The Arkansas House on Feb. 10 passed House Bill 12 22, which amends the state ballot-title review process to permit the attorney general to reject proposed ballot titles that conflict with the U.S. Constitution or federal statutes and to bar simultaneous submission of multiple conflicting petitions for review.

Representative Ray, sponsor of the bill, said the current review standard — rejection only for legal insufficiency — does not allow the attorney general to screen measures that are likely unconstitutional and could later be struck down, wasting sponsors’ resources and confusing voters. Ray cited a 1996 campaign finance initiated act that voters approved but that courts later found largely unconstitutional as an example of the problem his bill intends to avoid.

Opponents, led on the floor by Representative Clowney, said the change hands significant interpretive power to the attorney general, a member of the executive branch, and expressed concern about separation-of-powers implications and potential delay from appeals of AG determinations. Clowney also warned the bill’s definition of “conflicting” petitions — covering measures that address the same subject matter, the same general purpose and have different language — could be read broadly and impede multiple legitimate citizen-initiative approaches on the same topic.

Supporters disputed those concerns on the floor. Ray argued the AG already interprets law in the statutory legal-sufficiency review and that front-loading constitutional review would prevent resources and time from being spent on measures likely unenforceable. He noted the current 10-day statutory deadline for AG ballots remains unchanged; sponsors said that timeline preserves an expedited review.

On final passage the House recorded 62 yeas, 30 nays and 4 present. Supporters said the change will reduce the likelihood of voters approving measures that the courts will later invalidate; opponents said judicial review remains available by appeal and warned of potential administrative burdens.