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

Ark. Code Ann. § 7-9-110 (2026)

Designation of number and popular name

✓ current as of May 2026
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  1. The popular name of each state measure shall be the popular name provided by the sponsor under § 7-9-107, and the number of the measure on the ballot shall be designated as provided in § 7-9-116.
  2. In all legal notices and publications affecting a measure, the measure shall be identified by both the designated number and popular name.

History. Acts 1933, No. 71, §§ 1, 2; Pope's Dig., §§ 1772, 1773; A.S.A. 1947, §§ 2-209, 2-214; Acts 1993, No. 512, § 9; 2009, No. 281, § 1; 2013, No. 1413, § 12; 2019, No. 376, § 8.

Amendments. The 2009 amendment deleted (a)(1).

The 2013 amendment rewrote the section.

The 2019 amendment substituted “the popular name provided by the sponsor under” for “designated as provided in” in (a).

Case Notes

Effective Date of 2019 Amendment.

Emergency clause of Acts 2019, No. 376 was defective where the stated basis was “to avoid confusion in petition circulation”; Act 376 added additional requirements for getting a referendum on the election ballot, and the prospect of affording those who seek to file a ballot petition additional notice of new requirements for that petition, especially when the people would not be voting on any such initiatives or referenda for at least another 15 months, did not amount to an emergency under Ark. Const., Art. 5, § 1. Safe Surgery Ark. v. Thurston, 2019 Ark. 403, 591 S.W.3d 293 (2019) (sub. op.).

As the emergency clause of Acts 2019, No. 376 was ineffective and Act 376’s new requirements were not in effect at the time petitioner filed its proposed referendum and supporting signatures, mandamus was granted directing the Secretary of State to address petitioner's referendum filings (seeking a referendum on Acts 2019, No. 579) under the pre-Act 376 legal framework for initiatives and referenda. Safe Surgery Ark. v. Thurston, 2019 Ark. 403, 591 S.W.3d 293 (2019) (sub. op.).

Popular Name.

The popular name actually serves the constitutional requirement of submission in a manner enabling the voters to vote on proposed amendments separately and it is a device useful to facilitate voter discussion prior to election, and it need not contain detailed information or include exceptions which might be required of a ballot title. Chaney v. Bryant, 259 Ark. 294, 532 S.W.2d 741 (1976).

Notes of Decisions
Cited in 4 cases, 1988–2018 · leading case: Ferstl v. McCuen, 758 S.W.2d 398 (Ark. 1988).
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Ferstl v. McCuen, 758 S.W.2d 398 (Ark. 1988). · cites it 4× “2d 72 (1950), our constitution makes no reference to a popular name; it is merely a legislative device [Ark.Code Ann. § 7-9-110 (1987)] which is evidently useful in making it easy for voters to discuss a measure for the election.”
Forrester v. Daniels, 373 S.W.3d 871 (Ark. 2010). · cites it 2× “2, pursuant to Ark.Code Ann. § 7-9-110 (Supp.2009). Respondent then published notice of Issue No.”
Thiel v. Priest, 28 S.W.3d 296 (Ark. 2000). · cites it 2× “2 and declared (added) a popular name to the amendment as required by Ark. Code Ann. § 7-9-110 (Repl. 2000). On August 25, 2000, Brenda Thiel, an Arkansas registered voter and the President of the League of Women Voters of Arkansas, Inc.”
Martin v. Humphrey, 558 S.W.3d 370 (Ark. 2018). “In accordance with Arkansas Code Annotated § 7-9-110 (Repl. 2018), Secretary Martin designated SJR 8 as "Issue No.”
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