On Tuesday, Federal Judge Timothy L. Brooks struck down multiple Arkansas laws restricting the citizen ballot initiative and petition process, ruling that they violate the First Amendment. It wasn’t all good news. The judge struck down seven of the laws being challenged, but left others to be resolved at a trial to be held on July 28.
The measures that were struck down include the following requirements:
- Verify voter photo identification before allowing individuals to sign a petition.
- Read the full ballot title aloud or force the potential signer to read it completely before signing.
- Recite a government-scripted script warning individuals that petition fraud is a crime.
- Publicly disclose the personal information and home addresses of paid canvassers before they can gather signatures.
- Submit additional post-circulation affidavits and pause signature gathering during the verification process.
- Pause signature collection during the petition process while waiting for the Secretary of State to determine if a sponsor is eligible for a cure period.
- Reimburse the state for the publication costs of legal notices regarding the ballot measures.
On Friday, the organization Protect AR Rights turned in 108,837 signatures for the Arkansas Ballot Measure Rights Amendment. If it qualifies for the November ballot and wins a majority of votes, it would enshrine protections against some of the restrictive laws that were struck down, along with others.
At the Arkansas Press Association’s debate on June 26th, I called the entire set of petitioning restrictions “a direct assault on the principle of Regnat Populus,” and that they should all be overturned. But state officials don’t see it that way. The Secretary of State and Attorney General have announced that the court ruling will be appealed, further squandering taxpayer dollars in an effort to squelch the voice of the people.
The current Secretary of State should recognize the unconstitutional nature of the restrictive laws, drop the appeal, and yield on the issues that remain before the Circuit Court.
In the meantime, I trust that the Secretary of State will be fair, unbiased, and transparent in the process of validating the petition signatures turned in by Protect AR Rights.
Regnat Populus!
Watch the APA debate here:
https://www.youtube.com/watch?v=Mihybn8zPR0