Supreme Court of Arkansas

Bill Walmsley, Darrell Meyer, and Bill McDowell v. Mark…

October 4, 20122012 Ark. LEXIS 399

Summary

The court held that an initiated constitutional-amendment sponsor may not circulate a petition with one ballot title and later obtain certification of a different title. Because the revised title was not attached to the petition signed by voters, the Secretary of State's certification was vacated and votes on the proposal could not be counted or certified. The court declined to decide whether the petition had enough valid signatures or whether the revised title was otherwise legally sufficient.