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![handle is hein.sag/sagar0085 and id is 1 raw text is: THE ATTORNEY GENERAL
STATE OF ARKANSAS
MIKE BEEBE
Opinion No. 2003-207
July 21, 2003
Mr. Henry Richards
206 Highway 285
Greenbrier, AR 72058
Dear Mr. Richards:
This is in response to your request, pursuant to A.C.A. § 7-9-107 (Repl. 2000), for
certification of a popular name and ballot title for a constitutional amendment.
You have previously made two similar submissions, which this Office rejected due
to ambiguities. Ops. Att'y Gen. 2003-160 and 2003-127.
I cannot issue a certification at this time because of my uncertainty regarding a
proposed ballot title for your measure. The material you have submitted makes no
distinction between the text and a ballot title for your constitutional amendment.
Although the term Ballot Title appears on the first page, it is followed by what
appears to be the text of the measure. It thus seems that you have not complied
with A.C.A. § 7-9-107 (a), which requires you to submit to my office the original
draft (text) of the measure and a proposed ballot title and popular name that
summarize the proposal. The ballot title and popular name must be submitted
specifically with no confusion or uncertainty about what is designated as the ballot
title. See Washburn v. Hall, 225 Ark. 868, 286 S.W.2d 494 (1956). The Arkansas
Supreme Court has upheld this requirement based on the great power that may be
exercised by a small percent of the electorate in initiating a law pursuant to
Amendment 7 to the Arkansas Constitution. As stated in Washburn, supra:
'It appears, therefore, that a very small per cent of our population
may, at each general election, assemble the electorate into both a
general assembly and a constitutional convention. The law must,
therefore, be, and is, that if a power so great may be exercised by a
number so small, a substantial compliance with the provisions of the
Constitution conferring these powers should be required.' [Quoting
Sturdy v. Hall, 201 Ark..38, 143 S.W.2d 547.] And it might be
323 CENTR STREL-r, Surr 1100 * LrrrLE Rocm, ARKANSA 72201
TELEPHONE (501) 682-2007 * Fux (501) 682-8084
NTERNtr WEBSITE * http://www.ag.state.ar.us .](ViewImageLocal?handle=hein.sag/sagar0085&div=1&collection=&method=preview&ext=.png&size=3)