Arkansas

Congressional

Congressional maps are enacted by the State General Assembly. The Governor can veto the plans.

The General Assembly can override a veto with a majority vote of all those elected. Republicans currently have veto proof majorities in both chambers.

Challenges to the maps are litigated in the State Supreme Court.

Legislative

The Arkansas Board of Apportionment draws the state’s legislative districts and consists of the Governor, Secretary of State, and Attorney General. The Board has primary responsibility for legislative redistricting. On or before February 1 the year after each decennial U.S. Census, the Board will file its apportionment report with the Office of the Secretary of State. The plan will become effective 30 days after being filed unless it is revised by the Supreme Court of Arkansas during that same period.

Challenges to the maps are litigated in the State Supreme Court.

Source: Ark. Const. art. VIII, §§ 1-5.

Previous Redistricting Cycles

2010

• Congressional
  • Original Plan – HB 1836
    • Passed = April 13, 2011 (D-controlled)
    • Signed = April 14, 2011
  • Litigation History
    • Larry v. Arkansas, No. 4:18-cv-116 (E.D. Ark. Aug. 3, 2018): An Arkansas resident filed a lawsuit in the U.S. District Court for the Eastern District of Arkansas challenging the state’s congressional plan as a racial gerrymander in violation of the 14th and 15th Amendments to the U.S. Constitution and as diluting African American votes in violation of Section 2 of the Voting Rights Act. On August 3, 2018, the district court dismissed the complaint on the grounds the plaintiff lacked standing to bring these claims.
• Legislative
  • Commission’s Original Plans
    • Adopted = July 29, 2011
  • Litigation History
    • Jeffers v. Beebe, 895 F.Supp.2d 920 (E.D. Ark. 2012): A group of Arkansas voters filed a lawsuit in the U.S. District Court for the Eastern District of Arkansas, challenging one of the senate districts in the legislative plans as a racial gerrymander in violation of the 14th and 15th Amendments and Section 2 of the Voting Rights Act. On September 17, 2012, the district court ruled in favor of the defendants, finding that the plaintiffs failed to establish the existence of intentional discrimination or a violation of federal law in the legislative plans.

2000

• Congressional
  • Original Plan – SB 552
    • Passed = April 13, 2001 (D-controlled)
    • Enacted = April 20, 2001 (without governor’s signature)
• Legislative
  • Commission’s Original Plans
    • Passed = September 19, 2001

Governor Bill Signing

If a bill is presented to the governor during session, the governor has 5 days to sign or veto it; otherwise, it becomes law without signature. If the bill is delivered to the governor during the last 5 days of the session, the governor must sign or veto it within 20 days of transmittal; otherwise, it becomes law. Sundays are excluded in these calculations. Line-item vetoes are permitted.

Ballot Measure Process

Kinds of Ballot Measures
Direct initiatives and all referendums are permitted to amend statutes. Direct initiatives are permitted to amend the state constitution. Legislatively initiated ballot measures may amend both statutes and the Constitution.

Single-Subject Rule
There is no single-subject rule.

Initiative Subject Restrictions
There are no initiative subject restrictions.

Signature Requirements
The signature requirement for constitutional amendments is 10% of all votes cast for all candidates for governor in the previous general election, 8% for statutory amendments, and 6% for referendums. 891,509 people voted for a candidate for governor in the 2018 General Election in Arkansas, so 89,151 signatures are required for constitutional amendments, 71,321 signatures are required for statutory amendments, and 53,491 signatures are required for referendums. 15 of the state's counties must contribute signatures equal to half of the designated percentage of the electors of such county. For constitutional amendments, that number is 5%, for initiatives that number is 4%, and for referendums that number is 3%. County information can be found here.

Submission Deadlines
Initiative petitions must be submitted no less than four months prior to the election in which the petition is to appear on the ballot (July 8, 2022). Referendums must be submitted 90 days after the adjournment of the General Assembly.

Circulation Period
There is no stated circulation period for initiative petitions.

Ballot Title and Summary
The ballot title and summary are written by the proponents, submitted to the Secretary of State for certification, and then delivered to the State Board of Election Commissioners. Expedited reviews for titles and summaries are permitted.

Other Requirements
A fiscal impact statement is not required. Circulators must register with the Secretary of State. There are no supermajority requirements. The General Assembly cannot amend or repeal an approved measure, without a two-thirds supermajority vote. Initiatives are permitted on general election ballots, but not on primary or special election ballots or odd-year ballots.

Source: Ark. Const. art. V, §1. Ark. Code § 7-9 (2019). Arkansas 2020 Initiatives and Referenda Handbook

In The News

• Judges Toss Part of Suit Challenging Arkansas Redistricting, AP (10/24/22)
• 2nd Lawsuit Filed Over Arkansas Congressional Redistricting, AP (3/22/22)
• Lawsuit Challenges Arkansas Congressional Redistricting Plan, AP (3/8/22)
• Federal Judge Dismisses Arkansas Redistricting Lawsuit, AP (2/23/22)
• Judge to Toss Arkansas Redistricting Case Unless DOJ Joins, AP (2/18/22)
• ACLU Sues Over State House Redistricting Map, Says Plan Under-Represents Black Arkansans, Arkansas Democrat Gazette (12/29/21)
• Proposed Constitutional Amendment Would Create Citizens Panel to Draw Legislative, Congressional Districts in Arkansas, Arkansas Democrat Gazette (12/29/21)
• Arkansas Redistricting Maps Approved by Governor Hutchinson, Board of Apportionment, KATV (11/30/21)
• Arkansas Lawmakers Approve Final Redistricting Map, UA Little Rock Public Radio (10/7/21)
• Return of Arkansas Lawmakers on Tap for Redistricting, Arkansas Democrat Gazette (9/8/21)
• Former Chief Justice to Coordinate Arkansas Redistricting, AP (6/8/21)
• Arkansas Governor Plans Special Session on Income Tax Cuts, AP (4/22/21)
• Arkansas House Passes Resolution Extending 2021 Session, Allows For Later Reconvening, UA Little Rock Public Radio (3/22/21)
• Ex-GOP Chief to Lead Redistricting; Rutledge Vows no Partisanship in New Legislative Maps, Arkansas Democrat Gazette (1/20/21)
• Republicans Flip Plurality-Black State House District that was Considered Safely Democratic, Washington Examiner (11/9/20)
• Judge Strikes Down Law That Killed Three Ballot Measures, Arkansas Times (9/24/20)
• Arkansas Judge Dismisses Suit Over Redistricting Proposal, AP (9/16/20)
• Districting Suit Likely to Lose, Judge Says - then Rules Against it, Arkansas Democrat Gazette (9/16/20)
• Court Takes Under Advisement Last-Ditch Plea on Constitutional Amendments, Arkansas Times (9/14/20)
• Group Sues Challenging Arkansas' Rejection of Petitions, AP (9/2/20)
• Arkansas Court Blocks Redistricting, Open Primary Measures, AP (8/27/20)
• Advocates Seek to raise Awareness of Redistricting Process and Challenges, Texarkana Gazette (8/22/20)
• Arkansas Amendments to Give Voters More Control over their Elections Advance to 2020 Ballot, Independent Voters News (8/21/20)
• Amendment Bids Certified for State Ballot, Northwest Arkansas Democrat Gazette (8/21/20)
• Secretary of State Argues Two Proposed Amendments aren't Entitled to Gather more Signatures, Arkansas Times (8/20/20)
• Ad Push Begins for Nonpartisan Redistricting Amendment to End Gerrymandering, Arkansas Times (8/19/20)
• Special Master Says Unmeetable Canvassing Requirement Could Doom Open Primary and Legislative Redistricting Amendments, Arkansas Times (8/10/20)
• Drive for Nonpartisan Redistricting Amendment to File More Signatures Today, Arkansas Times (8/5/20)
• Arkansas Supreme Court Appoints Master on Ballot Petition Appeals, Arkansas Times (7/24/20)
• Arkansas Board Approves Ballot Title for Proposed Amendment, AP (7/23/20)
• Secretary of State Says Proposals don't Qualify for Election, Northwest Arkansas Democrat Gazette (7/15/20)
• Arkansas Initiative Bids Turn in Signatures Amid Pandemic, AP (7/6/20)
• Anti-Gerrymandering Petition Drive Held in Northwest Arkansas, 4029 News (6/26/20)
• Appeals Court Stays Ruling Easing Arkansas Petition Rules, AP (6/15/20)
• Redistricting effort can collect signers by mail, but not electronically, Talk Business & Politics (5/26/20)
• Arkansas redistricting group seeks easing of petition rules, AP (4/22/20)
• Legislative redistricting amendment filed with Secretary of State, Talk Business & Politics (3/5/20)
• Lawmakers try to alter voter-approved redistricting reforms, AP (3/5/20)
• More states to use redistricting reforms after 2020 census, AP (3/5/20)