Supporters of a proposed amendment to bolster direct democracy in Arkansas have filed a lawsuit with the state’s Supreme Court, urging it to overturn the Secretary of State’s decision to reject petitions for the measure. The proposal, aimed at preventing lawmakers from altering voter-approved constitutional amendments and requiring public approval for laws affecting this process, seeks to appear on the November ballot.
In their complaint, filed Wednesday, petitioners argue that Secretary of State Cole Jester’s decision violates their constitutional rights. Jester, a Republican, rejected the petitions last week because the 19,924 pages submitted had an incorrect ballot name. According to Jester, the name circulating on the petitions—"The Ballot Measure Rights Amendment of 2026"—did not match the official certified name approved last year by Attorney General Tim Griffin, "The Arkansas Ballot Measure Rights Amendment."
Alexander Jones, an attorney for the petitioners, stated, “We’re asking the Arkansas Supreme Court to let the voters decide this ballot measure, not Secretary Jester.” The petitioners argue in their lawsuit that the naming discrepancy caused no material confusion among voters or those who signed the petitions.
Protect AR Rights, the ballot question committee sponsoring the amendment, submitted the petitions on the July 3 deadline. State law requires a minimum of 90,704 valid signatures from registered voters for such measures, and the committee reported submitting 95,111 signatures. The petitioners also assert that under a 2025 bipartisan law, the secretary of state cannot invalidate petitions due to a "failure of form." Despite this, Jester’s office immediately flagged the discrepancy and declined to verify the signatures. The petitioners claim this rejection stifled their ability to amend the state’s constitution.
Attorney General Tim Griffin’s office, which is representing Jester in the case, defended the rejection as lawful and proper. Spokesperson Jeff LeMaster stated Wednesday that Jester acted in accordance with Arkansas law, while Jester’s office emphasized its commitment to election integrity.
The petitioners have asked the state’s highest court to direct Jester’s office to verify the signatures and, if necessary, allow a 30-day "cure period" to address any issues. Such a cure period is permissible under law if valid signatures in the initial submission meet at least 75% of the required threshold statewide and in at least 15 counties.
This case marks the second time in two years that advocates for a constitutional amendment have called on the state Supreme Court to overrule a secretary of state’s rejection of petition signatures. In 2024, the court upheld the rejection of petitions for an abortion rights ballot initiative.
The Arkansas Supreme Court is officially nonpartisan, though Republican-linked justices currently hold five of its seven seats. A decision in this latest case could have significant implications for how future ballot initiatives are handled under Arkansas law.