The official state ballot showing what constitutional amendments voters will decide is now in the hands of county election officials. But what voters see Nov. 5 may change depending on the outcome of a lawsuit.

What's For Sure?

Issue 1

Voters will have Issue 1 on their ballots. Referred by legislators, Issue 1 asks voters to change the state's lottery amendment so funds from ticket sales can also be used at public or private "vocational-technical schools and technical institutes."

Currently, Amendment 87 says lottery revenue can fund scholarships at private and public non-profit two and four-year colleges and universities in the state.

Legislators are able to establish criteria to determine who is eligible to receive scholarships and grants. Rep. Robin Lundstrum, who sponsored the ballot issue, said the scholarship expansion was a bipartisan effort in the legislature.

What Citizen-Initiated Amendments Are On The Ballot?

Issue 2

Dear readers: This version includes additional details on Issue 2’s special election provision and a clarification on the characterization of the issue. 

Arkansas voters approved four casino gaming locations when they passed Amendment 100 in 2018. Issue 2's sponsor, Local Voters in Charge, is asking voters statewide to remove Pope County from the Arkansas Constitution. Issue 2 would repeal authorization for the casino in Pope County and revoke the gaming license recently issued to Cherokee Nation Entertainment, which has plans to build a casino and hotel near Russellville. 

Issue 2 also includes a provision that quorum courts call a special election to obtain voter approval of any proposed casino in their county.  

The full text of Issue 2 and its provisions is available online. Other details will be included in our voter guide later this month. 

Whether voters will see Issue 2 on Election Day depends on the Arkansas Supreme Court. Arkansas Canvassing Compliance Committee filed a lawsuit challenging the ballot title as well as canvassers' signature gathering practices. 

Judge William Wright, a special master appointed to review the challenge, is expected to submit his report to the Arkansas Supreme Court by Sept. 9 after holding several days of court hearings this week. 

In an Aug. 28, 2024 article, the Arkansas Democrat-Gazette characterized this issue as a proxy war. This characterization has not been made by Local Voters in Charge.

Issue 3

Arkansans for Patient Access submitted 38,394 additional voter signatures today (Aug. 30) with the Arkansas Secretary of State's Office to qualify the Arkansas Medical Marijuana Amendment for the 2024 ballot.

The ballot issue group submitted their original voter petitions on July 5 and received 30 more days under state law to collect additional voter signatures.

Issue 3 seeks to expand the state's medical marijuana program, which voters approved in 2016. The proposal would allow more types of health care providers, such as registered nurses, to qualify patients for medical marijuana cards. Health care providers could also decide whether a person has a medical issue they think would benefit from marijuana use. Currently, the state constitution limits the types of qualifying medical issues. Issue 3 also would allow cardholders to grow up to 14 marijuana plants (7 mature and 7 smaller plants) at home.

In addition to changes to the medical marijuana program, Issue 3 would prevent state legislators from making changes to constitutional amendments unless specifically permitted in the amendment. Otherwise, they would be required to put changes on the ballot for voters to decide.

Ballot issue groups need at least 90,704 voter signatures statewide, with a certain percentage coming from at least 50 counties. The Secretary of State's Office will start processing signatures next week after the Labor Day holiday, said Chris Powell, the office's press secretary.

Arkansans will not see the abortion access measure on the ballot.

The Arkansas Supreme Court backed Secretary of State John Thurston's decision to reject voter petitions for the Arkansas Abortion Amendment of 2024 in a 4-3 decision on Aug. 22.

Arkansans for Limited Government had asked the court to step in after their petitions with 101,525 voter signatures were rejected out right. Thurston said the signatures couldn't be counted because paid canvasser paperwork hadn't been submitted on July 5 along with the petitions. Sponsors said they submitted the required documents to the office throughout the summer instead of on the 5th and that they should be allowed to correct the error.

State officials also pointed out that representatives of sponsors signed canvasser paperwork rather than the sponsors themselves. It had long been a practice for campaign representatives to sign petition paperwork, now an issue that might affect the two citizen initiatives slated for the 2024 ballot.

"We find that the secretary correctly refused to count the signatures collected by paid canvassers because the sponsor failed to file the paid canvasser training certification," the court's majority opinion stated.

Justices Karen Baker and Courtney Hudson disagreed with their fellow court justices in a dissenting opinion.

"Why are the respondent and the majority determined to keep this particular vote from the people? The majority has succeeded in its efforts to change the law in order to deprive the voters of the opportunity to vote on this issue, which is not the proper role of this court."

Read the Court Documents for CV-24-455, Cowles v. Thurston