Ranked-choice voting and redistricting commission initiatives provisionally certified for Arkansas ballot

Two Arkansas citizen-initiated measures—one that would establish ranked-choice voting and another that would establish a redistricting commission—were provisionally certified for the ballot on August 21, 2020. Whether or not votes will be counted for the measures is a question pending before the Arkansas Supreme Court.

Sponsored by Open Primaries Arkansas, the ranked-choice voting measure would (a) change primary elections so that all candidates for an office are listed on a single primary ballot, rather than on separate partisan ballots, and (b) create a top-four ranked-choice voting system for general elections for federal congressional office, state general assembly, and statewide elected offices, including Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, Attorney General, and Commissioner of State Lands.

The redistricting measure, sponsored by Arkansas Voters First, would create the Citizens’ Redistricting Commission for state legislative and congressional redistricting. The commission would be comprised of nine commissioners who are registered Arkansas voters and would replace the Board of Apportionment, which is currently responsible for state legislative redistricting in Arkansas. The current Board of Apportionment is comprised of the governor, the secretary of state, and the attorney general. Currently, in Arkansas, the state legislature is responsible for federal congressional redistricting. The measure would also establish criteria for drawing district maps. All meetings of the commission would be publicized and open to the public.

The campaigns each submitted around 100,000 signatures on July 6. To qualify for the ballot, 89,151 valid signatures are required.

Secretary of State John Thurston (R) found on July 14 that signatures for the initiatives were insufficient on the grounds that petition circulators’ background check certifications did not comply with state law.

Under Arkansas Code § 7-9-601(b)(3), sponsors are required to certify to the Secretary of State that each paid canvasser passed a state and federal criminal background check. Arkansas Voters First and Open Primaries Arkansas campaigns submitted certifications stating that the background checks were acquired but did not say they were passed. The statements of insufficiency for the two measures came a day after Special Master Mark Hewett determined signatures submitted on January 31 for an optometry law referendum were invalid for the same reason. Hewett’s report was filed with Arkansas Supreme Court for a final determination.

The campaigns asked the state Supreme Court on July 17 to order Secretary of State John Thurston to give the campaigns at least 30 days to collect additional signatures. In Arkansas, if petitioners fail to meet the signature requirement, but the petitioners have gathered at least 75% of the valid signatures needed, petitioners have 30 days to collect additional signatures or demonstrate that rejected signatures are valid. The campaigns were granted a provisional 30-day cure period. Arkansas Voters First reported submitting an additional 50,000 signatures on August 5. Open Primaries Arkansas reported submitting an additional 59,000 signatures on August 20.

Retired Circuit Judge John Fogleman was appointed by the Arkansas Supreme Court on July 24 as a special master to resolve the disputes between Arkansas Voters First, Open Primaries Arkansas, and the secretary of state concerning petition circulator background check certifications and signature validity. Fogleman’s report was submitted to the state Supreme Court on August 10, 2020. Fogleman concluded that the Supreme Court must decide whether or not the campaigns’ background check certifications comply with Arkansas Code § 7-9-601(b)(3).

On August 21, Secretary of State John Thurston certified both measures for the ballot “for coding purposes and preparation purposes only, pending the outcome of the litigation.” Under Arkansas Code § 7-5-204, if the secretary of state has not determined a petition’s sufficiency by the 75th day before the general election or if a measure is being challenged in court, the measure must be placed on the ballot. If the measure is later declared insufficient or invalid, votes for the measure will not be counted or certified.

Two measures on the 2018 ballot in Arkansas were declared invalid by the state Supreme Court and votes for the measures were not counted. Similarly, in 2016, the supreme court declared two measures on the ballot to be invalid and votes were not counted.




About the author

Jackie Mitchell

Jackie Mitchell is a state ballot measures staff writer at Ballotpedia. Contact us at editor@ballotpedia.org.

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