Nevada County Picayune and Gurdon Times Newspaper Archive

Amendment 3 Is Best Of All

By JOHN MILLER

Proposed amendment 3 on the Nov. 5 ballot, could be one of the most beneficial of all to Arkansas voters.

This amendment would restrict last minute lawsuits to have ballot proposals removed, once they have been certified and placed on the ballot.

State Sen. Mike Ross said this amendment would put a deadline on when challenges to issues could be filed, thereby eliminating last minute appeals and suits.

In addition, he said, for those ballot titles which are successfully challenged, the Arkansas Supreme Court can simply rename the issue more appropriately and leave it on the ballot.

State Rep. Percy Malone said this will make it less cumbersome for the public to get initiatives on the ballot, as well as avoiding the legal challenges.

Malone and Ross agreed it takes the public too much work to get an item on the ballot for it to be challenged and removed at the last minute.

The two agreed the people are frustrated with such challenges, especially after the 1992 general elections when the entire slate of initiatives and amendments were literally wiped out because of last minute legal challenges.

Two of those initiatives include the 1/8 cent sales tax increase for the Arkansas Department of Parks and Tourism and Arkansas Game and Fish Commission, along with proposed gaming issues. These two issues could have been decided four years ago, but weren't because of last minute legal challenges because of their ballot titles.

Another thing Amendment 3 would do is allow the general assembly to place up to five measures on a ballot. Currently, only three issues can be placed on ballots by the legislature.

"This would put a stop to the (last minute) challenges," Malone said. "It has clearly defined procedures on how everything is to be handled in a straightforward manner for the public to get issues on the ballot."

The five measures by the legislature, Malone said, is necessary because of the state's 1874 constitution. He said there always seems to be some crisis the state is dealing with because of it, and currently, only three issues can be placed on a ballot at one time.

Ross agreed, saying while the old constitution does serve its purpose, there are issues which did not exist in 1874 being dealt with now.

However, Amendment 3 does not limit, in any way other than by ballot title, the number of issues the private sector can place on the ballot during a general election.