The Arkansas Supreme Court has dismissed a lawsuit challenging the secretary of state’s decision to disqualify a ballot measure aimed at restricting legislative power over voter-approved constitutional amendments. The court’s decision, issued Wednesday, blocks the proposal from appearing on the November ballot.
The lawsuit stemmed from the rejection of petition signatures submitted by Protect AR Rights, a group sponsoring the proposed amendment. Earlier this month, the group sued after Secretary of State Cole Jester invalidated thousands of signatures, citing an incorrect ballot name on nearly 20,000 petition pages. Arkansas officials argued the dismissal was justified based on legal precedent prohibiting the counting of signatures under such circumstances.
The Supreme Court’s one-page order provided no additional explanation for the ruling. However, its impact upholds Jester’s decision to remove the measure. Jester, appointed by Republican Governor Sarah Huckabee Sanders, welcomed the outcome, stating, "The rule of law is foundational in this country. As a constitutional lawyer and as the Secretary of State, I fight every day to make sure the law is followed as written."
Protect AR Rights criticized the disqualification process and expressed disappointment over the handling of its 108,000 submitted signatures. In a statement, the group argued that Wednesday’s ruling highlights the need for reforms to protect the citizen initiative process. "The ballot measure process has never faced a greater threat than it does now," the organization said. "Subject to the whims of politicians and power-hungry officials, the constitutional rights of every Arkansan remain at risk."
The organization’s proposed amendment sought to bar lawmakers from amending or repealing constitutional measures approved by voters, aiming to safeguard direct democracy in Arkansas. With the Supreme Court’s decision, the issue is effectively removed from this election cycle.
The dismissal occurred hours after Governor Sanders appointed Cory Cox as a special justice to the Arkansas Supreme Court. Cox temporarily replaces Justice Barbara Webb, who is recovering from a head injury sustained in May. Despite the state Supreme Court’s nonpartisan status, its makeup currently includes a Republican-leaning 5-2 majority, including Webb.
Wednesday’s decision follows similar court rulings, including one in 2021 upholding the rejection of petitions supporting an abortion rights measure. As a result, the only constitutional amendments on the November ballot will be three referred by the state legislature. Additionally, voters will decide on a $500 million bond proposal for water infrastructure projects.
According to Protect AR Rights, their broader campaign to fortify the citizen initiative process will continue. "This decision closes the legal path for placing the amendment on the November ballot, but it does not end the broader fight to protect Arkansas’s citizen initiative process," the group stated. "This work must continue if we believe Regnat Populus [the people rule]."