Four Issues on November Ballot

On this year’s General Election Ballot there are four Issues requesting amending the Arkansas Constitution. The titles are; “Giving State Senators and Representatives Authority to Call Special Legislative Sessions,” “Requiring 60% Voter Approval for Constitutional Amendments and Citizen-Proposed State Laws,” “Arkansas Religious Freedom Amendment,” and “Arkansas Adult Use Cannabis Amendment.”

The following information is taken from the “2022 Voter Guide Arkansas Ballot Issues” booklet provided by The Public Policy Center at the University of Arkansas System Division of Agriculture. A PDF of the booklet can be found at www.uaex.uada.edu/ballot.

The booklet provides a synopsis of each Issue and the pros and cons being argued by those who support and object to the four Issues. We are providing some of that information here.

Issue Number 1

(Referred to the people by the Arkansas General Assembly)

Title

Giving State Senators and Representatives Authority to Call Special Legislative Sessions

FOR: A FOR vote means you are in favor of changing the Arkansas Constitution to allow state legislators to call themselves into special session and to set the agenda for those sessions.

AGAINST: An AGAINST vote means you are not in favor of changing the Arkansas Constitution to allow state legislators to call themselves into special session and want the power to stay only with the governor.

Where can I find more information?

The complete wording of this amendment can be found at www.uaex.uada.edu/issue1.

What is being proposed?

Arkansas legislators have proposed an amendment to the state constitution that would give them the authority to call special meetings of the legislature (formally called the General Assembly) at any time. Currently, only the governor has that authority.

This proposal would amend Section 5 of Article 5 of the Arkansas Constitution that describes when sessions take place. If approved, this new section would allow legislators to call a special session at any time if:

• The speaker of the House and president of the Senate jointly decide to convene lawmakers; or
• Two-thirds or more of the members of the Arkansas House of Representatives and Senate sign a written proclamation calling for the special session. This would equal signatures from 67 of Arkansas’ 100 representatives and signatures from 24 of the state’s 35 senators.

In both instances, the proclamation must include the purpose for convening the special session. This proposal also would:

• Require lawmakers to create rules for how their special sessions would operate, similar to how they adopt rules and procedures for each general session.
• Put the speaker of the House and president of the Senate in charge of determining the dates of a special session called by themselves or the legislature.
• Allow the legislature, after addressing the topic of the special session, to consider additional bills if there are enough votes to do so. (They currently can do this during special sessions called by the governor.)

What do supporters say?

• The last year has really shown us why this is so necessary and why so many people have signed on, just to be able to give ourselves an option to be what we are supposed to be, which is an equal branch of government.
• If a governor is overstepping his/her bounds with executive action powers, then the ability for the state legislature to call itself into special session would be a stop point to an overzealous Governor.
• We wanted to ensure through SJR10 (Issue 1) that special sessions remain special by requiring a higher threshold to allow the legislature to call itself into special session. We also wanted to ensure that the legislative branch had the ability to call itself into a special session if necessary.
• For me, it’s not a poke in the eye of our current governor, it’s just a way to balance between the executive and the legislative branch.

What do opponents say?

• In Arkansas, our current constitution provides for a part-time legislature that meets in general session once every two years and in fiscal session in the alternating years. I see no need for a change.
• The legislature does enough damage during regular sessions and its perpetual committee meetings. I think leaving to the governor to call a special session is just fine. If the legislature can’t convince the governor of the need for a session then we don’t have to have it – wait til the next regular session.
• This would convert it into really a full-time legislature.
• Arkansas is one of only a few states where the legislature can override the governor’s veto with a simple majority vote. This would continue the path to empowering the legislative branch at the expense of the executive branch. The governor is elected by the entire state. Legislators are elected by individual districts.

Issue Number 2

(Referred to the people by the Arkansas General Assembly)

Title

Requiring 60% Voter Approval for Constitutional Amendments and Citizen-Proposed State Laws

FOR: A FOR vote means you are in favor of changing the Arkansas Constitution to increase the percentage of votes required to pass constitutional amendments and citizen-proposed state laws from a majority of the votes cast on the measure to 60% of the votes cast.

AGAINST: An AGAINST vote means you are not in favor of changing the Arkansas Constitution to increase the percentage of votes required to pass constitutional amendments and citizen-proposed state laws.

Where can I find more information?

The complete wording of this amendment can be found at www.uaex.uada.edu/issue2.

What is being proposed?

Arkansas legislators have proposed a constitutional amendment that would increase the percentage of votes required to pass most statewide ballot issues.

Currently, a majority of votes are required for statewide ballot issues to pass and go into effect. This percentage is frequently described as a “50% plus one vote” or a simple majority.

Issue 2 proposes amending the three sections of the Arkansas Constitution governing ballot issues to require a “super majority” vote in order for constitutional amendments and initiated acts to go into effect. Specifically, Issue 2 proposes:

• Increasing the percent of votes required to pass constitutional amendments proposed by citizen groups from 50% to 60%.
• Increasing the percent of votes required to pass constitutional amendments proposed by the legislature from 50% to 60%.
• Increasing the percent of votes required to pass state laws proposed by citizen groups from 50% to 60%.

Requirements for citizen-sponsored referendums, which ask voters to decide the fate of existing laws, would remain unchanged and be decided by a simple majority of voters.

What do supporters say?

• It’s a much-needed safeguard for our initiative and constitutional amendment process. It is entirely too easy to amend our state constitution. We shouldn’t amend our constitution in some sort of willy-nilly fashion.
• The state’s lenient rules make it vulnerable to big money and out-of-state interests that would want to highjack our process and push their own pet projects and hobby horse issues.
• I don’t view this as a particularly ideological measure. It is designed to simply put some safeguards on our constitutional amendment process.
• That process is fairly easy for big money or out-of-state interests to hijack because all they have to do is spend a large sum of money in a relatively short window of time, and temporarily convince people that something is a good idea. And then viola, it’s in the Constitution forever and ever.

What do opponents say?

• This proposal would create minority rule as 40% of the electorate voting “no” would deny proposed measures.
• Between 2000-2020, there has been 1 initiated amendment that exceeded 60%. There have been 14 referred amendments that exceeded 60%. There were 3 initiated acts that exceeded 60%. The effect of Issue 2 on the peoples’ right to direct democracy is much more severe than that on the general assembly primarily due to the fact that the people have to include a ballot title that accurately summarizes the proposal while the General Assembly does not.
• Acts by the General Assembly only require 50% approval while initiated acts by the people would require 60%, making it more difficult for the people to pass an initiated act than the General Assembly.
• Ballot measures give citizens of our state the power to make laws when politicians fail to do their jobs. Don’t let politicians and special interests change the system that has served Arkansas well for the past 112 years. If they get rid of ballot measures as we know them in Arkansas, it will mean more power for lobbyists, more backroom deals, and less power for voters to decide on the issues that matter most.

Issue Number 3

(Referred to the people by the Arkansas General Assembly)

Title

Arkansas Religious Freedom Amendment

FOR: A FOR vote means you are in favor of adding an amendment to the Arkansas Constitution that prohibits state and local governments from burdening a person’s practice of religion unless there’s a compelling reason to do so.

AGAINST: An AGAINST vote means you are not in favor of adding an amendment to the Arkansas Constitution that would prohibit state and local governments from burdening a person’s practice of religion unless there’s a compelling reason to do so.

Where can I find more information?

The complete wording of this amendment can be found at www.uaex.uada.edu/issue3.

What is being proposed? The proposed amendment would add language to the Arkansas Constitution that:

• Prohibits state and local governments from burdening the practice of religion in Arkansas unless the government shows there’s a compelling reason to do so and acts in the least restrictive way.
• Provides a legal claim in a court or other governmental proceeding for a person to seek relief against the government for imposing on their religious freedom.

The amendment would apply to current and future government laws, rules, regulations, ordinances, administrative provisions and rulings, guidelines and other requirements.

What do supporters say?

• Courts and opinions change over time, so the state should put forth the strongest language possible.
• The First Amendment has not changed, but the way courts interpret it has over the years. The Arkansas Religious Freedom Amendment helps stop courts from reinterpreting and undermining the free exercise of religion in Arkansas.
• SJR14 [Issue 3] would be a barrier to infringements on religious freedom at the local level.
• The proposed amendment would provide a stronger protection for religious freedom because it would only have to be proven that the government was burdening religious liberty, not that it was a substantial burden.
• Measures like SJR 14 [Issue 3] simply help restore protections for the free exercise of religion. It’s just a good amendment that will help ensure that our state constitution protects religious liberty in Arkansas.
• We have executive branches come and executive branches go, and I don’t want an executive branch that changes our law. Governors have really done things to infringe on people’s religious freedoms, and I don’t want that to happen in the future.

What do opponents say?

• This proposal is redundant. We’re doing something that really doesn’t do anything.
• I think it sets us in a weaker position were this to be challenged under the First Amendment.
• Nothing in the amendment explains what remedies are available when one person’s or group’s religious liberties adversely impact the rights and liberties of other groups or people. On the contrary, this amendment sets up the potential for abuse of other people by persons claiming “free expression” or “free exercise” of religion.
• Despite public claims by its supporters that this amendment will safeguard religion from government, it does not safeguard government from religion. It will allow religion to burden the government and it implicitly demands that the government allow that to happen.
• The amendment does not permit the government to burden anyone’s religious practice for any reason, which is extremely short-sighted in cases of public health, security, order, and the protection of other rights and liberties of people in society.
• Despite public claims by its proponents that this amendment will strengthen the free expression of religion, the language of this amendment is vague and overbroad, with little guidance for how it is to be interpreted.

Issue Number 4

(Referred to the people by Responsible Growth Arkansas)

Title

Arkansas Adult Use Cannabis Amendment

FOR: A FOR vote means you are in favor of changing the Arkansas Constitution to authorize the growing and selling of marijuana for non-medical purposes; giving existing medical marijuana growers and sellers licenses to grow and sell adult use or non-medical marijuana; authorizing 12 additional cultivation licenses and 40 dispensary licenses for adult use marijuana; eliminating an existing sales tax on medical marijuana and introducing a sales tax on adult use marijuana; eliminating a cap on how much THC can be in medical marijuana-infused drinks and food portions; making clear that lawmakers have no authority to change the amendment without another vote of the people; and changing rules for businesses licensed to grow and sell marijuana in Arkansas.

AGAINST: An AGAINST vote means you are not in favor of changing the Arkansas Constitution to authorize the growing and selling of marijuana for adult use or non-medical purposes, or changing the related rules and regulations currently in place. Medical marijuana would continue to be legal as specified under state law.

Where can I find more information?

The complete wording of this amendment can be found at www.uaex.uada.edu/issue4.

What is being proposed? This citizen-proposed amendment asks voters to change the Arkansas Constitution to allow and regulate cannabis, also referred to as marijuana, for non-medical purposes. The proposal also would make numerous changes to add, alter or remove parts of Amendment 98, currently known as the Arkansas Medical Marijuana Amendment of 2016.

Note: The proposed amendment uses the term “adult use cannabis” to differentiate it from marijuana used for medical purposes. This voter guide uses “non-medical marijuana” interchangeably with “adult use cannabis,” which is also known as “recreational marijuana.”

For people 21 and older buying marijuana, this amendment would:

• Make the possession of one ounce of marijuana for non-medical personal use legal under Arkansas state law for adults, while recognizing the drug remains illegal under federal law.
• Allow medical marijuana cardholders to purchase non-medical marijuana without that amount counting toward how much they can purchase for medical purposes.

What do supporters say?

• This initiative reduces healthcare costs by removing taxes from medical cannabis sold to qualified patients, and replacing it with taxes on adult use.
• Ensures that one mistake will not last a lifetime by reforming our state’s existing laws on the possession of small amounts of cannabis for personal use.
• Extends the medical marijuana program into a new adult use industry, with 12 new “craft” cultivation licenses issued via a lottery, which are authorized to grow up to 250 mature plants.
• People … want this, and we want to be able to provide this to Arkansans in a responsible way. That’s, I think, one of the biggest distinctions between what we’re trying to do and some of the other efforts. We understand that it needs to be regulated. For those folks who are not necessarily supporters of this, we want them to know that we’re going to do this in a responsible way. We’re going to limit the number of stores. It’s not going to be on every corner. There’s not a home grow component. It’s going to be controlled, be able to be taxed and the quality and the quantities are going to be controlled to some degree.
• This is something that is coming our way. We can either be a part of it, or we’re going to lose out to some of our neighboring states in jobs and tax revenue for the state.
• Regardless of what one thinks personally about the prospect of legal recreational marijuana, the revenue created by this ballot initiative would support general fund investments that can unlock the potential of Arkansas – in areas like education starting with preschool, infrastructure starting with broadband, and economic development starting with jobs – while supporting the state drug court program, UAMS, and law enforcement.
• Don’t listen to the people saying we should vote no because the amendment isn’t good enough. The Republicans in charge of the state will never allow an amendment that has things like amnesty for people already in jail for weed, home growing, or protection for workers who smoke. I would love to see these things happen but I’m realistic enough to see it will never happen while Arkansas is controlled by our current lot of Republicans.
• To get that many signatures from Arkansans it can’t be all Democrats, or all Republicans, or all Independents. You need a large swath of Arkansans to get that many signatures. The people want to vote on this and make this decision themselves.
• Enables law enforcement to maintain control of the black market by keeping cannabis out of the hands of minors and unauthorized growers.
• Provides regulatory oversight to keep children safe by limiting the number of licensed businesses and keeping unregulated homegrown cannabis out of our neighborhoods.

What do opponents say?

• Issue 4 will expand illegal drug use in our communities by authorizing the sale and use of drugs that are still 100% illegal under federal law.
• The proposal is too favorable to the industry rather than to the patients and consumers. The proposal will kill the medical program because cultivators and dispensaries will not provide a wide variety of strains that can help ease patients’ medical problems. Producers will be incentivized to cater to the recreational consumers and simply grow the strains that have the highest concentrations of THC, the main psychoactive compound in cannabis.
• The only dispensaries that will be able to sell medical are the original 40. The 40 original dispensaries will automatically receive a second license (for rec only). This leaves patients that are having to travel up to two hours to get their medicine will continue to have to drive excess of two hours. That leaves only 40 more dispensaries open for licensing. That is a small number to create competition. Not only that, but you may own up to 18 dispensaries, which would stop any competition.
• There is no provisions for expungement on criminal records, so those that have had their lives destroyed by sometimes as little as a joint, continue to have their lives destroyed while these conglomerates rake in MILLIONS of dollars.
• Giving 10% to police (while I DO support the police) sort of sounds like they are trying to BUY the police hoping a blind eye will be held for illegal dealing that may be in play.
• Issue 4 doesn’t just legalize marijuana. It legalizes any drug or chemical extract or derivative that can ever be manufactured from the marijuana plant. It’s impossible to say just how far that will go.
• Issue 4 legalizes marijuana in Arkansas, and it prevents lawmakers from enacting reasonable regulations on the marijuana industry.
• The amendment makes sweeping changes to the Arkansas Constitution. It repeals and rewrites some parts of the constitution, and it adds new language to other parts. It is almost impossible to know how far some of these changes go.
• Every drug dog within the State of Arkansas would have to be de-certified and replaced with one that does not include marijuana as a detectable substance. That alone would open the door for a mass influx of other controlled substances, such as methamphetamine, cocaine, fentanyl, heroin, among others, into the state, if the amendment is enacted, and before the State can fund and train a whole new set of dogs for every location where a drug dog is currently in use in the State of Arkansas.
• Unlike other states the Arkansas law does not exempt hemp from the definition of Cannabis sativa. The Arkansas law would do away with the existing hemp laws in Arkansas and require that all hemp and hemp products be grown and sold only though (sic) the licensed cultivators and dispensaries.

Early voting is underway and Election Day is November 8. VOTE!