What’s On Your Ballot?

What’s On Your Ballot?

Voters to decide more than political races in November

ralphhardin@gmail.com When voters head to the polls on Nov. 8, they will be weighing in on more than just the outcome of the U.S.

Presidential race, and the state, county and local political races. They will also be giving their “thumbs up” or “thumbs down” on a number of initiatives that could have long-term effects on the lives of Arkansans.

Five statewide ballot measures have been certified for the 2016 ballot in the State of Arkansas as of Aug. 8, 2016, according to the web site ballotpedia. org.

The “Gubernatorial Powers Amendment,” the “Removal of Cap on Bonds Amendment,” the “Terms, Elections and Eligibility of County Officials Amendment,” the “Medical Marijuana Act,” and the “Arkansas Limit Contingency Fees and Awards in Medical Cases Amendment” have all passed muster with the Secretary of State will all be on the November ballot.

While more than a dozen initiatives were filed for spots on the 2016 ballot in Arkansas, some of them were repeat filings of the same or similar measures. Petitioners needed to file the requisite number of signatures by July 8 to be considered for inclusion on the ballot. The Secretary of State's office had 30 days to count signatures.

Supporters of the Arkansas Casinos Amendment and the Arkansas Medical Marijuana Amendment were given an additional 30 days for signature collection. Since over 75 percent of the signatures were deemed legitimate, Arkansas Secretary of State Mark Martin's office granted the supporting campaign an additional period to gather the remainder.

Under state law, citizens of Arkansas may initiate legislation as either a state statute or a constitutional amendment.

In Arkansas, citizens also have the power to repeal legislation via veto referendum.

The Arkansas State Legislature may also place measures on the ballot as legislatively referred constitutional amendments or legislatively referred state statutes.

Citizens were required to file at least 67,887 valid signatures for initiated state statutes, at least 50,916 valid signatures for veto referendums, and at least 84,859 valid signatures for initiated constitutional amendments.

The 2016 state legislative session ran from Jan. to April 20, during which time the Arkansas State Legislature was able to place legislative referrals on the ballot. It placed three measures on the ballot.

Arkansans have a knack for launching grass-roots initiatives and building support for their cause at the polls. A total of 44 measures have appeared on statewide ballots since 1996. Ballot measures only appear in even-numbered years in Arkansas.

Between 1996 and 2016, an average of four measures appeared on the ballot during even-numbered election years in Arkansas, with at least one, and as many as six on the ballot in that 20-year span, with about a 60 percent (29 of 48) success rate. About 35 percent (17 of 48) were defeated, and two were approved but then overturned by the State Supreme Court.

A snapshot look at this year’s proposals:

• Gubernatorial Powers Amendment — Allows the governor to retain his or her powers and duties when absent from the state. Under current law, the Lieutenant Governor becomes “acting governor” when the governor leaves Arkansas for official or personal business.

• Removal of Cap on Bonds Amendment — Removes the cap on the amount of bonds the state is allowed to issue.

The current cap would be removed, allowing for the unlimited issuance of bonds, which is aimed at spurring economic development around the sate.

• Terms, Elections and Eligibility of County Officials Amendment — Increases the terms for certain county officers to four years, provides that certain officers cannot change to a civil office during their terms, and defines “infamous crime” for the purpose of determining who is eligible to hold office. Individuals convicted of certain crimes are barred from seeking political office. This amendment would clarify those crimes.

• Medical Marijuana Act — Legalizes medical marijuana, or more specifically, de-criminalizes regulated possession, manufacture, use and distribution of cannabis, which would still remain a criminal act under federal law.

• Limit Contingency Fees and Awards in Medical Cases Amendment — A tort reform amendment that prohibits charging excessive contingency fees for legal representation in suits seeking damages against healthcare providers. Also limits awards for non-economic damages in any potential lawsuit to $250,000 Two additional amendment proposals are still pending, although the window for gaining ballot access is narrowing: • The Medical Marijuana Amendment, which differs from the Medical Marijuana Act in that it is an amendment proposal, rather than a statute proposal, would legalize medical marijuana in Arkansas at a constitutional level. Both proponents and opponents of marijuana legalization have contended that multiple ballot measures on medical marijuana could be confusing to voters on both sides of the issue.

• A proposed Casinos Amendment would allows three new casinos to operate — one in Boone County, one in Miller County, and one in Washington County.

Currently Crittenden County and Garland County are the only locations in the state that are authorized to operate casino- style gaming.

By Ralph Hardin