Case Summary
LWVAR, Save Arkansas Democracy, and two voters filed a federal lawsuit against multiple state laws attacking direct democracy in the state, asserting the restrictions on ballot initiatives violate the First and Fourteenth Amendments of the United States Constitution and Article 5, Section 1 of the Arkansas state constitution.
Since 1910, Arkansas voters have possessed the right to the ballot initiative. Voters were given the right to pass ordinary statutes as well as state constitutional amendments via direct popular vote. Arkansans have exercised these rights consistently, amending the state constitution over 100 times through ballot initiatives since the system began in the state. Laws or constitutional amendments may be directly proposed to voters by collecting a legally sufficient number of signatures on petitions and following a set process.
Since 2012, numerous laws have been enacted by the Arkansas legislature to restrict the ballot initiative process, attacking direct democracy in the state. Among these were the following restrictions:
Ark. Code Ann. § 7-9-601(d) – Prohibitions on certain people with felony convictions and 15 other listed offences from collecting petition signatures, regardless of how long ago the offenses occurred.
Ark. Code Ann. § 7-9-103(a)(2)(6) – A ban on non-Arkansas residents from collecting petition signatures
Ark. Code Ann. § 7-9-113(a)(2)(A) - Requiring that the petition sponsors reimburse the Secretary of State within 30 days after being notified of the final cost of publication.
Act 218 of 2025 – Requiring a canvasser gathering petition signatures to disclose to a potential petitioner that petition fraud is a criminal offense before the petitioner signs, either in writing or verbally. Failure to provide a potential petitioner this notice is a criminal offense.
Act 240 of 2025 – Requires a canvasser to view a potential petitioner’s photo ID before having them sign the petition. Failure to do so by the canvasser is a crime.
Act 274 of 2025- Requiring that a person signing a petition read the ballot title in the presence of the canvasser or have the canvasser read the ballot title out loud and certify this has occurred. A canvasser must certify this has been done and is guilty of a crime if this act did not actually take place
On April 21, 2025, the League of Women Voters of Arkansas (LWVAR), Save Arkansas Democracy, and two individual voters filed a federal lawsuit in the United States District Court for the Western District of Arkansas, asserting the above restrictions were unconstitutional under the First and Fourteenth Amendments of the United States Constitution and Article 5, Section 1 of the Arkansas state constitution.
LWV Arkansas and its co-plaintiffs were represented by David Couch P.L.L.C. and McDermott Will & Schulte, LLP.
LWV Timeline
LWVAR files lawsuit
LWVAR and co-plaintiffs file a federal lawsuit asserting a series of laws restricting access to the ballot initiative system violate the United States Constitution and Arkansas state constitution.
LWVAR moves for temporary restraining order and preliminary injunction
LWVAR moves for a preliminary injunction, arguing the challenged laws severely burdened Arkansans' right to exercise the ballot initiative, and prevented signature gathering for initiatives, and requested the court put the laws on hold while the litigation proceeds.
District court partially grants preliminary injunction
The district court enjoins several of the laws at issue and forbids the state from enforcing Acts 218, 240, 274 while litigation proceeds. The court also grants a preliminary injunction against residency restrictions on canvassers gathering petition signatures and provisions allowing disclosure of their personal information.
Defendants appeal preliminary injunction
The defendants appeal the preliminary injunction to the United States Court of Appeals for the Eighth Circuit.
Eighth Circuit Court of Appeals denies motion for stay
The United States Court of Appeals for the Eighth Circuit denies defendants' request for the preliminary injunction to be stayed while the appeal progresses.
LWVAR moves to file amended complaint
LWVAR asks to file an amended complaint, which includes individual plaintiffs who wish to collect petition signatures but would be unable to under the new laws.