Nevada County Picayune and Gurdon Times Newspaper Archive

Legislators Gather to Choose Constitution Delegates

Members of the Arkansas General Assembly began the special session Tuesday to determine how delegates for the proposed constitutional convention will be selected.

According to State Representative Percy Malone, Gov. Jim Guy Tucker wants there to be 67 delegates, with 35 to be elected by the people. The remaining 32, under the governor's plan, are to be from the state house and senate, with representatives to be from the state's four congressional districts as well.

Malone said a possible mix which would differ from Tucker's plan would see 20 members of the House of Representatives as delegates, with 12 coming from the Senate. However, he said some elected officials have stated they do not want to be delegates.

"The people (of Arkansas) will vote on the delegates when they vote whether or not to have a constitutional convention," Malone said. "This is law under the current constitution."

A special election, he said, will most likely be held to determine whether or not a constitutional convention will be held. All the assembly is doing during the current session is determining how the delegates will be selected.

According to Malone, the convention, if approved by the voters, is limited to a maximum of 40 days, but could be shorter. He said the current constitution states anyone who is 21 years old, a registered voter and has lived in their senate district for at least a year can run for a delegate position. This is done on a non-partisan basis.

For those interested in becoming a delegate, Malone said they will have to collect at least 200 signatures on a petition. These signatures must be from registered voters in their senate district as well.

"This (special session) is for rules of the convention andhow to call one," Malone said. "I don't think the document (the proposed new constitution) will be discussed."

However, he did say there could be some "housecleaning" chores done at this time. Primarily, though, Gov. Tucker wants to keep the agenda limited to the convention and be out by Friday. "He wants it to be non-controversial," Malone said.

Without the participation and approval of Arkansas voters, Malone said, there will be no new state constitution. "The document won't get written and approved without the people," he said, "once it's on the ballot. If they say yes, the delegates will be assembled and they'll be able to write a new constitution any way they see fit.

"The draft proposal exists, but the delegates can change it any way they want. The people will then examine the constitution that comes from the convention and vote for it."

Malone said the most difficult part in drafting a new constitution is keeping it a constitution and not a series of new laws. "Some see it as a way to make law," he said.

The constitution, he continued, should provide direction on how city, county and state government should work, not dictate what the people will do.

"It will be interesting to hear the debates," he said of the possible convention.

Controversial items, such as a state lottery and abortion, were not touched in the draft proposal. Malone said this was done to allow the delegates to handle the situation as they see fit. "I don't believe the delegates will leave the controversial items in the constitution," he said. "People want certain things as they are."

One of the main reasons for changing the constitution, aside from the recent lawsuit filed by Jack Foster of Pine Bluff on county sales taxes, is the document is hard to read and understand. Malone said the language will be cleaned up to make it morereadable, most likely. In addition, the draft allows for five items (amendments) to be on the ballot per election instead of the current three.

Some of the proposed changes would allow for the non-partisan election of judges; changing municipal courts to district courts; and merging circuit courts and chancery courts to courts of general jurisdiction. This way one court would handle the work from both circuit and chancery courts.

Changes which would drastically affect cities and counties would include quorum courts being changed to boards of county commissioners with the justices of the peace being county commissioners. County judges would become county executive officers under the changes, and coroners and surveyors would be eliminated from the list of county officers.

Cities would see more "home rule", or powers not denied by constitution to municipalities.

County voters would be able to vote on whether or not county officials would serve four year terms.

Local governments would be allowed to borrow money (purchase bonds) for capital improvements in deteriorating areas using increases in assessed property taxes to pay for the bonds.

Local governments would also be allowed to enter into five-year equipment leases, and similar modern business transactions within limitations; and the document clarifies taxing limitations on ad valorem property taxes only.

(Some of the text at this point was garbled from the file transfer)

"It will be interesting to see how it all works out," Malone said.

Malone said a possible mix which would differ from Tucker's plan would see 20 members of the House of Representatives as delegates, with 12 coming from the Senate. However, he said some elected officials have stated they do not want to be delegates.

"The people (of Arkansas) will vote on the delegates when they vote whether or not to have a constitutional convention," Malone said. "This is law under the current constitution."

A special election, he said, will most likely be held to determine whether or not a constitutional convention will be held. All the assembly is doing during the current session is determining how the delegates will be selected.

According to Malone, the convention, if approved by the voters, is limited to a maximum of 40 days, but could be shorter. He said the current constitution states anyone who is 21 years old, a registered voter and has lived in their senate district for at least a year can run for a delegate position. This is done on a non-partisan basis.

For those interested in becoming a delegate, Malone said they will have to collect at least 200 signatures on a petition. These signatures must be from registered voters in their senate district as well.

"This (special session) is for rules of the convention andhow to call one," Malone said. "I don't think the document (the proposed new constitution) will be discussed."

However, he did say there could be some "housecleaning" chores done at this time. Primarily, though

(The rest of this article was lost . . . )