The defeat of a ballot initiative in Kansas and coming ballot questions in Arkansas raise a larger question about whether the people in Arkansas are at risk of being shut out of the democratic process by an autocratic legislature, supported by the business lobby.

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MARIJUANA: A group promoting legalization of marijuana for adults has gathered enough signatures to qualify for the ballot and will go before a state commission today for certification of the ballot title. But David Couch, the Little Rock lawyer who works in initiative campaigns, notes some significant facts about that petition drive.

Responsible Growth submitted 193,000 signatures, needing about 89,000 signatures of registered voters. The secretary of states office checked 159,961 signatures before certifying the drive had 90,375 legitimate signatures, leaving 30,000 uncounted. That means the canvassing validity rate was only around 56 percent. Using professional canvassers from out of state in previous petition campaigns such as medical marijuana and minimum wage amendments Couch said the validity rate was around 75 percent. Responsible Growth has spent about $3 million to gather signatures, a million or so more than past years, he said. Couch figures the lower rate is directly related to anti-petition law changes in the last legislature to prohibit pay per signature and to ban canvassers from out of state.

MAKING PETITIONS EVEN HARDER: A legislatively proposed constitutional amendment, Initiative 2, would require a 60 percent supermajority vote for proposed constitutional amendments or initiated acts to be adopted. This is simply anti-democratic. As Couch also notes, it is not a liberal/conservative issue. The conservative Family Council has used the petition process to successfully attack abortion and same-sex marriage. Big business paid for the drive to expand casino gambling in Arkansas. And so on. But the minimum wage amendment still rankles big business. And Republicans fear good government amendments, such as a non-partisan redistricting commission.

Couch thinks there will be an organized campaign to fight Initiative 2, but Koch types have deep pockets, too, if they chose to engage. The measure was sponsored by a one-time Koch head political worker.

AND SO WHAT ABOUT ABORTION? Couch thinks there will be a future drive related to abortion in Arkansas. Anything would be better than what we have. But the obstacles, particularly if Issue 2 is approved, are daunting. Couch believes as I do and as poll after poll has shown that the majority of Arkansans, though willing to restrict abortion in many ways, do not want to see it totally outlawed. A vote on a sensible measure certainly wouldnt hit the 75 percent mark in opposition. It always hits that level whenever the word abortion is uttered in the Arkansas legislature.

SPEAKING OF BALLOT INITIATIVES: The legislature has put two other stinkers on the ballot Issue 1 lets the legislature call special sessions for whatever awfulness currently moves them. Its now an executive prerogative, one of few remaining. Issue 3 is Christofascist demagoguery. It amends the state constitution to provide that government shall not burden a persons freedom of religion even if the burden results from a rule of general applicability. In other words, anybody can discriminate against LGBTQ people whenever and wherever.

Funny thing. The religion amendment could come back to bite its supporters in the butt. Example: The state abortion ban burdens the freedom of religion of many people in Arkansas. Their religious faith (or lack of) permits abortion. As I noted earlier today, the question is already before federal courts, but without the added weight of a sovereign states own express declaration of freedom of religion.

Also this year, we are still waiting for word from the secretary of state on the petition drive aimed at blocking a casino in Pope County. A petition drive financed by the Choctaw Nation to prevent competition for its Fort Smith casino turned in about 100,000 signatures at the outset. If the validity rate was 55 percent, it wont qualify for a cure period to add additional signatures. 75 percent of initially submitted signatures must be legitimate to qualify for additional signature gathering.

Originally posted here:

Can the people rule in Arkansas? Defeating an anti-populist amendment this year is key - Arkansas Times