Arkansas Supreme Court rejects bid to save direct democracy ballot initiative
A campaign to bolster direct democracy in Arkansas suffered a setback this week, when the state supreme court dismissed a lawsuit to put a pro-direct democracy ballot measure before voters this November.
If passed, the initiative would have prevented the Arkansas state legislature from amending or repealing a state constitutional amendment adopted by voters.
Protect AR Rights submitted 108,000 signatures in support of the measure, which needed 90,704 to get on the ballot. But after Secretary of State Cole Jester (R) rejected nearly 20,000 petition pages for using the wrong ballot name earlier this month, the campaign’s supporters sued.
Arkansas law requires voter initiative petitions to use a preapproved official title when collecting signatures, in this case “The Arkansas Ballot Measure Rights Amendment.” But when Protect AR Rights submitted a sample petition to Jester’s office, it referred to “The Ballot Measure Rights Amendment of 2026.”
Protect AR Rights argued that such a minor bureaucratic mistake — which state officials could have, but didn’t, correct — shouldn’t justify silencing thousands of Arkansan voices.
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But in a brief, one-page order, the Arkansas Supreme Court disagreed, dismissing the lawsuit without providing an opinion explaining its reasoning.
Jester applauded the decision on social media Wednesday, writing, “I am proud to announce that the Supreme Court has dismissed the lawsuit against my office, and our petition decision stands.”
Protect AR Rights said the unexplained dismissal only highlighted why the initiative was needed. “This outcome reinforces why the Arkansas Ballot Measure Rights Amendment it so necessary,” the group said in a press statement. “The ballot measure process has never faced a greater threat than it does now. Subject to the whims of politicians and power-hungry officials, the citizen-led petition process and the constitutional rights of every Arkansan remain at risk.”
The group also pledged to continue its efforts going forward.
The decision comes just a month after a federal judge struck down several Arkansas laws that made passing ballot initiatives harder.
This report was updated after publication with comment from Protect AR Rights.