SB434, deceptively titled the “Protect Our Constitution Act,” would make it nearly impossible for Arkansas voters to pass constitutional amendments by requiring a majority of all registered voters, rather than a simple majority of votes cast, for approval. If this law had been in place in 2024, an amendment would have needed at least 914,065 votes in favor — meaning at least 76 percent of actual voters would have had to vote “yes.”
What SB434 Does
- Radically raises the threshold for passing constitutional amendments by requiring a majority of all registered voters—not just those who turn out to vote.
- Makes non-votes count as “no” votes, even from people who choose to stay home.
- Threatens direct democracy by making citizen-led initiatives nearly impossible, silencing Arkansans’ ability to shape their constitution.
- Protects the political establishment by making it harder for the people to check government power.
Under SB434, a person who doesn’t vote at all is counted as opposing the amendment. This distorts the democratic process by artificially inflating the number of “no” votes — meaning that even overwhelmingly popular measures could fail simply due to voter turnout.
Arkansas has a long tradition of citizen-led amendments to address issues when the legislature refuses to act. Raising the approval threshold ensures that only the wealthiest, most powerful interests can successfully change the constitution, blocking grassroots efforts by ordinary Arkansans.
Every other election in Arkansas — including for governor, state legislature, and U.S. Senate — is decided by a simple majority of votes cast. SB434 rigs the system against voters when it comes to constitutional amendments, making the process unfair and undemocratic.
If this law had existed in the past, many important voter-approved constitutional amendments would have failed, even if the majority of actual voters supported them. The result? A permanent roadblock against change, even when the people demand it.
SB434 is a power grab designed to strip Arkansans of their right to amend their own constitution. By moving the goalposts, this bill would silence the will of the people and ensure that only the most powerful interests can dictate constitutional changes.
The ACLU of Arkansas strongly opposes SB434 and urges lawmakers to reject this blatant attack on democracy.
