STATE OF ARKANSAS
THE ATTORNEY GENERAL DUSTIN McDANIEL
July 2, 2009 Arkansas Family Rights Coalition c/o Mr. Jeremy Peterson 5824 Duncan Road Fort Smith, Arkansas 72903-3216 Dear Mr. Peterson: The purpose of this letter is to acknowledge receipt of your popular name and ballot title for a proposed statewide initiative or referendum measure. As you are aware, A. C.A. § 7-9-107 requires any proposed popular name and ballot title for a state\\rid~''iNitiative' or referendum measure to receive my certification before' the petition 1s Jfrculated for signatures. Within 10 working days', not counting the day of receipt,' I will certify,' change or reject your' proposed popular name .and/or ballot title.) have outlined below the process that Iwill use to determine whether your popular name and ballot title, taken together,. accurately, briefly, and concisely states the purpose of your proposed measure.
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When your submission was -received in our office, it was sent to my Opinions Department. This Department consists of a group of lawyers who are highly speciali~~cf in providing an accurate and objective analysis of the law. Once received into the Opinions Department, your submission was assigned to a lawyer who will scrutinize the proposed popular name and ballot title. Aspart of this review, the lawyer will examine the text of the proposed measure to determine the title's accuracy. If there are any vagaries, ambiguities, illegalities or drafting errors iilifle text of your measure, it may be impossible for me to provide a suitable popular name and/or ballot title. Neither my lawyers nor I will scrutinize the text of the proposed measure from a philosophical or ideological perspective, The Opinions lawyers will then go through an internalreview process with regard .,.J " to the decision and then present it to me for my finalcertificationor rejection. '
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submission, or substitute and certify a more correct version, you will 'be nohfied and provided a letter of certification.' My certification' ofa popular "name ~nd7~3r -ballot title', however, should' not be seen as all indication that your ~ ~ .
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CENTER STREET, SUITE 200 • LITTLE ROCK, ARKANSAS TELEPHONE (501) 682-2007· FAX (501) 682-8684
INTERNET WEBSITE·
72201
http://www.ag.state.ar.us/
Arkansas Family Rights Coalition July 2,2009 Page 2
proposed measure is approved for all substantive issues. You should know that under Arkansas law, additional scrutiny may be provided by the Supreme Court and the Secretary of State. If I reject your popular name and/or ballot title, you will be provided with a list of concerns that I have with regard to your ballot title and/or popular name and their accuracy. Since I am not and cannot be your lawyer, I cannot provide you with suggested changes to meet my concerns. Additionally, I am unable to give you any legal or drafting advice in making your changes. If I reject your proposal, I highly recommend that you consult someone who is knowledgeable concerning the statutory requirements necessary for a proposed measure. Once you make these changes, then certainly you are free to submit your new title for my review. Bear in mind that changing one part of the proposal may incidentally alter another part of the proposal or implicate an additional area of state or federal law . Let me state as well that even if I certify your title or supply a new one, it does not, in and of itself, mean that I endorse your proposal. I am providing you this information beforehand to assure you that my goal is to provide a reasoned and consistent approach dealing with all proposed popular names and ballot titles, and that your submission will be treated no differently than anyone else's. I thank you in advance for your cooperation with this process. Sincerely,
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DUSTIN ~vlcDANIEL Attorney General DMich