The Secretary of State's determination of sufficiency includes both the ballot title and the signatures.
How later courts described this case
- The Secretary of State's determination of sufficiency includes both the ballot title and the signatures.
- where proposed amendment authorizing a lottery and bingo was silent as to checks and balances of other branches of government, and Supreme Court interpreted proposed amendment as prohibiting such checks and balances, that fact must be disclosed in ballot title
- Glaze, Hays and Dudley, JJ., dissenting
Written by the judges who cited it.
Later courts went against this
Overruled in part by Stilley v. Priest, 341 Ark. 329 (2000)
We overrule Finn v. McCuen, 303 Ark. 418, 798 S.W.2d 34 (1990), and Scott v. McCuen, 289 Ark. 41, 709 S.W.2d 77 (1986), to the extent that they prevent a review of the text of a popular name and ballot title and the validity of the proposed measure prefatory to the gathering of signatures.
The opinion
Steele Hays, Justice, dissenting. I hold no brief for the proposed lottery amendment, but I believe its approval or rejection must rest with the public rather than with this court. I earnestly disagree that the provisions of Act 280 of 1989 are unconstitutional. Amendment 7, quite sensibly, makes express provision that laws may be enacted to facilitate the operation of the initiative and referendum process and that, I believe, is answer enough. We have said it is for the legislature, rather than the courts, to decide how Amendment 7 is to be implemented. Czech v. Munson, 280 Ark. 219 , 656 S.W.2d 696 (1983).
Today’s holding, at the very least, denies to the general public the power to initiate law, provident or otherwise, so plainly reserved under Amendment 7. It is clear this court has departed from the rule of liberal construction in favor of a strict and ad hoc interpretation of Amendment 7 issues. That does not bode well for initiated reform in Arkansas.
I share the views of Justices Dudley and Glaze expressed in their dissenting opinions, in which I join.