The ACLU of Arkansas, along with Elias Law Group and Shults Law Firm, filed a motion to intervene in a federal lawsuit challenging Arkansas laws that restrict the citizen ballot initiative process. The motion was filed on behalf of Protect AR Rights and For AR Kids — two grassroots coalitions working to place constitutional amendments on the 2026 ballot.
These groups argue that a suite of recently enacted laws violate the First and Fourteenth Amendments by making it harder — and riskier — for Arkansans to exercise their constitutional right to engage in direct democracy. The laws at issue burden core political speech, restrict who can serve as a petition circulator, impose vague requirements that chill participation, and expose volunteers to possible criminal penalties.
Among the challenged provisions are:
- A rule requiring ballot titles to pass a machine-generated “eighth-grade reading level” test (which does not apply to legislative referrals)
- A 50-county signature distribution requirement
- Mandatory ID checks, scripted warnings, and restrictions on when signatures may be collected
- Public disclosure of canvassers’ home addresses
- Provisions allowing the Secretary of State to throw out all signatures from a canvasser for even minor alleged violations
Because For AR Kids and Protect AR Rights are pursuing different ballot measures — and For AR Kids is already collecting signatures — they bring distinct legal claims and an urgent need for relief not addressed in the original complaint.
This case defends the right of Arkansans to propose laws when lawmakers refuse to act — and to speak, organize, and engage in the democratic process without fear, intimidation, or punishment.
