What did the Arkansas minimum wage increase ballot initiative actually propose, and why was it certified without changes?

Currency note

This opinion was issued in 2014 (dated January 3, 2014). 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.

Plain-English summary

Stephen Copley, chairman of the ballot committee "Give Arkansas A Raise Now," submitted a popular name ("An Act to Increase the Arkansas Minimum Wage") and ballot title for a citizen-initiated act that would amend Arkansas Code § 11-4-210(a) to phase in a higher state minimum wage: from $6.25 to $7.50 per hour on January 1, 2015, to $8.00 on January 1, 2016, and to $8.50 on January 1, 2017.

Unlike several other measures reviewed around the same time, this submission required no changes. The Attorney General certified the popular name and ballot title exactly as submitted, finding they honestly, intelligibly, and fairly set forth the act's purpose and specific dollar-and-date schedule, satisfying the certification standards the office applies to every initiative petition without needing to reject or rewrite anything.

Background and analysis (as of 2014)

The opinion applied the same certification framework used for all Arkansas ballot measures: the office doesn't evaluate a measure's policy merits, but does confirm the popular name and ballot title accurately and impartially summarize what the measure's text actually does, applying the Arkansas Supreme Court's standards for honesty, intelligibility, fairness, brevity (given the practical five-minute voting-booth limit), and freedom from any misleading tendency by amplification, omission, or fallacy.

Reviewing the submitted act's text, a straightforward, self-executing amendment to the specific minimum-wage statute with concrete dollar figures and effective dates, the opinion found the ballot title's summary of those same figures and dates accurately mirrored the operative text, with no internal inconsistency between the popular name, ballot title, and underlying act of the sort that has sunk other submissions. On that basis, the office certified the submission without modification and enclosed the standard canvasser and signer instructions required before petition circulation could begin.

Citations and references

Statutes (as they stood in 2013-2014):

• A.C.A. § 7-9-107, requiring Attorney General certification of a proposed measure's popular name and ballot title, with authority to substitute or reject
• A.C.A. § 7-9-107(b), the requirement that a ballot title be brief and concise
• A.C.A. § 7-9-108, requiring instructions to canvassers and signers to precede every petition
• A.C.A. § 7-5-522, the five-minute voting booth time limit informing the brevity requirement
• A.C.A. § 11-4-210(a), the state minimum wage statute the measure proposed to amend

Cases:

• Kurrus v. Priest, 342 Ark. 434 (2000); Donovan v. Priest, 326 Ark. 353 (1996); Plugge v. McCuen, 310 Ark. 654 (1992), the office need not flag constitutional infirmities absent clear illegality
• Arkansas Women's Political Caucus v. Riviere, 283 Ark. 463 (1984), the purpose of certification is an honest, intelligible, fair summary of the proposal
• Pafford v. Hall, 217 Ark. 734 (1950), the popular name is primarily a legislative device
• Chaney v. Bryant, 259 Ark. 294 (1976); Moore v. Hall, 229 Ark. 411 (1958), the popular name must avoid misleading or partisan coloring
• May v. Daniels, 359 Ark. 100 (2004), the popular name and ballot title are read together
• Becker v. Riviere, 270 Ark. 219 (1980), the ballot title must give a fair understanding of the issues
• Bailey v. McCuen, 318 Ark. 277 (1994), essential facts must be disclosed; imperfection is tolerated but misleading tendencies are not
• Becker v. McCuen, 303 Ark. 482 (1990), the ballot title must be honest and impartial
• Christian Civic Action Committee v. McCuen, 318 Ark. 241 (1994), the title must convey an intelligible idea of the scope of the change
• Roberts v. Priest, 341 Ark. 813 (2000), a measure's text creating internal inconsistency with its ballot title defeats certification

Source

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

Original opinion text

Opinion No. 2013-156
January 3, 2014
Stephen Copley, Chairman
Give Arkansas A Raise Now
Post Office Box 2441
Little Rock, Arkansas 72203
Dear Mr. Copley:
STATE OF ARKANSAS
THE ATTORNEY GENERAL
DUSTIN McDANIEL
This is in response to your request for certification, pursuant to A.C.A. § 7-9-107
(Repl. 2013), of the following popular name and ballot title for a proposed
initiated measure, as follows:
Popular Name
AN ACT TO INCREASE THE ARKANSAS MINIMUM WAGE
Ballot Title
An act to amend the Arkansas Code concerning the state minimum
wage; the act would raise the current state minimum wage from six
dollars and twenty-five cents ($6.25) per hour to seven dollars and
fifty cents ($7.50) per hour on January 1, 2015, to eight dollars
($8.00) per hour on January 1, 2016, and to eight dollars and fifty
cents ($8.50) per hour on January 1, 2017
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
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/ Stephen Copley, Chairman
Give Arkansas A Raise Now
Opinion No. 2013-156
Page 2
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.
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,"1 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 act.
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 act.2
The popular name is primarily a useful legislative device.3 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.4 The popular name is to be considered together with the ballot title in
determining the ballot title's sufficiency.5
1 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. McCuen, 310 Ark. 654, 841 S.W.2d 139 (1992).
2 See Arkansas Women's Political Caucus v. Riviere, 283 Ark. 463, 466, 677 S.W.2d 846 (1984).
3 Pafford v. Hall, 217 Ark. 734, 739, 233 S.W.2d 72, 75 (1950).
4 E.g., Chaney v. Bryant, 259 Ark. 294, 297, 532 S.W.2d 741, 743 (1976); Moore v. Hall, 229
Ark. 411, 316 S.W.2d 207 (1958).
5 May v. Daniels, 359 Ark. 100, 105, 194 S.W.3d 771, 776 (2004). Stephen Copley, Chairman
Give Arkansas A Raise Now
Opinion No. 2013-156
Page 3
The ballot title must include an impartial summary of the proposed act that will
give the voter a fair understanding of the issues presented.6 According 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."7 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.8 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.9 The title, however, must be
free from any misleading tendency, whether by amplification, omission, or fallacy;
it must not be tinged with partisan coloring.10 The ballot title must be honest and
impartial,11 and it must convey an intelligible idea of the scope and significance of
a proposed change in the law.12
Furthermore, the Court has confirmed that a proposed amendment (or act) cannot
be approved if "[t]he text of the proposed amendment [or act] itself contribute[s]
to the confusion and disconnect between the language in the popular name and the
ballot title and the language in the proposed measure."13 The Court concluded that
"internal inconsistencies would inevitably lead to confusion in drafting a popular
6 Becker v. Riviere, 270 Ark. 219, 226, 604 S.W.2d 555, 558 (1980).
7 Bailey v. McCuen, 318 Ark. 277, 285, 884 S.W.2d 938, 942 (1994).
8 Id. at 288, 884 S.W.2d at 944.
9 Id. 293, 884 S.W.2d at 946-47.
10 Id. at 284, 884 S.W.2d at 942.
11 Becker v. McCuen, 303 Ark. 482, 489, 798 S.W.2d 71, 74 (1990).
12 Christian Civic Action Committee v. McCuen, 318 Ark. 241, 245, 884 S.W.2d 605, 607 (1994)
(internal quotations omitted).
13 Roberts v. Priest, 341 Ark. 813, 825, 20 S.W.3d 376, 383 (2000). Stephen Copley, Chairman
Give Arkansas A Raise Now
Opinion No. 2013-156
Page 4
name and ballot title and to confusion in the ballot title itself."14 Where the effects
of a proposed measure on current law are unclear or ambiguous, it is impossible
for me to perform my statutory duty to the satisfaction of the Arkansas Supreme
Court without clarification of the ambiguities.
Having analyzed your proposed act, as well as your proposed popular name and
ballot title under the above precepts, it is my conclusion that the ballot title and
popular name are sufficient as submitted. They are therefore hereby certified as
submitted.
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,
Attorney General
DM/cyh
Enclosures
14 Id. 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 POPULAR NAME
   AN ACT TO INCREASE THE ARKANSAS MINIMUM WAGE
   BALLOT TITLE
   AN ACT TO AMEND THE ARKANSAS CODE CONCERNING THE STATE MINIMUM WAGE; THE
   ACT WOULD RAISE THE CURRENT STATE MINIMUM WAGE FROM SIX DOLLARS AND TWENTY-
   FIVE CENTS ($6.25) PER HOUR TO SEVEN DOLLARS AND FIFTY CENTS ($7.50) PER HOUR ON
   JANUARY 1, 2015, TO EIGHT DOLLARS ($8.00) PER HOUR ON JANUARY 1, 2016, AND TO EIGHT
   DOLLARS AND FIFTY CENTS ($8.50) PER HOUR ON JANUARY 1, 2017
   BE IT ENACTED BY THE PEOPLE OF THE STATE OF ARKANSAS:
   SECTION 1. Arkansas Code § 11-4-210(a), concerning the state minimum wage, is amended to
   read as follows:
   (a)(1) Beginning October 1, 2006, every employer shall pay each of his or her employees wages at
   the rate of not less than six dollars and twenty-five cents ($6.25) per hour except as otherwise provided in
   this subchapter.
   (2)(A) Beginning January 1, 2015, every employer shall pay each of his or her employees
   wages at the rate of not less than seven dollars and fifty cents ($7.50) per hour, beginning January 1, 2016
   the rate of not less than eight dollars ($8.00) per hour and beginning January 1, 2017 the rate of not less
   than eight dollars and fifty cents ($8.50) per hour except as otherwise provided in this subchapter.