The Arkansas State Legislature gave final approval to two constitutional amendments on April 22, 2021, sending them to the November 2022 ballot.
One of the amendments would require 60% supermajority voter approval to ratify constitutional amendments (legislatively referred and citizen-initiated) and citizen-initiated state statutes.
Constitutional amendments require approval by voters in a statewide election to become a part of the state’s constitution except in Delaware. As of 2021, 38 states required a simple majority vote (50%+1) for a proposed constitutional amendment to be adopted. In 11 states, voters must approve a proposed constitutional amendment by more than a simple majority or by some rule that combines different criteria. Two other states— Florida and Illinois— require a three-fifths (60%) vote of approval for constitutional amendments.
Currently, none of the 26 states with a process for citizen-initiated ballot measures require a supermajority vote of approval to adopt them. However, three states (Florida, Utah, and Washington) have a supermajority requirement for certain initiatives dealing with specified topics.
As of April 17, 2021, Ballotpedia had tracked 124 legislative proposals concerning ballot initiatives, veto referendums, referrals, local ballot measures, and recall in 34 states in 2021 legislative sessions. At least 14 had been approved. Legislation to enact or increase supermajority requirements for ballot measures was introduced in 2021 sessions in at least seven states: Arizona, Arkansas, Florida, Missouri, North Dakota, Oklahoma, and South Dakota.
Arkansas, Florida, Idaho, South Dakota, and Utah legislators have passed restrictions on ballot measure processes in 2021.
The South Dakota State Legislature referred a constitutional amendment to the state’s 2022 ballot that would require a three-fifths (60%) supermajority vote for the approval of ballot measures that would increase taxes or fees or that would require the state to appropriate $10 million or more in the first five fiscal years.
The other amendment the Arkansas Legislature referred to the ballot would allow the state legislature to call itself into special sessions upon (a) a joint proclamation from the Speaker of the House and the Senate President Pro Tempore or (b) upon a proclamation signed by two-thirds of the members in each chamber. Arkansas is one of 14 states where only the governor can call a special session.
The Arkansas Legislature is able to refer up to three constitutional amendments to the ballot for each general election. As of April 24, 2021, one other constitutional amendment (SJR 14) has passed one chamber. It would prohibit government from burdening the freedom of religion except under certain circumstances. Upon passage by the House, it would be referred to the 2022 ballot.