On March 7, Arkansas Governor Sarah Huckabee signed HB 1419, which requires statewide initiatives to include a large number of signatures from each of at least fifty counties. Arkansas has seventy-five counties.
Generally, courts have struck down county distribution requirements for all types of statewide petitions. But on August 31, 2022, the Eighth Circuit upheld Nebraska’s county distribution requirement for statewide initiatives. The vote was 2-1. The losing side did not ask for U.S. Supreme Court review, so now it is too late to overturn the Nebraska decision, Eggers v Evnen. Both Nebraska and Arkansas are in the Eighth Circuit. Thanks to Paul Jacob for the news about HB 1419.
HOW MANY FAKE PARTY HACK STOOGE PLAINTIFFS WHO RIG TO LOSE AND N-O-T APPEAL ???
AKA GAMING THE ROT SYSTEM – JUDICS BRANCH.
OUCH! Arkansas already has a difficult initiative and referendum process. This will make it even harder.
If courts generally strike down these laws, then why last year did the Eighth Circuit uphold Nebraska’s?
https://casetext.com/case/eggers-v-evnen-3
In Nebraska (Eggers v. Evnen), the requirement is 40% (two-fifths) of counties.
Now in Arkansas, the requirement is 50/75 = 67% of counties.
Presumably, people in the several most populous counties far outnumber everyone else in the state, and so should have more representatives in the state legislature. So why the hell would the state legislature pass a bill like this!?
Math 4 AR:
(hope the data is accurate!)
About 50% of Arkansans (not necessarily voters) live in the top 9 counties (out of 75).
About 60% in the top 13.
About 70% in the top 19.
The bill requires a certain number of signatures in at least 50 counties.
Seriously, how does a bill like this pass – politically?
(sorry, that’s 8, 12, and 18 counties)
Because even most of the population of the large pop counties is Republican, but it’s more overwhelming in the small rural counties. Duh …
Good. Big cities shouldn’t be able to dominate the process
If every precinct was essentially self-governed aside from national defense it would not be an issue or question at all.