A federal judge stopped the enforcement of several Arkansas canvassing laws.
The state constitution allows citizens to put initiatives and referendums on the ballot. It's a long process involving gathering tens of thousands signatures from across the state. In 2025, the Arkansas Legislature passed a handful of laws making the process extremely difficult.
Wednesday, U.S. District Judge Timothy L. Brooks enjoined six of the laws, meaning they can not be enforced. He handed down a scathing 77-page verdict in the case.
The suit came from several advocacy groups including For AR Kids and the League of Women Voters. Both groups have worked to pass amendments in Arkansas. They said the 2025 rules effectively make the process impossible, violating both the First Amendment and their right to pass amendments.
Brooks said the state did a poor job refuting their arguments.
Act 602 required potential amendments be written at an eighth-grade reading level using the Flecsh-Kincaid Grade Level formula. The formula counts syllables and number of words in sentences to determine difficulty.
In their arguments, the state pointed to a medical article saying “the average American adult reads at an 8th grade reading level,” claiming the grading system ensures voters understand what they are voting for.
The judge pointed out that the First Amendment of the United States Constitution is not written on an eighth grade level, nor do amendments authored by the general assembly. Words like "Arkansas" and "constitution," which are "easily understood by voters” also do not pass the reading test.
In Arkansas, canvassers can continue to gather signatures after the initial due date. This 30-day window is called a “cure period.” Act 241 would not allow extra signature collection during the cure period.
“Defendants refer to this as the ‘Cool Off’ Period,” the verdict says. “‘Cool off from what?’ you might ask. Surely the State of Arkansas is not trying to put some of its citizens in time out because of their speech?”
Act 240 requires canvassers to check photo ID and “verify the identity.” Brooks said this is unfair to the canvasser.
“If the name or address on a person’s ID does not match what the person writes on the petition form, and the person explains that they have recently moved or gotten married and not yet updated their ID to reflect their married name, the law provides no guidance on whether the canvasser may collect the person’s signature.”
Under Act 453, canvassers must have Arkansas residency to canvass. Brooks said this is “likely unconstitutional under any level of scrutiny.” He said the state presented no evidence this is a problem.
Act 218 requires signers be told that petition fraud is a crime. Again, Judge Brooks struck it down.
“Burdens imposed by these laws had compounding effects on sponsors: by significantly increasing the time it takes to gather a single signature and running off potential petitioners with that increased time demand and the threat of prosecution.”
The judge did not enjoin a law changing the minimum number of counties needed for signature collection. He said it "likely does not implicate the First Amendment.” The law is simultaneously under consideration on in state court.
Bill Kopsky of For AR Kids called the ruling “exhaustive.” His group hopes to put two amendments on the ballot, one enshrining the petition process in law and another called “The Educational Rights Amendment.” They have until July 3 to collect over 91,000 signatures
He said the ruling “clears the way for us to begin collecting signatures.”
Meanwhile, Jeff Lemaster from the attorney general's office said “We’re reviewing the order and considering our next steps.”
