86-023

Approval of popular name and ballot title of a proposed constitutional amendment to provide for mandatory retirement of the director of athletics at the University of Arkansas at Fayetteville, and to prohibit further involvement of retired directors with the coaches at the University. 7-9-107.

Year: 1986Length: 642 wordsOfficial source

Cite as Ark. Op. Att'y Gen. 86-023

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 STEVE CLARK --7(501) 371-2007- ATTORNEY GENERAL OPINION NO. 86-23 January 30, 1986 Mr, William E. Johnson Attorney at Law P.O. Drawer 70 Hamburg, AR 71646 Dear Mr. Johnson: Pursuant to Ark. Stat. Ann. Section 2-208 (Supp. 1985), the Attorney General is required to approve and certify the popular name and bailot title of all proposed initiative or referendum — acts or amendments to the State Constitution before the ; petitions are circulated for signature. The law provides that I may substitute and certify a more suitable and correct ballot title and popular name, or, if the proposed ballot title and popular name are insufficiently misleading, I may reject the entire petition. . ‘The purpose of my review and certification is to ensure that the ballot title and popular name honestly, intelligibly and fairly set forth the purpose of a proposed act or amendment. Arkansas Women's Political Caucus v. Riviere, 283 Ark. 463, 466, 677 S.W.2d 846 (1984); Becker v. Riviere, 277 Ark. 252, ° 254, 641 S.W.2d (1982). Ark. Stat. Ann. Section 2-208 neither _ requires nor authorizes this office to make any legal “determinations concerning the merits of the act or amendment. or the likelihood that. the act or amendment will accomplish its stated objectives. Consequently, this review has. been limited to determining whether your proposed ballot*title and popular -Mame accurately and impartially summarize the provisions of “your proposed initiated amendment. -Your proposed popular ‘name is believed to be insufficient and: the following is hereby substituted. Popular Name The Director of Athletics Mandatory Retirement Amendment of 1986. Johnson January 30, 1986 Page 2 The proposed ballot title is believed to be insufficient and the following is hereby substituted: Ballot Title An amendment to the Constitution to establish mandatory retirement requirements for the Director of Athletics at the University of Arkansas, Fayetteville, and to prohibit further involvement of retired Directors of Athletics with athletic coaches at said school. The foregoing. substituted popular name and ballot title are hereby approved and certified as sufficient. Pursuant to Ark. Stat. Ann. Section 2-206 (Repl. 1976), instructions to canvassers and Signers are enclosed herewith. Sincgégrely, TEVECLARK | Attorn@gy General ; SC:PLC:jr —— INSTRUCTIONS TO CANVASSERS AND SIGNERS 1. Amendment No. 7 gives to the people of the State of Arkansas the power to initiate legislation. The petition must be signed by eight percent (8%) of the legal voters. The proposed law must be submitted to the legal voters of the State at a regular election, and if a majority of the votes are cast in its favor, it is adopted. 2. Only legal voters may sign. Names, residences, post offices, and voting precincts must be given. This petition should contain only the signature of voters residing in a - single county. 3. All signatures must be affixed by the signers in their own handwriting in the presence of the persons circulating the Petition. 4, The signatures should be made with ink or indelible | pencil. 5. Do not paste additional sheets to this petition but place as many names as possible on the Petition. 6. TO sign any. name other than your own or knowingly to. sign your name when you are not legally entitled to sign it, -or knowingly and falsely to misrepresent the purpose and effect of this Petition for the purpose of causing anyone to sign it shall constitute a misdemeanor and subject the offender to a fine of not less than $50 nor more than $1,000 for each violation. © The Attorney General. is by law required to certify the sufficiency of the: popular name and ballot title of ail initiative or referendum petitions. This certification does. : not necessarily indicate. the approval or disapproval of the. contents therof. ~ A TORNE GENERAL OF THE... STATE OF ARKANSAS -
86-023: Approval of popular name and ballot title of a proposed constitutional amendment to provide for mandatory retirement of the director of athletics at the University of Arkansas at Fayetteville, and to prohibit further involvement of retired directors with the coaches at the University. 7-9-107. | Justis AI