Did the Arkansas AG approve the ballot title for four-year terms for county officials?

Arkansas AG Opinion 2013-110: Four-Year County Terms

Plain-English summary

Opinion 2013-110 approved a popular name and ballot title for a proposed Arkansas constitutional amendment changing specified county offices and constables from two-year to four-year terms, but the AG replaced the sponsor's short wording with a more complete version.

"Applying the above precepts, it is my conclusion that a more suitable, complete, and correct popular name and ballot title should be substituted for those you have proposed."
Source: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

The certified ballot title listed the affected offices and stated that the change would begin with officials sworn in after December 31, 2014.

"A constitutional amendment changing the term of office for County Judge, Justice of the Peace, County Sheriff, County Collector, County Treasurer, County Assessor, Circuit Clerk, County Clerk, County Coroner, County Surveyor, and Constable from the current two (2) years to four (4) years; commencing with any such official sworn in after December 31, 2014."
Source: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Currency note

This opinion was issued in 2013. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Did the AG approve the sponsor's exact wording?

No. The AG substituted a more complete popular name and ballot title so the two would accurately state the proposal's purpose when read together.

"The following are hereby certified in order to insure that, when construed together, the popular name and ballot title accurately set forth the purpose of the proposed amendment."
Source: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Which offices did the certified title cover?

It named county judge, justice of the peace, sheriff, collector, treasurer, assessor, circuit clerk, county clerk, coroner, surveyor, and constable.

"County Judge, Justice of the Peace, County Sheriff, County Collector, County Treasurer, County Assessor, Circuit Clerk, County Clerk, County Coroner, County Surveyor, and Constable"
Source: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

When would the proposed four-year terms have started?

The certified title said the change would apply to an affected official sworn in after December 31, 2014.

"commencing with any such official sworn in after December 31, 2014."
Source: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Did certification mean the AG endorsed the amendment?

No. The opinion expressly separated ballot-title review from the merits of the proposal.

"Neither certification nor rejection of a popular name and ballot title reflects my view of the merits of the proposal. This Office has been given no authority to consider the merits of any measure."
Source: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

What instructions had to accompany the petition?

The opinion said canvasser and signer instructions required by A.C.A. § 7-9-108 had to precede every petition before circulation.

"Pursuant to A.C.A. § 7-9-108, instructions to canvassers and signers must precede every petition, informing them of the privileges granted by the Constitution and of the penalties imposed for violations of this act."
Source: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Background and statutory framework

The sponsor had submitted a similar measure before. Opinion 2013-110 recorded that the earlier version was rejected for ambiguities and that the sponsor revised the proposal before resubmitting it.

"You have previously submitted a similar measure, which this office rejected due to ambiguities in the text of your proposed amendment. See Op. Att’y Gen. No. 2013-087. You have made changes to your proposal since your last submission."
Source: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

A.C.A. § 7-9-107 required pre-circulation review of popular names and ballot titles. The opinion described the ballot title's job as giving voters a fair understanding while remaining concise.

"The ballot title must include an impartial summary of the proposed amendment or act that will give the voter a fair understanding of the issues presented."
Source: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

"At the same time, however, a ballot title must be brief and concise (see A.C.A. § 7-9-107(b))."
Source: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Holding

The AG certified substituted language that described the affected offices, the proposed two-to-four-year term change, and its start date.

"FOUR YEAR TERMS OF OFFICE FOR ELECTED COUNTY OFFICIALS, JUSTICES OF THE PEACE, AND CONSTABLES"
Source: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Citations and references

Statutes discussed by Opinion 2013-110:

• "A.C.A. § 7-9-107" Official opinions search
• "A.C.A. § 7-9-107(b)" Official opinions search
• "A.C.A. § 7-5-522" Official opinions search
• "A.C.A. § 7-9-108" Official opinions search

Cases cited by Opinion 2013-110:

• "May v. Daniels, 359 Ark. 100, 105, 194 S.W.3d 771, 776 (2004)" Official opinions search
• "Bailey v. McCuen, 318 Ark. 277, 285, 884 S.W.2d 938, 942 (1994)" Official opinions search
• "Christian Civic Action Committee v. McCuen, 318 Ark. 241, 245, 884 S.W.2d 605, 607 (1994)" Official opinions search

Source

• Landing page: https://arkansasag.gov/divisions/opinions-foia/attorney-general-opinions-search/

Original opinion text

STATE OF ARKANSAS

Tue ATTORNEY GENERAL
DusTIn McCDANIEL

Opinion No, 2013-110

September 16, 2013

David E. Dinwiddie
8608 Princeton Pike
Pine Bluff, Arkansas 71602

Dear Mr. Dinwiddie:

This is in response to your request for certification, pursuant to A.C.A. § 7-9-107
(Repl. 2011), of the popular name and ballot title for a proposed constitutional
amendment. You have previously submitted a similar measure, which this office
rejected due to ambiguities in the text of your proposed amendment. See Op.
Att’y Gen. No. 2013-087. You have made changes to your proposal since your
last submission and have now submitted the following proposed popular name and
ballot title for my certification:

Popular Name

PROPOSED CONSTITUTIONAL AMENDMENT TO EXTEND THE TERMS OF ELECTED
COUNTY OFFICIALS AND CONSTABLES FROM TWO YEARS TO FOUR YEARS

Ballot Title

Proposed constitutional amendment to extend the terms of elected
county officials and constables from two years to four years

The Attorney General is required, pursuant to A.C.A. § 7-9-107, to certify the
popular name and ballot title of all proposed initiative and referendum acts or
amendments before the petitions are circulated for signature. The law provides that
the Attorney General may substitute and certify a more suitable and correct
popular name and ballot title, if he can do so, or if the proposed popular name and
ballot title are sufficiently misleading, may reject the entire petition. Neither
certification nor rejection of a popular name and ballot title reflects my view

323 CENTER STREET, SUITE 200 * LiTTLE Rock, ARKANSAS 72201
TELEPHONE (501) 682-2007 * Fax (501) 682-8084
INTERNET WEBSITE ° http://www.ag.state.ar.us/

David E. Dinwiddie
Opinion No. 2013-110
Page 2

of the merits of the proposal. This Office has been given no authority to
consider the merits of any measure.

In this regard, A.C.A. § 7-9-107 neither requires nor authorizes this office to make
legal determinations concerning the merits of the act or amendment, or concerning
the likelihood that it will accomplish its stated objective. In addition, consistent
with Arkansas Supreme Court precedent, unless the measure is “clearly contrary to
law,” this office will not require that a measure’s proponents acknowledge in the
ballot title any possible constitutional infirmities. As part of my review, however,
I may address constitutional concerns for consideration by the measure’s
proponents.

Consequently, this review has been limited primarily to a determination, pursuant
to the guidelines that have been set forth by the Arkansas Supreme Court,
discussed below, of whether the popular name and ballot title you have submitted
accurately and impartially summarize the provisions of your proposed amendment.

The purpose of my review and certification is to ensure that the popular
name and ballot title honestly, intelligibly, and fairly set forth the purpose of
the proposed amendment or act.

The popular name is primarily a useful legislative device. It need not contain
detailed information or include exceptions that might be required of a ballot title,
but it must not be misleading or give partisan coloring to the merit of the
proposal.’ The popular name is to be considered together with the ballot title in
determining the ballot title’s sufficiency.”

The ballot title must include an impartial summary of the proposed amendment or
act that will give the voter a fair understanding of the issues presented.° According

' See Kurrus v. Priest, 342 Ark. 434, 445, 29 S.W.3d 669, 675 (2000); Donovan v. Priest, 326 Ark. 353,
359, 931 S.W.2d 119, 121 (1996); Plugge v. MceCuen, 310 Ark. 654, 841 S.W.2d 139 (1992).

• See Arkansas Women’s Political Caucus v. Riviere, 283 Ark. 463, 466, 677 S.W.2d 846 (1984).

  Pafford v. Hall, 217 Ark. 734, 739, 233 S.W.2d 72, 75 (1950).

4 E.g., Chaney vy. Bryant, 259 Ark. 294, 297, 532 S.W.2d 741, 743 (1976). ; Moore v. Hall, 229
Ark, 411, 316 S.W.2d 207 (1958).

° May v. Daniels, 359 Ark. 100, 105, 194 S.W.3d 771, 776 (2004).

° Becker v. Riviere, 270 Ark. 219, 226, 604 S.W.2d 555, 558 (1980).

David E. Dinwiddie
Opinion No. 2013-110
Page 3

to the court, if information omitted from the ballot title is an “essential fact which
would give the voter serious ground for reflection, it must be disclosed.”’ At the
same time, however, a ballot title must be brief and concise (see A.C.A. § 7-9-
107(b)); otherwise voters could run afoul of A.C.A. § 7-5-522’s five minute limit
in voting booths when other voters are waiting in line.® The ballot title is not
required to be perfect, nor is it reasonable to expect the title to cover or anticipate
every possible legal argument the proposed measure might evoke.’ The title,
however, must be free from any misleading tendency, whether by amplification,
omission, or fallacy; it must not be tinged with partisan coloring.’ A ballot title
must convey an intelligible idea of the scope and significance of a proposed
change in the law.'! The ballot title must be intelligible, honest, and impartial.’

Applying the above precepts, it is my conclusion that a more suitable, complete,
and correct popular name and ballot title should be substituted for those you have
proposed. The following are hereby certified in order to insure that, when
construed together, the popular name and ballot title accurately set forth the
purpose of the proposed amendment:

Popular Name

FOUR YEAR TERMS OF OFFICE FOR ELECTED COUNTY OFFICIALS,
JUSTICES OF THE PEACE, AND CONSTABLES

Ballot Title

A constitutional amendment changing the term of office for County
Judge, Justice of the Peace, County Sheriff, County Collector,
County Treasurer, County Assessor, Circuit Clerk, County Clerk,

” Bailey v. McCuen, 318 Ark. 277, 285, 884 S.W.2d 938, 942 (1994).

• Id. at 288, 884 S.W.2d at 944.

• Id, 293, 884 S.W.2d at 946-47.

' Id, at 284, 884 S.W.2d at 942.

"| Christian Civic Action Committee v. McCuen, 318 Ark. 241, 245, 884 S.W.2d 605, 607 (1994)
(internal quotations omitted).

"2 Becker v. McCuen, 303 Ark. 482, 489, 798 S.W.2d 71, 74 (1990).

David E. Dinwiddie
Opinion No. 2013-110
Page 4

County Coroner, County Surveyor, and Constable from the current
two (2) years to four (4) years; commencing with any such official
sworn in after December 31, 2014.

Pursuant to A.C.A. § 7-9-108, instructions to canvassers and signers must precede
every petition, informing them of the privileges granted by the Constitution and of
the penalties imposed for violations of this act. Enclosed herewith, over the
signature of the Attorney General, are instructions that should be incorporated in
your petition prior to circulation.

Sincerely,

be ,
USTIN MCIJANIEL

Attorney General

DM/cyh

Enclosures

INSTRUCTIONS TO CANVASSERS AND SIGNERS

1. Amendment No. 7 to the Arkansas Constitution gives to the people of the State of
   Arkansas the power to propose legislation or constitutional amendments by initiative
   petition, and to order the referendum against any general act or any item of an
   appropriation bill, or measure passed by the General Assembly. The petition must be
   signed by eight percent (8%) of the legal voters in the case of proposed legislation, ten
   percent (10%) in the case of proposed constitutional amendments, and six percent (6%) in
   the case of a referendum. The proposed legislation or constitutional amendment must be
   submitted to the registered voters of the State at a regular election; referendum petitions
   may be referred to the people at special elections when fifteen percent (15%) of the
   registered voters petition for such special election. Any measure submitted to the people
   shall take effect and become a law when approved by a majority of the votes cast upon
   such measure.

2. Only registered voters may sign. Printed names, dates of birth, residences, cities or
   towns of residences, and date of signing must be given as an aid to verification. The
   petition should contain only the signatures of voters residing in a single county.

3. All signatures must be in the signers’ own handwriting in the presence of the
   persons circulating the petition. If a petition signer requires assistance due to disability,
   another person may provide the signer’s information and that person shall sign and print
   their name in the margin of the petition.

4. Do not attach additional sheets to this petition unless such sheets contain the full
   language of the petition. Place as many names as possible on each petition. No additional
   signatures may be obtained after a petition has been filed until the Secretary of State
   determines the sufficiency of the petition.

5. TO KNOWINGLY SIGN ANY NAME OTHER THAN YOUR OWN, TO
   KNOWINGLY SIGN YOUR NAME MORE THAN ONCE TO ANY PETITION, TO
   KNOWINGLY SIGN YOUR NAME WHEN YOU ARE NOT LEGALLY ENTITLED
   TO SIGN IT, TO KNOWINGLY PAY A PERSON ANY FORM OF COMPENSATION
   IN EXCHANGE FOR SIGNING A PETITION AS A PETITIONER, TO ACCEPT
   MONEY FOR OBTAINING SIGNATURES KNOWING THAT YOU ARE NOT
   INCLUDED ON THE SPONSOR’S LIST OF PAID CANVASSERS ON FILE WITH
   THE SECRETARY OF STATE, TO KNOWINGLY AND FALSELY MISREPRESENT
   THE PURPOSE AND EFFECT OF THIS PETITION FOR THE PURPOSE OF
   CAUSING ANYONE TO SIGN IT, OR TO KNOWINGLY MAKE A FALSE
   STATEMENT ON A PETITION VERIFICATION FORM SHALL CONSTITUTE A
   CLASS “A” MISDEMEANOR AND SUBJECT THE OFFENDER TO A FINE OF UP
   TO $1,000.00 AND IMPRISONMENT FOR UP TO ONE (1) YEAR.

The Attorney General is by law required to certify the sufficiency of the popular name
and ballot title of all initiative or referendum petitions. This certification does not
necessarily indicate the approval or disapproval of the contents thereof.

DUSTIN McDANIEL
Attorney General of the State of Arkansas

Attorney General of Arkansas AO 3 - 110

Attn: Opinions AUG 30 2013

323 Center Street, Suite 200 ORNEY GENERAL
R

Little Rock, Arkansas 72201 an ARKANSAS

To: Honorable Dustin McDaniel, Attorney General of Arkansas
From: David E. Dinwiddie, Pine Bluff
Subj: Resubmitted Proposed Constitutional Amendment

Date: Aug 28, 2013

Proposed Popular Name: Proposed Constitutional Amendment to Extend the
terms of Elected County Officials and Constables from Two Years to Four Years.

Ballot Title: Proposed Constitutional Amendment to Extend the terms of Elected
County Officials and Constables from Two Years to Four Years.

Proposed Amendment:

The Terms of office are extended from two (2) years to four (4) years for the
offices of County Judge, Justice of the Peace, County Sheriff, County Collector,
County Treasurer, County Assessor, Circuit Clerk, County Clerk, County Coroner,
County Surveyor, and Constable, commencing with any aforementioned official
sworn in after December 31, 2014.

; y
Respectfully submites( 1) Jy) as A

David E. Dinwiddie, Pine Bluff

Contact Info: David E. Dinwiddie. 8608 Princeton Pike. Pine Bluff, AR 71602

mobile 870-267-3182 or e-mail: mr_dinwiddie @ yahoo. com