Little Rock, AR — Today, the League of Women Voters of Arkansas (LWVAR) filed a lawsuit in the US District Court for the Western District of Arkansas to block several Arkansas laws that effectively dismantle the state’s long-standing ballot initiative process. 

“Let’s be clear: these laws spell the death of direct democracy in Arkansas,” said Bonnie Miller, president of the League of Women Voters of Arkansas. “For decades, Arkansans of all political persuasions have utilized the ballot initiative process to pass popular reforms in our state. Now, the legislature wants to kill the process. It’s not only anti-voter but is also completely illegal. We urge the court to strike down these laws and reaffirm Arkansans’ right to direct democracy.” 

"Across the country, we are witnessing a staggering assault on our democracy – and that includes attacks on direct democracy in states like Arkansas,” said Celina Stewart, chief executive officer of the League of Women Voters of the US. "The laws challenged in this case were borne of a blatant desire to silence voters, undermine direct democracy, and entrench political power. We’re seeing a similar playbook being used across the country, and the League will continue fighting to ensure voters have their voices heard.”

“These laws aren’t just bad policy—they’re unconstitutional,” said David Couch, legal counsel for the League of Women Voters of Arkansas. “They weaponize bureaucracy to suppress citizen participation and violate the fundamental rights guaranteed by both the Arkansas and U.S. Constitutions. If left in place, they will permanently dismantle the ballot initiative process in Arkansas. The courts must step in.”

“Steptoe remains committed to taking on significant pro bono matters to protect access to the ballot box and to facilitate direct citizen referenda in those states where the state constitution provides for such ballot initiatives, regardless of party affiliation,” said Michael Dockterman, a partner at Steptoe.

In 2020, Arkansas voters resoundingly rejected a constitutional amendment that would make it more difficult to get future initiatives on the statewide ballot. Now, legislators are circumventing voters anyway and making it nearly impossible for Arkansans to use the ballot initiative process. Arkansas is one of the only southern states to allow citizens to directly vote on issues that impact them via ballot initiative. 

Taken together, the bills would do the following: 

• Force potential signees to read the text of a ballot initiative in full, out loud (or have a petitioner read the initiative aloud) before signing.
• Mandate that prospective signees show petitioners their photo ID.
• Force canvassers to inform potential signees of criminal penalties for fraudulently signing a petition.
• Enable the state Attorney General to effectively throw out ballot initiative language before voters get the chance to vote on the initiative.
• Allow the Secretary of State’s office to disqualify signatures if it deems that there is a “preponderance of evidence” that rules have been violated.

LWVAR alleges that the package of anti-democracy Arkansas laws violates the First and Fourteenth Amendments of the United States Constitution as well as Article 5, Section 1 of the Arkansas Constitution. 

LWVAR is represented by David Couch and Steptoe. 

Read the complaint here.