Ark. Code Ann. » Title 7 Chapter 09
Arkansas Code Annotated

Ark. Code Ann. § 7-9-101 (2026)

Definitions

✓ current as of May 2026
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As used in this subchapter:

  1. “Act” means an act having general application throughout the state, whether originating in the General Assembly or proposed by the people;
  2. “Amendment” means an amendment to the Arkansas Constitution that is proposed by the people;
  3. “Canvasser” means a person who circulates an initiative or referendum petition or a part or parts of an initiative or referendum petition to obtain the signatures of petitioners thereto;
  4. “Election” means a regular general election at which state and county officers are elected for regular terms;
  5. “Measure” means an amendment, an act, or an ordinance;
  6. “Ordinance” means an ordinance of a municipality or county, whether originating in the legislative body of the municipality or county or proposed by the people;
  7. “Petition part” means a petition signature sheet containing the information required under § 7-9-104 or § 7-9-105;
  8. “Petitioner” means a person who signs an initiative or referendum petition ordering a vote on a measure;
  9. “Registered voter” means a person who is registered at the time of signing the petition pursuant to Arkansas Constitution, Amendment 51; and
  10. “Sponsor” means a person who arranges for the circulation of an initiative or referendum petition or who files an initiative or referendum petition with the official charged with verifying the signatures.

History. Acts 1943, No. 195, § 1; A.S.A. 1947, § 2-201; Acts 1997, No. 646, § 1; 2013, No. 1413, § 2.

Amendments. The 2013 amendment deleted “and referred acts” at the end of (1); in (2), substituted “an” for “any proposed”, “that is” for “whether”, and deleted “General Assembly or by the” preceding “people”; deleted (5) and redesignated former (6) as present (5); rewrote present (5), (8), and (10); inserted (6), (7) and (9) and redesignated the remaining subsections accordingly.

Case Notes

Measure.

Under subdivision (1) of this section, “measure” applied to acts having general application throughout the state, and this definition did not conflict with the definition of measure found in Amendment 7 to Ark. Const. art. 5, § 1; thus there was no conflict between subdivision (1) and § 7-9-106(b), which requires that a copy of the measure be attached to every petition for the referendum. Kyzar v. City of W. Memphis, 360 Ark. 454, 201 S.W.3d 923 (2005).

Registered Voter.

Trial court erred in dismissing appellants' complaint challenging the validity of the certification of a “wet/dry” initiative petition for placement upon a ballot at a general election because Ark. Const., Amend. 51, § 9(c)(1), Ark. Const., Art. 5, § 1, and former subdivision (5) of this section, defining “legal voter”, did not allow persons to sign the petition before they became registered voters. Mays v. Cole, 374 Ark. 532, 289 S.W.3d 1 (2008) (definition was renamed “Registered voter” in 2013).

Notes of Decisions
Cited in 15 cases (3 in the last 5 years), 1998–2024 · leading case: Kyzar v. City of West Memphis, 201 S.W.3d 923 (Ark. 2005).
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Kyzar v. City of West Memphis, 201 S.W.3d 923 (Ark. 2005). · cites it 14× “” Ark. Code Ann. § 7-9-101 (1) and (2) (Repl.”
Becky Lewallen, in Her Off. Capacity as Washington Cnty. Clerk v. Progress for Cane Hill, a Local-Option Ballot Question Comm., 2024 Ark. 167 (Ark. 2024). · cites it 22× “The text of the Local Option Code is clear: “[e]xcept as provided in this section, a petition for local option election shall be governed by § 7-9-101 et seq.”
Ward v. Priest, 86 S.W.3d 884 (Ark. 2002). · cites it 4× “" Ark. Code Ann. § 7-9-101 (8) (Repl.2000).”
Kinchen v. Wilkins, 238 S.W.3d 94 (Ark. 2006). · cites it 4× “2005) provides a form for a petition and order of referendum, which an interested voter can circulate for legal electors to sign in order to have the ordinance or measure placed on the ballot. Of particular relevance to the case now before us, § 7-9-105(a) provides that an…”
Benca v. Martin, 2016 Ark. 359 (Ark. 2016). · cites it 4× “See Ark. Code Ann. §§ 7-9-101 et seq. (Repl. 2011 & Supp.”
Mays v. Cole, 289 S.W.3d 1 (Ark. 2008). · cites it 4× “” Ark. Code Ann. § 7-9-101 (5) (Repl. 2007).”
Roberts v. Priest, 975 S.W.2d 850 (Ark. 1998). · cites it 4× “Pursuant to Ark. Code Ann. § 7-9-101 (8) (Supp. 1997), a “legal voter” is a person who is registered at the time of signing the petition pursuant to Ark.”
Jennifer McGill, Individually & on Behalf of the Arkansas Canvassing Compliance Comm.; & Cherokee Nation Ent., LLC v. John Thurston, in His Capacity as Arkansas Sec'y of State Local Voters in Charge, a Ballot Question Comm.; & Jim Knight, Individually & on Behalf of Local Voters in Charge Intervenors, 2024 Ark. 146 (Ark. 2024). · cites it 4× “” Ark. Code Ann. § 7-9-101 (10) (Repl. 2018).”
Richardson v. Martin, 2014 Ark. 429 (Ark. 2014). · cites it 3× “§§ 7-9-101 to -126 (Repl. 2011 & Supp. 2013).”
Keep Our Dollars in Indep. Cnty. v. Mitchell, 2017 Ark. 154 (Ark. 2017). “(e) Except as provided in this section, a petition for local option election shall be governed by § 7-9-101 et seq. and the Disclosure Act for Initiative Proceedings, § 3-8-701 et seq.”
Zook v. Martin, 557 S.W.3d 880 (Ark. 2018). · cites it 2× “First, Act 1413, Ark. Code Ann. §§ 7-9-101 et seq., specifically, the plain language of the pertinent parts of Ark.”
Arkansas Hotels & Ent., Inc. v. Martin, 423 S.W.3d 49 (Ark. 2012). “Arkansas Code Annotated sections 7-9-101 to -506 (Repl.2011) govern Initiatives, Referenda, and Constitutional Amendments and provide the procedures for initiative approval and placement on the ballot.”
Show all 15 citing cases →
— Ark. Code Ann. § 7-9-101(10) — 1 case
Bill Paschall, Individually & on Behalf of Arkansans for Patient Access, a Ballot Question Comm. v. John Thurston, in His Capacity as Arkansas Sec'y of State, & Jim Bell, Individually & on Behalf of Protect Arkansas Kids, a Ballot Question Comm., Intervenor, 2024 Ark. 155 (Ark. 2024).
— Ark. Code Ann. § 7-9-101(3) — 1 case
Becky Lewallen, in Her Off. Capacity as Washington Cnty. Clerk v. Progress for Cane Hill, a Local-Option Ballot Question Comm., 2024 Ark. 167 (Ark. 2024). “The text of the Local Option Code is clear: “[e]xcept as provided in this section, a petition for local option election shall be governed by § 7-9-101 et seq.”
— Ark. Code Ann. § 7-9-101(5) — 1 case
Mays v. Cole, 289 S.W.3d 1 (Ark. 2008). “” Ark. Code Ann. § 7-9-101 (5) (Repl. 2007).”
— Ark. Code Ann. § 7-9-101(8) — 3 cases
Roberts v. Priest, 975 S.W.2d 850 (Ark. 1998). “Pursuant to Ark. Code Ann. § 7-9-101 (8) (Supp. 1997), a “legal voter” is a person who is registered at the time of signing the petition pursuant to Ark.”
Hoyle v. Priest, 59 F. Supp. 2d 827 (W.D. Ark. 1999).
John Hoyle v. Sharon Priest, 265 F.3d 699 (8th Cir. 2001).
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