not require that a measure's proponents acknowledge in the ballot title any possible constitutional infirmities.2 Consequently, this review has been limited primarily to a determination, pursuant to the guidelines that have been set forth by the Arkansas Supreme Court, discussed below, of whether the popular name and ballot title you have submitted accurately and impartially summarize the provisions of your proposal.

The purpose of my review and certification is to ensure that the popular name and ballot title honestl~, intelligibly, and fairly set forth the purpose of the proposed amendment or act.

REQUEST

You have requested certification, pursuant to Ark. Code Ann. § 7-9-107, of the following popular name and ballot title for a proposed constitutional amendment:

Popular Name

Arkansas Fair Voting Amendment

Ballot Title

Amending the Arkansas Constitution concemmg rules for establishing legislative districts using standardized zones to eliminate gerrymandering; establishing the number of districts for the Arkansas Senate and Arkansas House of Representatives to allow the election of multiple legislators per district; establishing requirements for admission to the ballot including petition signatures equaling one percent of voters in each district; establishing the procedures for ranked-choice voting for single-member offices;

1 See Kurrus v. Priest, 342 Ark. 434, 445, 29 S.W.3d 669, 675 (2000); Donovan v. Priest, 326 Ark. 353, 359, 931S.W.2d119, 121 (1996); Plugge v. McCuen, 310 Ark. 654, 841S.W.2d139 (1992).

2 As part of my review, however, I may address constitutional concerns for consideration by the measure's proponents.

3 See Arkansas Women's Political Caucus v. Riviere, 283 Ark. 463, 466, 677 S.W.2d 846 (1984).


establishing the role of the State government m the affairs of political parties

SUMMARY RESPONSE

Your popular name and ballot title are impermissibly misleading and wholly deficient in failing to fairly or completely summarize the substance of your proposal or to describe changes the proposal would make in existing state law. Additionally, pursuant to Ark. Code Ann. §§ 7-9-107(a) and 7-9-104(a) (Supp. 2015), the "original draft" of the petition must be submitted to my office in the specified form. It is clearly stated in the latter statute that the petition must identify the measure as either "an amendment to the Constitution of the State or act or ordinance .... " Your submission fails to satisfy this requirement.

Based on what has been submitted, my statutory duty is to reject your proposed popular name and ballot title.

LEGAL STANDARDS

Popular Name

The popular name is primarily a useful legislative device. 4 It need not contain detailed information or include exceptions that might be required of a ballot title, but it must not be misleading or give partisan coloring to the merit of the proposal. 5 The popular name is to be considered together with the ballot title in determining the ballot title's sufficiency.6

Ballot Title

The ballot title must include an impartial summary of the proposed amendment or act that will give the voter a fair understanding of the issues presented.7

4 Pafford v. Hall, 217 Ark. 734, 739, 233 S. W.2d 72, 75 (1950).

5 See, e.g., Chaney v. Bryant, 259 Ark. 294, 297, 532 S.W.2d 741, 743 (1976); Moore v. Hall, 229 Ark. 411, 316 S.W.2d 207 (1958). For a better understanding of the term "partisan coloring," see note 16 irifra.

6 May v. Daniels, 359 Ark. 100, 105, 194 S.W.3d 771, 776 (2004).

7 Becker v. Riviere, 270 Ark. 219, 226, 604 S.W.2d 555, 558 (1980) (internal citations omitted).

Ed Frizzell, Sponsor Opinion No. 2017-050 Page4

According to the Court, a ballot title will not be legally sufficient unless it "adequately inform[ s ]" the voters of the contents of a proposed amendment or act so that they can make a "reasoned decision in the voting booth."8 A ballot title's failure to "honestly and accurately reflect what is contained in the proposed [act or] Amendment" may lead the Court to conclude that the "omission is significant. "9 The Court has also disa~proved the use of terms that are "technical and not readily understood by voters. ' 0 Without a definition of such terms in the ballot title, the title may be deemed insufficient. 11

.

Additionally, if information omitted from the ballot title is an "essential fact which would give the voter serious ground for reflection, it must be disclosed. " 12 At the same time, however, a ballot title must be brief and concise;13 otherwise voters could run afoul of Ark. Code Ann. § 7-5-309's five-minute limit in voting booths when other voters are waiting in line. 14 The ballot title is not required to be perfect, nor is it reasonable to expect the title to cover or anticipate every possible legal argument the proposed measure might evoke. 15 The title, however, must be "free of any misleading tendency whether by amplification, omission, or fallacy, and it must not be tinged with partisan coloring."1 The ballot title must be honest

8 Lange v. Martin, 2016 Ark. 337, 500 S.W.3d 154, at n. 2.

9 Id. at *9, 500 S.W.3d at 159.

10 Wilson v. Martin, 2016 Ark. 334, *9, 500 S.W.3d 160, 167.

11 Id., 500 S.W.3d at 167.

12 Bailey v. McCuen, 318 Ark. 277, 285, 884 S.W.2d 938, 942 (1994).

13 See Ark. Code Ann. § 7-9-107(b).

14 Bailey, 318 Ark. at 284, 884 S.W.2d at 944.

15 Id. at 293, 844 S.W.2d at 946-47.

16 Id. at 284, 884 S.W.2d at 942. Language "tinged with partisan coloring" has been identified by the Arkansas Supreme Court as language that "creates a fatally misleading tendency" (Crochet v. Priest, 326 Ark. 338, 347, 931 S.W.2d 128, 133 (1996)) or that "gives the voter only the impression that the proponents of the proposed amendment wish to convey of the activity represented by the words." (Christian Civic Action Committee v. McCuen, 318 Ark. 241, 249, 884 S.W.2d 605, 610 (1994)).


and impartial, 17 and it must convey an intelligible idea of the scope and significance of a proposed change in the law. 18

Furthermore, the Court has confirmed that a proposed measure cannot be approved if the text of the proposal itself contributes to confusion and disconnect between the language in the popular name and the ballot title and the language in the proposed measure. 19 The Court concluded that "internal inconsistencies would inevitably lead to confusion in drafting a popular name and ballot title and to confusion in the ballot title itself."20 Where the effects of a proposed measure on current law are unclear or ambiguous, it is impossible for me to perform my statutory duty to the satisfaction of the Arkansas Supreme Court without (I) clarification or removal of the ambiguities in the proposal itself, and (2) conformance of the popular name and ballot title to the newly worded proposal.

APPLICATION

Popular Name

The word "fair" in your proposed popular name gives "partisan coloring to the merit of the proposal," contrary to the above standards. A word like "fair" is partisan because few would vote against a measure that would appeal to a virtue such as fairness. The popular name is consequently deficient.

Ballot Title

Your ballot title also lends partisan coloring to the proposal. In stating that the proposed amendment will establish legislative districts in such a way as to "eliminate gerrymandering," it invites voters to view the proposal favorably in contrast to the negative connotations that have been associated with this catch phrase. In so doing, the ballot title fails to meet the requirement of impartiality.

Of greater significance, though, is a fundamental problem with your ballot title due to its failure to sufficiently convey the very substance of your proposed

17 Becker v. McCuen, 303 Ark. 482, 489, 798 S.W.2d 71, 74 (1990).

18 Christian Civic Action Committee, note 16 supra, 318 Ark. at 245, 884 S. W.2d at 607 (internal quotations omitted).

19 Cf Roberts v. Priest, 341 Ark. 813, 825, 20 S.W.3d 376, 382 (2000).

20 Id


constitutional amendment to the electorate. Voters must be able to understand the consequences of their votes based on the ballot title.21 The Arkansas Supreme Court has consistently warned that the ballot title must convey an intelligible idea of the scope and significance of a proposed change in the law. Additionally, voters are "entitled to be informed by plain language."22 Your proposed title is wholly deficient in this respect. It merely refers in a general way to some of the measure's provisions and repeats one technical term used in the measure. This fails to meet the standards set by the Court. The ballot title you have submitted provides no real explanation of the substantive provisions that lie at the measure's heart. The title is so incomplete that a reasonable voter cannot be expected to perceive the issues involved or comprehend the scope of the proposal, which is a complex and detailed attempt to fundamentally amend the Arkansas Constitution regarding elections for state and federal offices.

Your ballot title must therefore, in my opinion, be redesigned to correct these deficiencies. The consequences of approval of your proposed constitutional amendment would doubtless be of serious concern to voters weighing the merits of your measure. A reasonable voter will not, however, based on this ballot title, be able to comprehend how your measure proposes to substantially change current law in Arkansas with respect to establishing legislative districts and electing our state and federal officials.23 The Arkansas Supreme Court has elaborated on the duty to describe the changes in law a proposal is to make:

It is evident that before determining the sufficiency of the present ballot title we must first ascertain what changes in the law would be brought about by the adoption of the proposed amendment. For the elector, in voting upon a constitutional amendment, is simply making a choice between retention of the existing law and the substitution of something new. It is the function of the ballot title to provide information concerning the choice that he is called upon to make. Hence the adequacy of the title is directly related to the

21 Ward v. Priest, 350 Ark. 345, 385, 86 S.W.3d 884, 900 (2002) ("It is to the ballot title that the voters may look to ascertain whether what they are asked to approve.").

22 Id.

23 See, e.g., Ark. Const. art. 6, § 3 (election of executive officers); Ark. Const. art. 8 (apportionment of representatives); Ark. Const. amend. 80, §§ 17 and 18 (election of Arkansas judges and justices).


degree to which it enlightens the voter with reference to the changes that he is given the opportunity of approving.24

Without information regarding the extent to which your proposal would change current law, it will be impossible for a voter to make an informed "choice between retention of the existing law and the substitution of something new."25 The Court has held that "a ballot title is not insufficient merely because it fails to reflect the current state of the law. "26 But a ballot title will be deemed insufficient if it does not give the voters a clear understanding of the "extent and import" of the proposal, particularly when they are being asked to amend the constitution:

If the voter knows the extent and import of such a proposal, it is the voter's decision, not ours, as to the wisdom of the proposal. But at the same time the voters have placed on this court the duty and responsibility to see that when they vote that change, or decline to vote that change, especially one to alter their constitution, they are allowed to make an intelligent choice, fully aware of the consequences of their vote.27

The ballot title must therefore both accurately summarize the proposed measure's text and sufficiently inform the voters about the changes in current law they are being asked to approve. In my opinion, the ballot title you have submitted fails in both respects. It must be redesigned to include essential information beyond general references to the measure's provisions and terminology. Fundamental rev1s10n is necessary. But the precise manner in which you summarize the proposal and acknowledge its effects on existing law is a matter for you to determine and submit to this office in draft form. While I can modify a proposed ballot title to render it a more accurate summary of the measure, I am not legally required to craft a ballot title that amounts to an independent product.28 Where a proposed ballot title does not comply with the rules governing the initiative process-including the requirement to summarize the proposal and its effects in a

24 Bradley v. Hall, 220 Ark. 925, 927, 251 S.W.2d 470, 471 (1952).

2s Id.

26 May, note 6 supra, 359 Ark. at 116, 194 S.W.3d at 783.

27 Dust v. Riviere, 277 Ark. 1, 4, 638 S.W.2d 663, 665 (1982).

28 See Op. Att'y Gen. 2016-109.


fair, accurate, and complete manner-and the ballot title is consequently significantly misleading, this office may decline to prepare a substitute.29

I should also warn that simply repeating the words or the definitions of your proposed measure will not be sufficient to meet the standards set by the Court. The term "ranked-choice voting," for instance, does not have a "general currency among the public" such that it can be assumed most voters will readily understand what that term entails. 30 The Court has clearly disapproved the use of technical terms:

[A] highly technical definition is disfavored in ballot titles. We have disapproved the use of terms that are technical and not readily understood by voters, such that voters would be placed in a position of either having to be an expert in the subject or having to guess as to the effect his or her vote would have. [Citations omitted.] ... Without a definition of [a technical term], the voter would be in the position of guessing as to the effect his or her vote would have unless he or she is an expert in the legal field. In other words, the voter would be unable to reach an intelligent and informed decision for or against the proposal without an understanding of the terms and the consequences of his or her vote.31

Should you revise and resubmit your measure and ballot title to address the above concerns, you should also bear in mind that your ballot title must judiciously recite the proposed amendment's important features in an effort to avoid being inordinately detailed and lengthy. The ballot title for any measure of such length and complexity as yours must avoid both of two dangers: that of being too lengthy and that of omitting important matter. More specifically, the title cannot be so long that it causes voters to violate the voting booth time limitations, yet it must not omit any of the proposed measure's important factors. For this reason, I must point out that with any proposed amendment of considerable length and complexity such as yours, the sponsor runs the risk of a challenge and of a finding

29 See Ops. Att'y Gen. 2016-051and2012-033 (and opinions cited therein).

3° Christian Civic Action Committee, 318 Ark. at 248, 884 S.W.2d at 609.

31 Wilson v. Martin, note 10 supra, *9, 500 S.W.3d at 167.


by the Court that the ballot title is unacceptable, either because it is too "complex, detailed, and lengthy," or because it has "serious omissions."32

You may wish to re-evaluate the text of your proposed constitutional amendment in light of the above ballot-title requirements. In the event of a challenge, I believe the Court may well conclude that the scope and import of your proposed amendment simply cannot adequately be conveyed to the voter in a ballot title. Even when summarized accurately or verbatim, it is possible that the true contents of your measure cannot be sufficiently conveyed to the voter in a ballot title for this proposed amendment.

As guidance for you in possibly amending your proposal for resubmission, you may wish to review previous opinions of this office certifying the popular names and ballot titles for various proposed measures. They are searchable on the Office of Attorney General website: http://www.arkansasag.gov/opinions/. Additionally, if you have not done so already, you may wish to consult legal counsel or someone experienced in the drafting of laws, the editing of legal documents, or both before resubmitting your proposal. In considering whether to submit a revised proposal, you should also be aware that I may call attention to ambiguities in the measure's text on any review, even though they may have been embodied or inherent in an earlier version of the proposal.

CONCLUSION

The decision to certify or reject a popular name and ballot title is in no way a reflection of my view of the merits of a particular proposal. I am not authorized to, and do not consider the merits, philosophy, or ideology of the measure when making my determination to certify or reject a popular name and ballot title. My statutory mandate is embodied only in Ark. Code Ann. § 7-9-107, and my duty is to the electorate. I am not your counsel in this matter and cannot advise you as to the substance of your proposal. My review has been limited to a determination, pursuant to the guidelines that have been set forth by the Arkansas Supreme Court, of whether the popular name and ballot title you have submitted accurately, impartially, and intelligibly summarize the provisions of your proposal.

32 See, e.g., Walker v. Priest, 342 Ark. 410, 29 S.W.3d 657 (2000); Page v. McCuen, 318 Ark. 342, 884 S.W.2d 951 (1994). Accord Op. Att'y Gen. 2011-038 (citing Ops. Att'y Gen. 2007-160, 2005-212).


Based on what has been submitted, my statutory duty is to reject your proposed popular name and ballot title for the fore¥oing reasons and instruct you to redesign the proposed measure and ballot title. 3 If you wish, you may resubmit your proposed amendment along with a proposed popular name and ballot title at your convenience.

Sincerely,

33 See Ark. Code Ann. § 7-9-107(c).

Arkansas Fair Voting Amendment

AMENDING THE ARKANSAS CONSTITUTION CONCERNING RULES FOR

ESTABLISHING LEGISLATIVE DISTRICTS USING STANDARDIZED ZONES TO

ELIMINATE GERRYMANDERING; ESTABLISHING THE NUMBER OF DISTRICTS

FOR THE ARKANSAS SENATE AND ARKANSAS HOUSE OF REPRESENTATIVES

TO ALLOW THE ELECTION OF MULTIPLE LEGISLATORS PER DISTRICT;

ESTABLISHING REQUIREMENTS FOR ADMISSION TO THE BALLOT

INCLUDING PETITION SIGNATURES EQUALING ONE PERCENT OF VOTERS IN

EACH DISTRICT; ESTABLISHING THE PROCEDURES FOR RANKED-CHOICE

VOTING FOR SINGLE-MEMBER OFFICES; ESTABLISHING THE ROLE OF THE

STATE GOVERNMENT IN THE AFFAIRS OF POLITICAL PARTIES

PREAMBLE

Whereas the population of Arkansas is heterogeneous; Whereas all people require

of their government an equal voice in who represents them; Whereas democracy

holds intrinsic value; Whereas a state moves forward by tapping into the

intelligence and energies of all its people; we set forth the Arkansas Fair Voting

Amendment.

§ 1. Definitions

(A) At-large - representing or being elected by the whole membership of the body of relevant Electors.

(B) AR House - Arkansas House of Representatives

(C) AR Senate - Arkansas Senate

(D) Containing District - The Arkansas Senatorial District that a given Arkansas House of Representative District is contained in shall be designated as that AR House District's Containing District.

(E) Current Census- The most recent United States Census.

(F) Distribution Quota - The number of electors to be assigned to a given district shall be c.alled the Distribution Quota.

(G) Distribution Zone - Permanent distribution regions with fixed horizontal borders running latitudinally across the state that are to be used in creating and recreating districts.

(H) Election Threshold- The number of votes required to be awarded an elected position.

(I) Height (of a Containing District) - The distance from the northern boundary of the Distribution Zone to the southern boundary of that zone. If a Containing District "wraps around" and is in two Distribution Zones, then the height shall be the larger of the two heights, but not the combined heights.

(J) Multi-member district- electoral districts that send two or more members to a legislative chamber.

(K) Multi-member offices- offices to be filled by multiple members.

(l) Multi-member Proportional- Voting- Multi-member Proportional Voting is a method of casting and tabulating votes in which voters cast one vote as their preference, tabulation proceeds from the most preferred candidate then continues in descending order of number of votes until the required membership is filled.

(M) Ranked-Choice Voting - Ranked-choice voting is a method of casting and tabulating votes in which voters rank candidates in order of preference, tabulation proceeds in rounds in which last-place candidates are defeated and the candidate with the most votes in the final round is elected.

(N) Relevant Electors - electors registered to vote within a given district or in the state in the case of statewide election.

(0) Width (of a Containing District) - The distance from the western boundary of the Containing District to the eastern boundary of that Containing District. If a Containing District "wraps around" and is in two Distribution Zones, then the width shall be calculated by measuring the width of the Containing District separately in each zone and then adding the two widths together.

§ 2. Permanent Distribution Zones

(A) Permanent distribution zones are henceforth delineated for the purpose of defining the process used to establish the boundaries of the districts for the AR Senate and the AR House.

(B) The east and west boundaries of each zone shall be the boundary of the State of Arkansas at the east and west ends of each zone. The north and south boundaries of each zone shall be as follows:

(1) Zone one shall be between thirty-six (36) degrees, thirty (30) minutes north latitude (36°30'N) and thirty-five (35) degrees, forty-five ( 45) minutes north latitude (35°45'N).

(2) Zone two shall be between thirty-five (35) degrees, forty-five ( 45) minutes north latitude (35°45'N) and thirty-five (35) degrees north latitude (35°).

(3) Zone three shall be between thirty-five (35) degrees north latitude (35°N) and thirty-four (34) degrees, twenty (20) minutes north latitude (34°20'N).

(4) Zone four shall be between thirty-four (34) degrees, twenty (20) minutes north latitude (34°20'N) and thirty-three (33) degrees, forty ( 40) minutes north latitude (33°40'N).

(5) Zone five shall be between thirty-three (33) degrees, forty (40) minutes north latitude (33°40'N) and thirty-three (33) degrees, zero (0) minutes north latitude (33°0'N).

§ 3. Establishing Arkansas Congressional Districts

(A) Districts for the U.S. House in Arkansas.

(1) Arkansas shall have the number of U.S. House Districts as assigned by federal law, with one (1) representative for each.

(2) The total population of the state above the age of eighteen at the time of the Current Census shall be divided by the number of U.S. House Districts to determine the Distribution Quota for each U.S. House District.

(3) Districts shall be established by moving a longitudinal border eastward or westward across a Distribution Zone until the population included in the district meets the U.S. House Distribution Quota.

( 4) Movement of the longitudinal border shall be eastward in Distribution Zones #1, #3, and #5. Movement of the longitudinal border shall be westward in Distribution Zones #2 and #4.

(5) When an easternmost or a westernmost extreme of a zone has been reached and the U.S. House Distribution Quota has not been filled, distribution will continue in the zone to the south according to the direction set out above.

(6) Distribution Quotas may be adjusted by plus or minus one percent ( +/-1 %) to allow longitudinal borders to end at the state line.

(8) Districts for the AR Senate.

(1) The AR Senate shall have seven (7) districts. Each AR Senate District shall have five (5) at-large delegates.

(2) The total population of the state above the age of eighteen at the time of the Current Census shall be divided by seven (7) to determine the Distribution Quota for each AR Senate District.

(3) Districts shall be established by moving a longitudinal border eastward or westward across a Distribution Zone until the population included in the district meets the Senate Distribution Quota.

(4) Movement of the longitudinal border shall be eastward in Distribution Zones #1, #3, and #5. Movement of the longitudinal border shall be westward in Distribution Zones #2 and #4.

(5) When an easternmost or a westernmost extreme of a zone has been reached and the Senate Distribution Quota has not been filled, distribution will continue in the zone to the south according to the direction set out above.

(6) Distribution Quotas may be adjusted by plus or minus ten percent ( +/-10%) to allow longitudinal borders to end at the state line.

(7) Each AR Senate District shall contain three AR House Districts.

(C) Districts for the AR House.

(1) The AR House shall have twenty-one (21) districts, three (3) in each AR Senate District. Each AR House District shall have five (5) at-large delegates.

(2) After the AR Senate Districts are finalized, the total population of each Containing District above the age of eighteen at the time of the Current Census shall be divided by three (3) to determine the Distribution Quota for each AR House District in that Containing District.

(3) AR House Districts within a Containing District with a Height greater than its Width shall be determined by moving latitudinal borders from north to south down the Containing District until the population included in each AR House District meets the House Distribution Quota for that Containing District.

(4) AR House Districts within a Containing District with a Width greater than its Height shall be determined by moving longitudinal borders in the direction specified for each Distribution Zone across the Containing District until the population included in each AR House District meets the House Distribution Quota for that Containing District.

(5) When an easternmost or a westernmost extreme of a zone has been reached and the House Distribution Quota has not been filled, distribution will continue in the zone to the south according to the direction set out above.

(6) Distribution Quotas may be adjusted by plus or minus ten percent ( +/-10%) to allow longitudinal borders to end at the state line.

(D) The 2020 U.S. House, AR Senate, and AR House Districts shall be established in accordance with this Amendment by the Arkansas State Board of Election Commissioners prior to July 1, 2019 using population data from the 2010 United States Census.

(E) Subsequent U.S. House, AR Senate, and AR House Districts shall be established in accordance with this Amendment by the Arkansas State Board of Election Commissioners using the Current Census within one year following the release of said census.

§ 4. Multi-Member Proportional Voting

(A) The AR Senate and the AR House shall be elected using Multi-Member Proportional Voting.

(B) Each district for the AR Senate and the AR House shall have five (5) members.

(C) Electors shall each have one (1) vote for an AR Senate candidate and one (1) vote for an AR House candidate.

(D) Candidates receiving the top five (5) number of votes in each district shall be awarded the position for which they are candidates.

§ s. Single-Member Offices Use Ranked-Choice Voting

(A) Single-member offices include Arkansas' Members of the U.S. Senate, Arkansas' Members to the U. S. House, the Governor of Arkansas, the Lieutenant Governor of Arkansas, the Arkansas Secretary of State, the Attorney General of Arkansas, the Arkansas Auditor of State, the Arkansas Treasurer, the Arkansas Commissioner of State Lands, and shall be elected by Rank Choice Voting.

§ 6. Determination of Winner by Ranked-Choice Voting

(A) Definitions.

(1) "Batch elimination" means the simultaneous defeat of multiple candidates for whom it is mathematically impossible to be elected.

(2) "Continuing ballot" means a ballot that is not an exhausted ballot.

(3) "Continuing candidate" means a candidate who has not been defeated.

( 4) "Exhausted ballot" means a ballot that does not rank any continuing candidate, contains an overvote at the highest continuing ranking or contains 2 or more sequential skipped rankings before its highest continuing ranking.

(5) 11 Highest continuing ranking" means the highest ranking on a voter's ballot for a continuing candidate.

(6) "Last-place candidate" means the candidate with the fewest votes in a round of the ranked-choice voting tabulation.

(7) "Mathematically impossible to be elected," with respect to a candidate, means either:

(a)The candidate cannot be elected because the candidate's vote total in a round of the ranked-choice voting tabulation plus all votes that could possibly be transferred to the candidate in future rounds from candidates with fewer votes or an equal number of votes would not be enough to surpass the candidate with the next-higher vote total in the round; or

(b)The candidate has a lower vote total than a candidate described in subparagraph (7)(a).

(8) "Overvote" means a circumstance in which a voter has ranked more than one candidate at the same ranking.

(9) "Ranking" means the number assigned on a ballot by a voter to a candidate to express the voter's preference for that candidate. Ranking number one is the highest ranking, ranking number 2 is the nexthighest ranking and so on.

(10) "Round" means an instance of the sequence of voting tabulation steps established in subsection 2.

(ll)"Skipped ranking" means a circumstance in which a voter has left a ranking blank and ranks a candidate at a subsequent ranking.

(B) Procedures.

(1) Except as provided in subsections (B)(2) and (B)(3), the following procedures are used to determine the winner in an election for an office elected by ranked-choice voting. Tabulation must proceed in rounds. In each round, the number of votes for each continuing candidate must be counted. Each continuing ballot counts as one vote for its highestranked continuing candidate for that round. Exhausted ballots are not counted for any continuing candidate. The round then ends with one of the following 2 potential outcomes.

(a) If there are 2 or fewer continuing candidates, the candidate with the most votes is declared the winner of the election.

(b) If there are more than 2 continuing candidates, the last-place candidate is defeated and a new round begins.

(2) Ties. A tie under this section between candidates for the most votes in the final round or a tie between last-place candidates in any round must be decided by lot, and the candidate chosen by lot is defeated. The result of the tie resolution must be recorded and reused in the event of a recount. Election officials may resolve prospective ties between candidates before the election

(3) Modification of ranked-choice voting ballot and tabulation is permitted in accordance with the following.

(a) The number of allowable rankings may be limited to no fewer than 3.

(b)Two or more candidates may be defeated simultaneously by batch elimination in any round of tabulation.

§ 7. Ballot Access Requirements

(A) Document Requirements

(1) All candidates shall file a political practices pledge, affidavit of eligibility, and notice of candidacy stating the name and title the candidate proposes to appear on the ballot and identifying the elective office sought, including the position number, if any, with the Arkansas Secretary of State.

(2) The documents shall be filed after January 2 and by March 1 in the year of the election. If March 1 falls on a holiday or weekend, these forms are due on the following business day.

(3) When a candidate has identified the position sought on the notice of candidacy, the candidate shall not be allowed to change the position but may withdraw a notice of candidacy and file a new notice of candidacy designating a different position before the deadline for filing.

(B) Petition Signatures Required to Gain Ballot Access

(1) All candidates for federal, state, and county offices in Arkansas shall collect petition signatures to gain ballot access.

(2) The candidate shall state the position sought, including the position number, if any, on his or her petition.

(3) Each elector signing the petition shall be a registered voter.

( 4) A petition shall be on a form prescribed by the Secretary of State that includes without limitation a designated space for:

(a)The signature of the qualified elector;

(b)The printed name of the qualified elector;

(c) The date of the signature of the qualified elector;

(d)The address of the qualified elector.

(5) Each candidate shall collect the equivalent of one percent (1 %) of the electors of the district they wish to represent or the number specified below, whichever is the lesser.

(6) In determining the number of qualified electors in any county, township, or district or in the state, the total number of votes cast therein for all candidates in the preceding general election for the office of Governor shall be conclusive of the number of qualified electors therein for the purposes of this section.

(7) In no event shall more than three hundred (300) signatures be required for an AR House, district, county, or township office.

(8) In no event shall more than one thousand (1,000) signatures be required for an AR Senate or U.S. House office.

(9) In no event shall more than five thousand (5,000) signatures be required for a state-wide office.

(10) Petitions may begin to be circulated no earlier than the March filing deadline of the year of the election.

(11) Petitions to qualify candidates are due four months prior to the November election date.

(12) The Secretary of State within forty-five (45) days of the filing of the petition shall:

(a) Determine whether the petition contains the names of a sufficient number of qualified electors; and

(b)Verify the sufficiency of the petition.

(C) Filing Fee

(1) The state of Arkansas shall collect no filing fee nor otherwise charge for running for any public office in Arkansas nor restrict any political party from collecting fees.

§ 8. Ballot Format

(A) Only a candidate's name shall appear on any ballot for public office within the state of Arkansas. This shall include one given name, an initial when applicable, and surname or compounded surname.

(B) No title nor reference to any group shall be permitted on any ballot for public office in the state of Arkansas.

§ 9. Political Parties

(A) Arkansas shall have no law respecting an establishment of or prohibiting the free exercise of any political party.

(B) Primary elections shall be the sole responsibility of each political party.

§ 10. Filling vacancies

(A) Filling vacancies in the Arkansas Executive, the AR Senate, or the AR House due to death, recall, expulsion, or resignation shall be accomplished by special election by the relevant eleC:tors within five months following the date the office is vacated.

(B) The proclamation, ordinance, resolution, order, or other authorized document of the appropriate constituted authority calling a special election or other election to fill a vacancy in an office shall set forth:

1. The date of the election;

2. The deadline for filing as a candidate and the period in which petitions for candidacy IT!ay be circulated;

3. The deadline for filing as a write-in candidate if applicable;

4. The deadline for drawing for ballot position by the county board of election commissioners; and

5. The date the election shall be certified by the county board in each county in which the election takes place and, if applicable, by the Secretary of State.

§ 11. Future Districts for U. s. House

(A) In the event the United States Congress removes the ban on multi-member district, the Arkansas delegation to the U. S. House shall begin to be elected by Multi-Member Proportional Voting.

(B) Arkansas should in such event have one (1) U.S. House District with four ( 4) at-large Representatives.

(C) Should such an event come about and should the allocation of U.S. House members to Arkansas increase to six (6), then the number of Arkansas districts for the U.S. House would increase to two (2) and increase by one district for every three members thereafter.

STATE OF ARKANSAS · STATE OF ARKANSAS ATTORNEY GENERAL LESLIE RUTLEDGE I am writing in response to...

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