Pubdate: Thu, 20 Feb 2014
Source: Arkansas Democrat-Gazette (Little Rock, AR)
Copyright: 2014 Arkansas Democrat-Gazette, Inc.
Contact: http://www2.arkansasonline.com/contact/voicesform/
Website: http://www2.arkansasonline.com/
Details: http://www.mapinc.org/media/25
Author: Claudia Lauer
Page: 2B

CAMPAIGN-FINANCE, 'POT' PLANS REJECTED

Mcdaniel: Ballot Titles Ambiguous

Arkansas Attorney General Dustin McDaniel on Wednesday rejected ballot
titles for two proposed constitutional amendments, citing ambiguities
in the text of both.

One measure, proposed by Arkansans for Medical Cannabis, would repeal
all laws prohibiting the sale, production and distribution of
marijuana and prohibit the General Assembly from passing laws that
prohibit cannabis or its derivatives. Representatives of the
organization did not return messages seeking comment late Wednesday.

The second measure was proposed by the Arkansas Regnat Populus group.
The measure would prohibit "corporations, proprietorships, firms,
partnerships, joint ventures, syndicates, labor unions, business
trusts, companies and associations" from making political
contributions directly to candidates running for office, ban elected
officials from working as lobbyists for two years after they leave
office, and bar elected officials from accepting gifts from lobbyists.

David Couch, an attorney who works with Regnat Populus, said the group
will resubmit its constitutional amendment for consideration.

"We'll probably try to have a conversation with the attorney general's
office to figure out if there will be any circumstance under which he
would approve language similar to ours," Couch said. "It appears he
believes what we are trying to do is unconstitutional so he's saying
in essence we can't propose the law. We'll submit the language one
more time, and if we can't get the ballot title written, we'll seek
relief from the Arkansas Supreme Court."

In his opinion, McDaniel said the ballot proposal by Regnat Populus
attempts to combine portions of a previously approved ballot measure
with language from a measure the office rejected because it conflicts
with the U.S. Supreme Court's Citizens United ruling, which struck
down certain limitations on campaign contributions. McDaniel wrote
that the proposed measure misstates the law.

"Corporations and individuals do not have 'the same constitutional
rights.' As I have noted in prior submissions, the U.S. Supreme Court
has interpreted the federal constitution in such a way that it affords
certain rights to corporations that are also shared by individuals,"
McDaniel wrote. "It is not clear what specific rights you intend the
constitutional amendment to remove."

In his rejection of the Arkansans for Medical Cannabis proposal,
McDaniel wrote that the measure fails to specify that it will amend
the Arkansas Constitution if it is approved.

He also noted that some of the language is contradictory. He wrote
that one portion of the measure would ban the Legislature from passing
a law that "constitutes prohibition" of the cannabis plant or its
derivatives. Another section bars the Legislature from prohibiting
only the "cannabis plant and its derivatives, and a third portion
allows the Legislature to create laws to regulate the plant - which
could include prohibitions, McDaniel wrote.
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