Page 26 - ATR 5 2020 digital

be collecting signatures during the
winter. He said a private company
should not be given a monopoly in
the Constitution, and no amendment
“PEOPLE HAVEN’T DEMANDED THAT THEY GO BACK. should specify actions taken in a
WHO ARE THEY REPRESENTING RIGHT NOW? … THIS particular county. Both of those were

IS A LIFETIME POLITICIAN AMENDMENT WHERE THEY part of a casino gaming amendment
passed by voters in 2018. But neither of
DON’T HAVE TO GO AWAY.” those situations would be addressed by
this proposed amendment.
—TIM JACOB, A LONGTIME TERM LIMITS ACTIVIST In fact, well-funded special interest
groups would still be able to meet the
amendment’s thresholds, Couch said,
while grassroots citizen groups would
not.
“They have a right to do that,” he their opponents — raised and spent Couch is representing Tom Steele
said. “We don’t want to preclude that. millions of dollars only to have the with Arkansas Term Limits in a lawsuit
But we don’t want to be an easy mark Arkansas Supreme Court disqualify to keep both Issue 2 and Issue 3 off the
where they only have to use a fifth or the measure shortly before early voting ballot. They’re arguing that the ballot
less of our counties. We want them to began. Also, he said making it harder titles are misleading and insufficient.
go to the majority of our counties, see if to amend the Constitution might They also say Issue 3 contains unrelated
Arkansans really want to do that.” encourage the Legislature to make provisions, the same issue the Supreme
Pitsch said a Constitution should decisions statutorily rather than asking Court used to disallow the tort reform
be changed only for very important the voters to decide. effort. Pulaski County Circuit Judge
reasons, but Arkansas’ has been Also supporting Issue 3 is a ballot Mary McGowan declined Sept. 9 to
amended 100 times. issue group, Arkansans for Arkansans, remove the two from the ballot, but
The measure is supported by organized by the Republican Party of they have appealed the decision to the
Arkansas Farm Bureau and the Arkansas Arkansas. Democratic Party of Arkansas Supreme Court, who ultimately ruled
State Chamber of Commerce, two of the Chairman Michael John Gray said the on Oct. 16 that the votes for both Issue
state’s most powerful business entities. party has not taken an official stance, 2 and 3 will be counted.
Chamber President and CEO Randy but Democrats are generally opposed.
Zook said his organization is focused David Couch, an attorney who EYE SURGERY VOTES WON’T BE
on Issue 1, the half-cent sales tax for sponsored voter-led ballot initiatives COUNTED THIS TIME
highways, but it will contribute to a that raised the minimum wage and A fourth proposed amendment
late-organizing campaign to support legalized medical marijuana, said the initiated by citizens will appear
Issue 3. He believes up to half a million amendment’s real purpose is to prevent on the ballot, but the votes will
dollars will be raised, mostly for social citizens from drafting ballot issues. not be tabulated. Supported by
media efforts. The message will be that He said the General Assembly since ophthalmologists, it would have
the Constitution should be tougher to 2013 has been trying to make it harder repealed a new state law allowing
change. for citizens to exercise a right that is optometrists to perform certain eye
“Frankly, I’ve been pleasantly explicitly contained in the Arkansas surgeries. The Supreme Court ruled
surprised at the number of people who Constitution. Sept. 17 that supporters had failed to
are making statements (saying), well, “They don’t want people to vote certify that signature gatherers had
at long last somebody’s going to make it on people-referred constitutional “passed” criminal background checks,
tougher to put some of these ridiculous amendments,” he said. as required under state law. Instead,
proposals on the ballot that we’ve just Couch said he has “no problem they certified that they had “acquired”
had a spate of over the last few years, making it a little bit more difficult” to them. On Sept. 24, Judge McGowan
especially,” he said. amend the Constitution — for example, ruled that law unconstitutional, saying
Zook said the proposal’s earlier increasing the number of required it cannot be complied with. The state
deadlines would prevent a repeat of counties from 15 to 30. But increasing has appealed.
what happened with a tort reform effort the number to 45 will make it too hard Regardless, the rulings have come
in 2016. That year, business groups for citizen groups to get measures on too late to remove the amendment from
including the State Chamber and the the ballot, and moving the deadline the ballot and too late for the votes to
Arkansas Trucking Association — and to Jan. 15 would mean they would be counted. ATR

26 Issue 5 2020 | ARKANSAS TRUCKING REPORT