2019 Arkansas Code
Title 7 - Elections
Chapter 9 - Initiatives, Referenda, and Constitutional Amendments
Subchapter 1 - Petition and Election Procedure
§ 7-9-112. Right of Review
(a) If the Secretary of State determines that the signatures submitted on a statewide initiative petition or statewide referendum petition are insufficient or the State Board of Election Commissioners does not certify the ballot title or popular name of a proposed measure resulting in the Secretary of State’s finding the proposed measure insufficient, the following persons may petition the Supreme Court to determine if the signatures submitted on the statewide initiative petition or statewide referendum petition are sufficient or if the ballot title or popular name of the proposed measure should be certified:
(1) The sponsor of the statewide initiative petition or statewide referendum petition; or
(2) A registered voter.
(b) The Supreme Court shall act expeditiously to review the sufficiency of the signatures or the certification of the ballot title or popular name in a timely manner and shall make every effort to reach a decision in advance of the election at which the proposed measure would be considered.
(c)
(1)
(A) If the Supreme Court decides that the signatures submitted on a statewide initiative petition or statewide referendum petition are sufficient, the Supreme Court shall order the Secretary of State to certify the sufficiency for placing the proposed measure on the election ballot if the ballot title and popular name are sufficient.
(B) If the Supreme Court decides that the ballot title and popular name should be certified, the Supreme Court shall order the board to certify the ballot title and popular name to the Secretary of State, who shall declare the proposed measure sufficient to be placed upon the ballot if the signatures on the statewide initiative petition or statewide referendum petition are sufficient.
(2) On a proper showing that the signatures are not sufficient or the ballot title or popular name should not be certified, the Supreme Court may enjoin the Secretary of State from certifying the proposed measure for inclusion on the ballot for the election at which the proposed measure would be considered or, in the event that the proposed measure will appear on the election ballot, from canvassing and certifying the vote on the proposed measure.
