Supreme Court of Arkansas

Dustin McDaniel

March 5, 20152015 Ark. LEXIS 506

Summary

The court upheld most challenged provisions of Act 1413 governing initiative and referendum petitions, including requirements imposed on paid canvassers, petition information, verification, and signature counting. It held that these provisions were authorized measures to facilitate the petition process and prevent fraud, and that the challenged terms were not unconstitutionally vague. The court invalidated the prohibition on gathering additional signatures after filing and the rule invalidating an entire petition part containing signatures from multiple counties. Justice Wood, joined by the Chief Justice, would have upheld the entire Act, while Justice Hart, joined by Justices Baker and Goodson, would have invalidated the entire Act as an overly burdensome infringement of the initiative and referendum rights.