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The Arkansas Alcoholic Beverage Initiative, Issue 4 was on the November 4, 2014 election ballot in Arkansas as an initiated constitutional amendment, where it was defeated.
The measure would have legalized the sale, manufacture and transportation of alcohol or "intoxicating liquors" statewide. Certain counties in Arkansas are dry and do not sell any liquor. The Arkansas General Assembly would have been tasked with regulating the manufacture, sale, distribution and transportation of the alcohol. According to the initiative, "intoxicating liquors" are defined as "any beverage containing more than one-half of one percent (0.5 percent) of alcohol by weight."[1][2]
Below are the official, certified election results:
Arkansas Issue 4 | ||||
---|---|---|---|---|
Result | Votes | Percentage | ||
No | 477,877 | 57.41% | ||
Yes | 354,446 | 42.59% |
Election results via: Arkansas Secretary of State
The popular name given to this measure by the attorney general's office was "The Arkansas Alcoholic Beverage Amendment."[1]
The ballot title given to this initiative by the attorney general's office was as follows:[1]
“ | A proposed amendment to the Arkansas Constitution to provide that, effective July 1, 2015, the manufacture, sale, distribution and transportation of intoxicating liquors is lawful within the entire geographic area of each and every county of this state; that “intoxicating liquors” is defined for purposes of the amendment as any beverage containing more than one-half of one percent (0.5%) of alcohol by weight; that the manufacture, sale, distribution and transportation of intoxicating liquors may be regulated, but not prohibited, by the General Assembly; and that all laws which conflict with the amendment, including laws providing for a local option election (wet-dry election) to determine whether intoxicating liquors may be sold or not sold, are repealed to the extent that they conflict with the amendment.[3] | ” |
This initiative was primarily supported by Let Arkansas Decide (LAD).[4]
The organization hired National Ballot Access for their signature gathering efforts.[5]
The supporting group, Let Arkansas Decide, listed on their website multiple reasons why voters should approve Issue 4:[8]
According to a report on Issue 4 published by The Public Policy Center of the University of Arkansas Division of Agriculture Research and Extension, arguments in support of Issue 4 include:[9]
“ | What do supporters say?
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” |
—The Public Policy Center of the University of Arkansas Division of Agriculture Research and Extension |
The campaign in opposition to the initiative was led by Let Local Communities Decide For Themselves.[10]
“ | What do opponents say?
|
” |
—The Public Policy Center of the University of Arkansas Division of Agriculture Research and Extension |
Ballotpedia identified one committee supporting the measure: Let Arkansas Decide. The committee raised $470,440 in cash contributions and $136,860 in in-kind contributions. Three ballot question committees raised over $2.4 million in opposition to Issue 4. The following amounts were from reports covering information through November 30, 2014.[13]
Total campaign cash as of December 6, 2014 | |
Support: | $607,300.46 |
Opposition: | $2,419,175 |
Ballot question committee info:
Ballot question committee | Amount raised | Amount spent |
---|---|---|
Let Arkansas Decide | $607,300.46 | $625,914.06 |
Total | $607,300.46 | $625,914.06 |
Top contributors:
Donor | Amount |
---|---|
Kum & Go | $114,002.80 |
EZ Mart | $67,857.29 |
Delek US Holdings | $40,000.00 |
Casey General Stores | $25,000.00 |
Mapco | $25,000.00 |
Ballot question committee info:
Ballot question committee | Amount raised | Amount spent |
---|---|---|
Let Local Communities Decide for Themselves | $1,754,175 | $1,753,899 |
Arkansas Beverage Retailers Association Fund | $90,000 | $87,001 |
Conway County Liquor Association Fund | $575,000 | $569,700 |
Total | $2,419,175 | $2,410,600 |
Top contributors:
Donor | Amount |
---|---|
CCLA | $575,000 |
Conway Co. Liquor Association | $562,350 |
Shamrock Liquor | $150,000 |
Poinsett Package Store | $144,350 |
Opponents of the measure filed a lawsuit over the petition signature deadline controversy, hoping to have the measure thrown off the ballot. The lawsuit was filed on behalf of Citizens for Local Rights on September 5, 2014. The plaintiffs claimed the state's petition deadline of July 7 was three days too late in order to be submitted at least four months before the election, as required by state law. Four months to the day before the November election was the Fourth of July, a national holiday. The plaintiffs also argued that the ballot title was insufficient.[14]
David Couch, an attorney who assisted Let Arkansas Decide in placing Issue 4 on the ballot, said, “In addition it has been the Secretary of State's standard practice since Amendment 7 went into effect in 1925 to roll the deadline for accepting petitions to the following business day. The Sponsor and the people of the state of Arkansas had a right to rely upon the Election Calendar and the nearly 100 year history of the Secretary of State's office in rolling the deadline until the next business day when the deadline was on a holiday.” However, opponents of the measure argued the deadline delay in light of holidays "is statutory law, not constitutional law."[15][14] The Arkansas Supreme Court heard oral arguments regarding the issue on October 9, 2014. The court ultimately ruled that the measure should appear on the ballot. Since the deadline occurred on a federal holiday, the Fourth of July, the court agreed that, based on election law, the deadline must be "the next day which is not a Saturday, Sunday or legal holiday."[16][2][17]
“ | Q: A measure will be on the ballot this November to expand alcohol sales. If it passes, it will eliminate dry counties and allow liquor sales in all 75 counties in Arkansas. If it fails, the law stays as it is. If the election were today, would you vote for or against the measure?[3] | ” |
—Talk Business & Politics |
Arkansas Issue 4 (2014) | |||||||||||||||||||
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Poll | Support | Oppose | Undecided | Margin of error | Sample size | ||||||||||||||
Talk Business Research & Hendrix College 10/15/2014-10/16/2014 | 40% | 54% | 6% | +/-2.2 | 2,075 | ||||||||||||||
Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org. |
As of 2014, Arkansas allows for county control over the prohibition of alcohol. The state is nearly evenly split on a county basis with 37 counties being dry and 38 being wet or mixed.[19] A mixed county is one where the county is wet, but a number of municipalities within the county may be dry. Arkansas is one of ten states that allow dry counties.[20]
The following is a map showing dry counties in red, wet counties in blue and mixed counties in yellow:
According to a report published by The Public Policy Center of the University of Arkansas Division of Agriculture Research and Extension detailing background information on Issue 1:[9]
“ | Arkansas has a long history of laws regarding alcohol. After the 1933 repeal of a U.S. Constitutional Amendment banning alcohol sales, all of Arkansas was considered “wet,” in that alcohol sales were once again legal everywhere. In 1935, legislators passed a state law establishing rules for local elections on alcohol sales. At least 35 percent of a county’s registered voters had to sign a petition in order to have a local election on alcohol sales. However, in a 1942 statewide election, voters changed the signature requirement for alcohol petitions to 15 percent. This relaxed requirement allowed numerous “wet” communities to vote themselves “dry.” Recognizing that alcohol sales remained a divisive issue, legislators in 1985 increased the signature requirement percentage to 30 percent, and again to 38 percent in 1993. The higher number of signatures required meant that counties would have a more difficult time changing their status.[3] | ” |
—The Public Policy Center of the University of Arkansas Division of Agriculture Research and Extension |
The attorney general approved the fourth attempt at ballot language for the initiative in May 2014.[21] To place an initiated constitutional amendment on the ballot, petitioners were required to submit signatures equal to at least 10 percent of the total number of votes cast for the office of governor in the last gubernatorial election. Further, proponents had to collect signatures equaling at least 5 percent of the previous gubernatorial votes in at least 15 of the state's counties. For example, if 1,000 people voted for governor in a county, the signatures of 50 qualified electors would be required. This means supporters were required to collect a minimum of 78,133 valid signatures by July 7, 2014.
Supporters claimed to have turned in 84,969 signatures by the deadline.[22] The secretary of state had until August 21, 2014, to certify ballot issues for the November general election.[23] The secretary of state's office announced on July 9, 2014, that well over 84,000 signatures had been submitted. This amount of signatures meant the measure met the initial signature requirement, and while the signatures had not been verified, it gave supporters another 30 days to collect more signatures, in case many were invalidated.[24]
On July 18, 2014, Secretary of State Mark Martin announced that supporters were short by 17,133 signatures. However, they had until August 18, 2014, to submit additional signatures to reach the minimum requirement.[25]
Supporters claimed to have gathered more than sufficient additional signatures on August 1, 2014. David Couch, chairman of Let Arkansas Decide, expressed absolute certainty that the measure would be on the November ballot. He claimed the group was then in possession of at least 30,000 additional signatures to make up the deficit in their original filing.[26] Supporters submitted an additional 41,492 signatures by the August 18 deadline. At least 17,133 of these needed to be deemed valid in order to land the measure on the November ballot.[27]
On August 29, 2014, the secretary of state announced that 87,102 of the total 127,265 signatures turned in were valid, and that the measure qualified for the ballot.[28]
Opponents of the initiative, Let Local Communities Decide For Themselves, requested the secretary of state's office stop accepting further petition forms from supporters. They argued that the first batch of signatures should have been filed on July 4, which would have been four months prior to the November 4 election. The state's deadline was July 7. The secretary of state's office reviewed the claim. Had the secretary of state agreed with the opposition's point and invalidated this initiative's signatures, it would also have affected the other potential initiative regarding the minimum wage, which also submitted its first batch of signatures on July 7.[29][30]
On July 22, Secretary of State Mark Martin's office defended the signature filing deadline, saying that July 7 was set as the deadline because it was the first business day after July 4, a federal holiday. In a statement, Martin's office described the practice of rolling the signature deadline forward to the next business day if the original date falls on a holiday as "standard practice since Amendment 7 went into effect in 1925." However, the office also stated they would be reviewing the law to determine if there is an issue.[31]
Let Arkansas Decide chairman David Couch pointed out that Arkansas Code Annotated 7-1-108 and Amendment 51 both state, “If an election law deadline occurs on a Saturday, Sunday, or legal holiday, the deadline shall be the next day which is not a Saturday, Sunday, or legal holiday.” However, Let Local Communities Decide for Themselves attorney Elizabeth Robben Murray argued that Amendment 51, which addresses voter registration, does not apply to initiatives or referendums.[31]
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