SB434
To Create The "protect Our Constitution Act"; To Amend A Portion Of The Arkansas Constitution As Authorized By Arkansas Constitution, Article 5, § 1; And To Declare An Emergency.
Last Action (May 5, 2025): Died in Senate Committee at Sine Die adjournment.
Sponsors
AI-Generated Summary
Senate Bill 434, titled the 'Protect Our Constitution Act,' seeks to amend the Arkansas Constitution regarding the voting threshold required to approve constitutional amendments. Currently, constitutional amendments in Arkansas require a simple majority of votes cast to pass. This bill proposes increasing that threshold to at least two-thirds (2/3) of the votes cast on the measure. The bill includes an emergency clause, stating that the change is necessary for the preservation of public peace, health, and safety, and intends for the new requirement to be in place for the 2026 general election. It also includes technical updates to the 'Conflicting Measures' language to maintain consistency with the proposed amendment. The bill operates by exercising the authority granted to the General Assembly under Article 5, Section 1 of the Arkansas Constitution.
Potential Impact Analysis
Who Might Benefit?
The primary beneficiaries of this bill would be individuals and political organizations that advocate for preserving the existing language and structure of the Arkansas Constitution. By increasing the vote threshold for amendments, the bill makes it more difficult for grassroots or third-party groups to successfully alter the state's founding document through the ballot initiative process, which may benefit established political entities or groups that prefer the status quo in state law.
Who Might Suffer?
The primary groups negatively impacted by this bill would be proponents of citizen-led ballot initiatives and issue-advocacy groups who seek to change state law or policy through constitutional amendments. Because reaching a two-thirds supermajority is significantly more difficult than achieving a simple majority, this bill creates a higher hurdle for any proposed amendment, potentially disenfranchising voters who support reform measures that lack overwhelming consensus across the electorate.
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