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Arkansas group proposes ballot to protect state's FOIA laws

A new ballot initiative is being introduced by a group of nonpartisan Arkansas advocates in an effort to protect the state's Freedom of Information Act.

LITTLE ROCK, Ark — A new ballot initiative is being introduced by a group of nonpartisan Arkansas advocates in an effort to protect the state's Freedom of Information Act (FOIA).

The draft amendment and statement was released on Wednesday, Oct. 11, with the group saying that the purpose of the initiative being to "protect the state's [FOIA laws] with a ballot initiative for a Constitutional Amendment." 

Alongside this "protection" of the state's FOIA laws, the group also hopes to introduce stricter penalties in the amendment for those who violate FOIA.

The proposed amendment also aims to provide a working definition for a "public meeting," which the group has described as being "vague." 

In reference to the amendment's introduction, Sen. Clarke Tucker [D] stated that it will help maintain transparency in Arkansas government.  

“Arkansas has had one of the strongest Freedom of Information Acts in the country for 56 years,” Tucker said. “Taking this vote to the people, who we know value government transparency, will ensure the law remains strong years to come.”

The group shared that their goal consists of the following: 

  • Enshrine the version of Arkansas's FOIA that existed before the September 2023 Special Session.
  • Further changes that "reduce government transparency" in Arkansas's FOIA must be approved by citizen's vote. 
  • Further changes that "increase government transparency" in Arkansas's FOIA must be approved by General Assembly vote. 
  • Change as little as possible in existing FOIA for Arkansas.
  • Provide definition of "public meeting".
  • Penalize those who violate Arkansas's FOIA.
  • Safeguard those who aim to enforce Arkansas's FOIA.
  • Acknowledge public officials' security and their minor children, while acknowledging the public's right to know. 

The group will have to have the language of the amendment approved by AG Tim Griffin. 

If the amendment's language is approved, the group will then work to collect 90,704 signatures that are needed, which is 10% of the citizen vote from the previous election.

The group said that they plan to hold public meetings on the measure. 

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