A federal judge has struck down several Arkansas laws restricting the ballot initiative process.
U.S. District Judge Timothy Brooks said in a ruling Tuesday that laws making canvassing more difficult are unconstitutional.
In Arkansas, anyone can get a ballot title approved by the attorney general, then collect tens of thousands of signatures to have the measure put on the ballot. Bills made law over the last few legislative sessions make the process harder. Opponents say they make it almost impossible.
Canvassers were required to read lengthy ballot titles out loud, recite a message about petition fraud, verify identification and disclose their own personal information to collect one signature. Opponents of the laws said the extra steps drained time and resources from canvassers.
In a 62-page ruling, Brooks said the rules violated canvassers' rights. He was skeptical that the laws prevent petition fraud, saying:
“There is no evidence in the record connecting any canvassers (with or without a criminal history) to any crimes against petitioners.”
He also said the secretary of state goes through a “robust” review of the signatures.
The suit was brought by the League of Women Voters of Arkansas and Save AR Democracy, two groups working to put amendments on the November ballot.
Brooks did not rule on other controversies in the law, including claims about vagueness. He dismissed a separate part of the lawsuit against a requirement raising the number of counties required to collect signatures from 15 to 50, saying it did not violate the First Amendment.
In February, a different judge struck that law down for constitutional reasons. The case will go to trial in late July.
In a statement, a spokesman for Attorney General Tim Griffin said “We will continue our vigorous defense of the State at trial later this month.”
