Here’s A Brief Overview of Why the Arkansas Abortion Amendment Petitions Were Disqualified

On Wednesday the Arkansas Secretary of State’s office disqualified all of the petitions for the Arkansas Abortion Amendment. The disqualification means the petition signatures cannot be used to place the abortion amendment on the November ballot.

In a letter on Wednesday, the Secretary of State indicated his office rejected the petitions for failing to comply with a state law that former Arkansas Governor Mike Beebe signed in April of 2013.

The letter noted that the sponsors did not file a statement identifying the paid canvassers who collected signatures for the abortion measure, as required by state law.

The letter also indicated the sponsors failed to file a signed statement verifying that each paid canvasser was provided a copy of the most recent edition of the Secretary of State’s initiative and referenda handbook and given an explanation of Arkansas’ legal requirements for obtaining petition signatures.

In 2013 the Arkansas Legislature passed Act 1413 by former Sen. Keith Ingram (D – West Memphis) and former Rep. John Vines (D – Hot Springs) amending state laws concerning ballot initiatives and paid petition canvassers.

As the Secretary of State’s letter notes, Act 1413 requires a ballot initiative’s sponsor to list any paid canvassers employed in collecting signatures, and it requires them to file a statement confirming that each paid canvassers was given a copy of the state’s initiative and referenda handbook as well as an explanation of relevant state laws before he or she solicited petition signatures.

Act 1413 of 2013 passed with overwhelming support in the Arkansas House and Arkansas Senate. The law was challenged in court, but the Arkansas Supreme Court upheld it in 2015. Act 1413 has been on the books ever since.

This is the first time Family Council is aware of that a ballot initiative was disqualified because its sponsors failed to properly comply with Act 1413 of 2013.

While the abortion measure has been disqualified for failing to comply with state law, legal experts have pointed out the Arkansas Abortion Amendment would prevent the State of Arkansas from restricting abortion during the first five months of pregnancy — which is more extreme than Roe v. Wade — and would allow thousands of elective abortions on healthy women and unborn children every year.

The measure also contains various exceptions that would permit abortion on demand through all nine months of pregnancy in many cases.

The amendment does not contain any medical licensing or health and safety standards for abortion, and it does not require abortions to be performed by a physician or in a licensed medical facility.

It also nullifies all state laws that conflict with the amendment, jeopardizing basic abortion regulations — like parental-consent and informed-consent requirements that both sides of the aisle have supported in the past.

On Wednesday Arkansans for Limited Government — the group sponsoring the abortion amendment — posted on X that it had received the Secretary of State’s letter and said, “We will send out a statement when we have decided on a path forward.”

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

Abortion Amendment Group Hired 265 Canvassers to Collect Signatures

Public documents obtained from the Secretary of State’s office show the group backing the Arkansas Abortion Amendment paid 265 canvassers to collect signatures in support of the measure.

The amendment by Arkansans for Limited Government would write abortion into the state constitution. The group submitted some 101,525 signatures to place the measure on the ballot on Friday. The Secretary of State is currently reviewing and counting the signatures to determine if they are valid.

Arkansans for Limited Government submitted documents to the Secretary of State showing the group employed 265 paid petition canvassers over the course of the signature campaign — including more than 70 paid canvassers hired within 48 hours of the July 5 deadline to submit petitions for the abortion measure.

Under Arkansas law, paid petition canvassers must be residents of Arkansas. They must pass a criminal background check, and their information must be properly recorded with the Secretary of State’s office.

Legal experts have pointed out the abortion amendment would prevent the State of Arkansas from restricting abortion during the first five months of pregnancy — which is more extreme than Roe v. Wade — and would allow thousands of elective abortions on healthy women and unborn children every year.

The amendment does not contain any medical licensing or health and safety standards for abortion, and it does not require abortions to be performed by a physician or in a licensed medical facility.

It automatically nullifies all state laws that conflict with the amendment, jeopardizing basic abortion regulations — like parental-consent and informed-consent requirements that both sides of the aisle have supported in the past.

The measure also contains various exceptions that would permit abortion on demand through all nine months of pregnancy in many cases.

Articles appearing on this website are written with the aid of Family Council’s researchers and writers.

Legal Group Warns Abortion Amendment Would Create “Constitutional Crisis in Arkansas,” Turn the State into an “Abortion Destination”

Above: Pro-life volunteers hold signs explaining the Arkansas Abortion Amendment is more extreme than Roe v. Wade.

Legal experts specializing in abortion policy say the Arkansas Abortion Amendment could create a “constitutional crisis in Arkansas” and turn the state into an “abortion destination” in America.

The amendment touted by Arkansans for Limited Government would write abortion into the state constitution. The group hired more than 150 petition canvassers in support of the amendment, and submitted some 101,525 signatures to place the measure on the ballot on Friday.

On Monday, Family Council obtained a legal analysis of the abortion measure from Americans United for Life.

The analysis identified multiple problems with the amendment, including how the abortion amendment would:

  • Give abortionists “free rein to operate without any health and safety restrictions.”
  • Authorize abortion on demand during the first five months of pregnancy.
  • Lead to the elimination of protections for women, minor girls, and unborn children.
  • Turn Arkansas into an “abortion destination” in America.

The analysis says,

Arkansas is currently the safest state in the nation for children in the womb. The Amendment would place Arkansas in the company of such nations as China, North Korea, and a handful of other nations who do not protect life at or prior to three months. . . .

The Amendment authorizes abortion-on-demand through five months of pregnancy (and through nine months in some cases), threatens to eliminate protections for women’s welfare and parental involvement laws, gives abortionists free rein to operate clinics without health and safety regulations, increases the number of coerced abortions in Arkansas, furthers the harmful and false narrative that abortion is necessary for women to have equality and success in America, and attempts to silence the voices of women harmed by abortion. The Amendment allows abortion activists to turn the life-affirming state of Arkansas into an abortion destination that endangers the health and safety of its residents both inside and outside the womb.

Americans United for Life is a nationwide legal organization whose mission is to “advance the human right to life in culture, law, and policy.”

You can download the legal analysis here.