Arkansas voters this November will consider three legislatively proposed constitutional amendments, including one explicitly stating that only citizens can vote, and one stating that Arkansans have an individual right to keep and bear arms.
Similar provisions already exist in the state’s Constitution, but these would provide needed clarity, the legislative sponsors have argued.
The Citizens Only Voting Amendment would specify that only qualified citizens can vote in state and local elections. Those qualifications are being a citizen of the United States; being an Arkansas resident; being at least 18 years old; and being lawfully registered to vote in the election.
It further bars from voting individuals who don’t meet those qualifications.
The Arkansas Constitution already states “any person” who meets those qualifications may vote in an election.
The sponsor, Rep. David Ray, R-Maumelle, told a House committee last year that the current language protects citizens’ right to vote. However, it doesn’t prevent noncitizens from voting in local elections.
The amendment, with its “only” wording, is “exclusive, unambiguous and absolute,” he said.
Ray and representatives with Americans for Citizen Voting said an Arkansas municipality could legalize noncitizen voting in local elections without legislative approval. According to the Bipartisan Policy Center, some cities in California, Maryland and Vermont, along with Washington, D.C., all allow noncitizens to vote in certain local elections.
This isn’t occurring anywhere in Arkansas. But Ray said ideas can gain traction, so now is the time to “nip this in the bud.”
The proposed amendment is part of a nationwide movement. Arkansas is one of six states where voters will decide on citizen-only voting this year. A number of states recently have adopted this type of wording, including Arkansas’ neighbors Missouri, Oklahoma and Louisiana.
He said he believed it easily would pass in Arkansas, which is almost certainly correct.
Another legislatively proposed constitutional amendment also restates language that’s already in the Constitution, but it would make more substantive changes.
The proposed constitutional amendment would “protect the right to keep and bear arms.”
The Arkansas Constitution already states that Arkansas citizens have that right “for their common defense.” This amendment would expand the reasoning to include “Lawful hunting and recreational use” and “Any other lawful purpose.” The proposed amendment also states that the right includes “without limitation” the possession and use of ammunition, firearm accessories and firearm components.
It adds, “The right to keep and bear arms under subsection (a) of this section is a natural, fundamental, and individual right that shall not be infringed.”
The sponsor, Sen. John Payton, R-Wilburn, told a House committee last year that the amendment would recognize that the right to keep and bear arms is an individual right rather than one related only to the common defense.
He said in response to a question that the amendment would not allow felons to have guns, and that it wouldn’t prevent “reasonable regulation.” The lead House sponsor, Rep. Matt Duffield, R-Russellville, said state law wouldn’t supersede federal law regarding the legality of certain accessories.
Anna Morshedi, speaking as a private citizen, told the committee the Arkansas Constitution already protects the right to bear arms. She said the proposed amendment’s absolute language could make it hard to enforce existing gun laws.
The proposed amendment was co-sponsored by 14 other senators and 47 representatives, so it had broad support in the Legislature. It seems almost certain that voters will pass it as well.
Legislators can refer up to three constitutional amendments to voters each election, which they don’t always do. The third this year would allow for the creation of economic development districts in certain parts of cities and counties. In other words, it would let government entities do things they currently can’t do to improve run-down parts of a town.
Legislators also are asking voters to approve up to $500 million in bonds for water system projects. Bonds allow governments to finance large projects and then pay off the debt over time. This would not be a constitutional amendment.
Economic development districts and water projects are not as eye-catching as non-citizen voting and guns, but they are important nonetheless.
We’ll have more on both before the election, which is not very far away.
Steve Brawner’s column is syndicated to 24 news outlets in Arkansas. Email him at brawnersteve@mac.com.
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