Arkansas Code Annotated

Ark. Code Ann. § 7-9-111 (2026)

Determination of sufficiency of petition — Corrections

✓ current as of May 2026

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The Secretary of State shall ascertain and declare the sufficiency or insufficiency of the signatures submitted on each statewide initiative petition and each statewide referendum petition within thirty (30) days after it is filed.
The Secretary of State may contract with the various county clerks for their assistance in verifying the signatures on petitions. The county clerk shall return the petitions to the Secretary of State within ten (10) days.
If the statewide initiative petition or statewide referendum petition is found to be sufficient, the Secretary of State shall certify and record the finding and perform such other duties relating thereto as are required by law.
1. If the signatures submitted on a statewide initiative petition or statewide referendum petition are found to be insufficient, the Secretary of State shall forthwith notify the sponsors in writing, through their designated agent, and shall set forth his or her reasons for so finding. When the notice is delivered, the sponsors shall have thirty (30) days in which to do any or all of the following:
  1. Solicit and obtain additional signatures; or
  2. Submit proof to show that the rejected signatures or some of them are good and should be counted.
2. Any amendments and corrections shall not materially change the purpose and effect of the statewide initiative petition or statewide referendum petition. No change shall be made in the measure.
3. The Secretary of State shall ascertain and declare the sufficiency or insufficiency of additional signatures submitted by the sponsors under this subsection within thirty (30) days of the filing of the supplemental petitions.
1. To assist the Secretary of State in ascertaining the sufficiency or insufficiency of each statewide initiative petition and each statewide referendum petition, all county clerks shall furnish at cost to the Secretary of State a single alphabetical list of all registered voters in their respective counties. The list shall be provided at least four (4) months before the election, and an updated list shall be provided at cost by September 1 in the year of the election. The list shall include the date of birth of each registered voter.
2. The State Board of Election Commissioners, upon the request of the county clerk, may grant a waiver from this provision if the board determines that the county clerk is unable to provide the list within the time required.
1. A person filing statewide initiative petitions or statewide referendum petitions with the Secretary of State shall bundle the petitions by county and shall file an affidavit stating the number of petitions and the total number of signatures being filed.
2. If signatures were obtained by paid canvassers, the person filing the petitions under this subsection shall also submit the following:
  1. A statement identifying the paid canvassers by name; and
  2. A statement signed by the sponsor indicating that the sponsor:
    1. Provided a copy of the most recent edition of the Secretary of State's initiatives and referenda handbook to each paid canvasser before the paid canvasser solicited signatures; and
    2. Explained the requirements under Arkansas law for obtaining signatures on an initiative or referendum petition to each paid canvasser before the paid canvasser solicited signatures.
All county initiative and referendum elections shall be held in accordance with the provisions of § 14-14-917.
Municipal referendum petition measures shall be submitted to the electors at a regular general election unless the petition expressly calls for a special election. If the date set by the petition does not allow sufficient time to comply with election procedures, then the city or town council shall fix the date for any special election on the referendum measure. The date of any special election shall be set in accordance with § 7-11-201 et seq. but in no event more than one hundred twenty (120) calendar days after the date of certification of sufficiency by the municipal clerk.
1. When a statewide initiative petition or statewide referendum petition is submitted to the Secretary of State for determination of the sufficiency of the signatures, the Secretary of State shall submit the ballot title and popular name of the proposed measure to the board for certification as required by Arkansas Constitution, Article 5, § 1.
2. The board shall determine whether to certify the ballot title and popular name submitted for a proposed measure within thirty (30) days after the ballot title and popular name are submitted by the Secretary of State under subdivision (i)(1) of this section.
3. If the board determines that the ballot title and popular name, and the nature of the issue, is presented in a manner that is not misleading and not designed in such a manner that a vote “FOR” the issue would be a vote against the matter or viewpoint that the voter believes himself or herself to be casting a vote for, or, conversely, that a vote “AGAINST” an issue would be a vote for a viewpoint that the voter is against, the ballot title and popular name of the statewide initiative petition or statewide referendum petition shall be certified to the Secretary of State to be placed upon the ballot if the signatures on the statewide initiative petition or statewide referendum petition are determined to be sufficient.
4. 1. If the board determines that the ballot title or popular name, or the nature of the issue, is presented in such a manner that the ballot title or popular name would be misleading or designed in such manner that a vote “FOR” the issue would be a vote against the matter or viewpoint that the voter believes himself or herself to be casting a vote for, or, conversely, that a vote “AGAINST” an issue would be a vote for a viewpoint that the voter is against, the board of shall:
    1. Not certify the ballot title and popular name;
    2. 1. Notify the sponsors in writing, through their designated agent, that the ballot title and popular name were not certified and set forth its reasons for so finding.
      2. If the ballot title and popular name are not certified, the sponsor shall not submit a redesigned ballot title or popular name to the board; and
    3. Notify the Secretary of State that the ballot title and popular name were not certified.
  2. If the ballot title and popular name are not certified under subdivision (i)(4)(A) of this section, the Secretary of State shall declare the proposed measure insufficient for inclusion on the ballot for the election at which the statewide initiative petition or statewide referendum petition would be considered.

History. Acts 1943, No. 195, § 5; A.S.A. 1947, § 2-210; Acts 1989, No. 280, § 5; 1991, No. 1094, § 1; 1991, No. 1153, § 1; 1997, No. 646, § 7; 1997, No. 1145, § 1; 2005, No. 2145, § 15; 2007, No. 1049, § 30; 2009, No. 1480, § 46; 2013, No. 1413, §§ 13-15; 2015, No. 1219, § 2; 2019, No. 376, § 9.

Amendments. The 2009 amendment substituted “§ 7-11-201 et seq.” for “§ 7-5-103(b)” in the last sentence of (h).

The 2013 amendment added (a)(3), (d)(3) and (f)(2).

The 2015 amendment deleted former (a)(3).

The 2019 amendment redesignated former (a)(1) as (a); inserted “the signatures submitted on” in (a); substituted “statewide initiative petition and each statewide referendum petition” for “initiative and referendum petition” in (a) and made similar changes throughout the section; redesignated former (a)(2) as (b), and deleted former (b); substituted “signatures submitted on a statewide initiative petition or statewide referendum petition are” for “petition is” in the introductory language of (d)(1); deleted (d)(1)(C); deleted “except to correct apparent typographical errors or omissions” at the end of (d)(2); added (i); and made stylistic changes.

Research References

Ark. L. Rev.

Lauren G. Summerhill, Legislative Note: Hugh Jazz Supports the Scholarship Lottery: The Arkansas General Assembly Wrecks the Right to Ballot Initiative with Act 1413, 67 Ark. L. Rev. 781 (2014).

Case Notes

Constitutionality.

Statutory provisions added by Acts 2013, No. 1413, requiring that petitions containing signatures from paid canvassers be submitted with statements identifying the paid canvassers by name and providing information did not violate the right of equal protection. McDaniel v. Spencer, 2015 Ark. 94, 457 S.W.3d 641 (2015).

Former subdivision (a)(3) of this section (now deleted), which provided that after a petition was filed, a canvasser was not to circulate a petition, or collect, solicit, or obtain any additional signatures for the filed petition until the Secretary of State determined the sufficiency of the petition, was an unwarranted restriction on the right to circulate a petition and thus violated Ark. Const. Art. 5, § 1 (subdivision (a)(3) was deleted after this decision). McDaniel v. Spencer, 2015 Ark. 94, 457 S.W.3d 641 (2015).

Construction.

The provisions of elections laws are mandatory if enforcement is sought before the election and directory if not raised until after the election. Donn v. McCuen, 303 Ark. 415, 797 S.W.2d 455 (1990).

Pursuant to this section and the statutory definitions of “sponsor”, “person”, and “ballot question committee”, the corporation as sponsor had standing to invoke the Arkansas Supreme Court's jurisdiction. Ark. Hotels & Entm't, Inc. v. Martin, 2012 Ark. 335, 423 S.W.3d 49 (2012).

Purpose.

The statutory requirements for qualifying as candidates are designed so that other pertinent election procedures can be timely met. Donn v. McCuen, 303 Ark. 415, 797 S.W.2d 455 (1990).

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.).

Extension for Securing Additional Signatures.

A petition proposing a constitutional amendment must prima facie contain a sufficient number of signatures, and the 30-day period allowed in this section for securing additional names did not permit the filing of a petition which, on its face, had far less than the required number of signatures. Dixon v. Hall, 210 Ark. 891, 198 S.W.2d 1002 (1946).

Secretary of State was authorized to allow 30 days' extension for securing signatures where required signatures were obtained, but investigation showed some signatures were not valid. Ellis v. Hall, 219 Ark. 869, 245 S.W.2d 223 (1952).

Under Ark. Const. Art. 5, § 1 and subsection (d) of this section, a petition had to on its face contain, at the time of the filing, the required signatures, and in order to qualify for additional time, the petition had to contain a sufficient number of signatures pursuant to the state-wide and county-wide requirement, before the thirty-day provision to correct deficiencies applied; the corporation failed to provide the court with any evidence of the validity of its petition. Ark. Hotels & Entm't, Inc. v. Martin, 2012 Ark. 335, 423 S.W.3d 49 (2012).

Unqualified Signers.

In an action attacking the sufficiency of a petition to initiate a constitutional amendment prohibiting pari-mutuel betting, it was not a basis for annulling an entire initiative petition counterpart that a fifth of the signers were not qualified electors; this section applies to the secretary of state alone and contemplates flagrant defects that should have been known to the canvasser. Bragg v. Hall, 226 Ark. 906, 294 S.W.2d 763 (1956).

Cited: Citizens to Establish a Reform Party v. Priest, 970 F. Supp. 690 (E.D. Ark. 1996); Benca v. Martin, 2016 Ark. 359, 500 S.W.3d 742 (2016).

Notes of Decisions

Cited in 11 cases, 1990–2016 · leading case: Kinchen v. Wilkins, 238 S.W.3d 94 (Ark. 2006).

Sort: Relevance Newest Treatment

Kinchen v. Wilkins, 238 S.W.3d 94 (Ark. 2006). · cites it 20× “The dissent opines that the trial court lacked authority to enjoin the October 11, 2005 special election because Ark. Code Ann. § 7-9-111 (h)(1) (Supp.2005) mandates that the referendum petition be submitted at the next regular general election.”

Benca v. Martin, 2016 Ark. 359 (Ark. 2016). · cites it 12× “From that report, Benca presents six points asserting that the signatures accepted by respondent should not be counted because (1) the Sponsor intervenor failed to comply with Ark. Code Ann. § 7-9-111 (f)(2) (Supp. 2015); (2) paid canvassers collected signatures 2 Cite as 2016…”

McDaniel v. Spencer, 2015 Ark. 94 (Ark. 2015). · cites it 14× “Ark. Code Ann. § 7-9-111 (f)(2)(A) (Supp.”

Arkansas Hotels & Ent., Inc. v. Martin, 423 S.W.3d 49 (Ark. 2012). · cites it 11× “In interpreting Article 5, § 1 (Amendment 7) and Ark.Code Ann. § 7-9-111, we hold that, in order to qualify for additional time, the petition must first, on its face, contain a sufficient number of signatures pursuant to both the state-wide and fifteen-county requirement, before…”

Roberts v. Priest, 20 S.W.3d 376 (Ark. 2000). · cites it 4× “Moreover, we have previously held that the thirty-day cure period provided in Ark.Code Ann. § 7-9-111 (Repl.2000) applies only in the case of an adverse action on the part of the Secretary of State and has no application to original actions in this court.”

Roberts v. Priest, 975 S.W.2d 850 (Ark. 1998). · cites it 4× “In response to the intervenors' counterclaim, the petitioner conceded that the intervenors should be permitted to submit proof that the Secretary of State should have counted previously rejected signatures but denied that the intervenors have suffered any unconstitutional denial…”

Roberts v. Priest, 973 S.W.2d 797 (Ark. 1998). · cites it 5× “On this point, intervenors cite to Ark. Code Ann. § 7-9-111 (Repl. 1993), which provides the procedures the Secretary of State must follow when ascertaining and declaring the sufficiency or insufficiency of any initiative petition.”

Stephens v. Martin, 2014 Ark. 442 (Ark. 2014). · cites it 4× “Ark. Code Ann. § 7-9-111 (b). 5 . We note that Stephens's challenge appears to be, and the master found -it was, limited to the initial submission of signatures on July 7.”

Citizens to Establish Reform Party v. Priest, 970 F. Supp. 690 (E.D. Ark. 1996). · cites it 2× “With regard to initiative and referendum petitions, Ark.Code Ann. § 7-9-111(d)(1) provides that if such petition is found to be insufficient, the Secretary of State shall notify the sponsors of the petition in writing of the reasons for such insufficiency.”

Hoyle v. Priest, 59 F. Supp. 2d 827 (W.D. Ark. 1999). · cites it 2× “ArkCode Ann. § 7-9-111 (Supp. 1997). Initiative petitions must be filed with the Secretary of State not less than four months before the election in which they are to be considered by the voters.”

Donn v. McCuen, 797 S.W.2d 455 (1990). “Ark. Code Ann. § 7-9-111 (d)(1). If the Secretary of State fails or refuses to examine and file the petition within this time period, the qualifying candidate has fifteen days to apply for a writ of mandamus to compel the officer to certify the sufficiency of the petition.”

— Ark. Code Ann. § 7-9-111(a)(3) — 1 case

McDaniel v. Spencer, 2015 Ark. 94 (Ark. 2015). “Ark. Code Ann. § 7-9-111 (f)(2)(A) (Supp.”

— Ark. Code Ann. § 7-9-111(d) — 2 cases

Arkansas Hotels & Ent., Inc. v. Martin, 423 S.W.3d 49 (Ark. 2012). “In interpreting Article 5, § 1 (Amendment 7) and Ark.Code Ann. § 7-9-111, we hold that, in order to qualify for additional time, the petition must first, on its face, contain a sufficient number of signatures pursuant to both the state-wide and fifteen-county requirement, before…”

Roberts v. Priest, 973 S.W.2d 797 (Ark. 1998). “On this point, intervenors cite to Ark. Code Ann. § 7-9-111 (Repl. 1993), which provides the procedures the Secretary of State must follow when ascertaining and declaring the sufficiency or insufficiency of any initiative petition.”

— Ark. Code Ann. § 7-9-111(d)(1) — 3 cases

Citizens to Establish Reform Party v. Priest, 970 F. Supp. 690 (E.D. Ark. 1996). “With regard to initiative and referendum petitions, Ark.Code Ann. § 7-9-111(d)(1) provides that if such petition is found to be insufficient, the Secretary of State shall notify the sponsors of the petition in writing of the reasons for such insufficiency.”

— Ark. Code Ann. § 7-9-111(f) — 1 case

McDaniel v. Spencer, 2015 Ark. 94 (Ark. 2015). “Ark. Code Ann. § 7-9-111 (f)(2)(A) (Supp.”

— Ark. Code Ann. § 7-9-111(f)(2) — 1 case

Benca v. Martin, 2016 Ark. 359 (Ark. 2016). “From that report, Benca presents six points asserting that the signatures accepted by respondent should not be counted because (1) the Sponsor intervenor failed to comply with Ark. Code Ann. § 7-9-111 (f)(2) (Supp. 2015); (2) paid canvassers collected signatures 2 Cite as 2016…”

— Ark. Code Ann. § 7-9-111(h)(1) — 1 case

Kinchen v. Wilkins, 238 S.W.3d 94 (Ark. 2006). “The dissent opines that the trial court lacked authority to enjoin the October 11, 2005 special election because Ark. Code Ann. § 7-9-111 (h)(1) (Supp.2005) mandates that the referendum petition be submitted at the next regular general election.”

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