I, Petitioner April Forrester, individually and as a representative of all similarly situated voter-citizens of Arkansas, brings the instant original action challenging the sufficiency and validity of the proposed ballot title for a proposed constitutional amendment, identified аs Issue No. 2, which is currently set to be voted upon by the citizens of this state at the November 2, 2010 general election.
This matter stems from proceedings that occurred during the 2009 regular session of the General Assembly in whiсh a majority of the members of the General Assembly voted to refer three proposed amendments to the Arkansas Constitution to be considered by the voters of this state at the November 2, 2010 election. The proposed amendment at issue here was set forth in House Joint Resolution 1004 of 2009 (HJR 1004 of 2009), which was titled “Proposing an Amendment to the Constitution of Arkansas Concerning the Interest Rate Limits.”
At the conclusion of the regular session, Issue No. 2 was referred to the Respondent so that he could fix and declare the number by which the proposed constitutional amendment would be designated. Respondent subsequently referred Issue No. 2 to the Arkansas Attorney General,
Prior to September 20, 2010, Respondent transmitted to the Arkansas Board of Election Commissioners and each of the County Board of Election Commissioners a certification that the ballot title for Issue No. 2 shall read as follows:
(Title)
An amendment prоviding that constitutional provisions setting the maximum lawful rate of interest on bonds issued by and loans made by or to governmental units are repealed; the maximum lawful rate of interest on loans by federally insured depository institutions shall remain at the rate resulting from the federal preemption effective on March 1, 2009; establishing that the maximum lawful rate of interest on any other loan or contract shall not exceed seventeen percent (17%) per annum; authorizing governmental units to issue bonds to finance energy efficiency рrojects and allowing such bonds to be repaid from any source including general revenues derived from taxes; providing that any federal laws applicable to loans or interest rates are not superseded by the amendment; and repealing Article 19, § 13, and the interest rate provisions of Amendment Nos. 30, 38, 62, 65, and 78 of the Arkansas Constitution.
(Popular Name)
AN AMENDMENT CONCERNING INTEREST-RATE LIMITS AND THE ISSUANCE OF GOVERNMENTAL BONDS TO FINANCE ENERGY-EFFICIENCY PROJECTS.
This ballot title is identical to that mandated by the legislature in section 7 of HJR 1004 of 2009, and the popular name is identical to that designated by the attorney general.
Petitioner then filed the instant originаl action seeking injunctive relief and a petition for writ of mandamus. In seeking such relief, Petitioner asserts that (1) the ballot title fails to give notice that a “For” vote for Issue No. 2 will result in the usury limit on interest rates to | ¿increase to seventeen percent and that the current usury limits will be repealed; (2) Issue No. 2 actually contains three separate and divergent matters resulting in the General Assembly referring five amendments in one session, which exceeds its constitutionally mandated limit of referring only three proposed amendments рer session; (3) Respondent certified an illegal and unconstitutional ballot title that differs from the one published and fails to comply with the statutory requirement for its wording; and (4) Issue No. 2 contains an impermissible severability clause.
This court granted a motion for expedited proceedings in Forrester v. Daniels,
As we have explained, there are two entirely different methods by which constitutional amendments may be submitted to the voters of this state. See Becker v. McCuen,
The two courses employ different procedures and have different legal requirements. Chaney v. Bryant,259 Ark. 294 ,532 S.W.2d 741 (1976). The first way, which has been available through all five оf our constitutions, is through the General Assembly. The requirements of that method are set out in Ark. Const, art. 19, § 22. The second way, adopted in 1920, is through the initiative and referendum power reserved to the people. The requirements of the second way are set out in Amendment 7. The provisions of Amendment 7 do not govern constitutional amendments proposed by the General Assembly. Berry v. Hall,232 Ark. 648 ,339 S.W.2d 433 (1960).
Id. at 485,
In Berry, this court dismissed an original action seeking to strike from the ballot a constitutional amendment referred by the legislature. In so doing, we noted that the originаl jurisdiction of this court was specifically set forth in amendment 7, while no such language conferring original jurisdiction could be found in article 19, section 22. In examining this important distinction, this court in Berry stated
So in any case involving an amendment submitted under the procedure outlined in Amendment No. 7, the Supreme Court of Arkansas has original jurisdiction. But there is no language in Article 19 of Section 22 of the Constitution — regarding a constitutional amendment proposed by the Legislature — that gives the Arkansas Supreme Court any original jurisdiction in litigation challenging thе validity of submission of such proposed amendment. On the contrary, the Constitution in Article 7 of Section 4 restricts the jurisdiction of the Arkansas Supreme Court to appellate jurisdiction.
Id. at 652,
A careful study of the Constitution and all of its Amendments fails to disclose any provision that gives the Arkansas Supreme Court original jurisdiction in a case like the present one, which is attacking the regularity of submission to the voters of a constitutional amendment proposed by the Legislature. Such an action should have beеn filed in the Chancery Court and not in the Supreme Court. So we must conclude that we cannot take original jurisdiction in this case; and such conclusion makes it improper for us to discuss any of the other issues raised.
Id. at 653,
Athough we have been clear in our distinction of this cоurt’s jurisdiction of chai-lenges
Petitioner urges this court to determine the instant action, arguing that we have original jurisdiction in this matter pursuant to amendment 80, section 2(D)(4). Respondent and Intervenors both argue to the contrary that article 19, section 22 did not and does not confer original jurisdiction in this court and nothing in amendment 80 changes that conclusion. Our review of amendment- 80 and this court’s well-established precedent leads |7us to conclude that our jurisdiction tо hear challenges to amendments referred by the legislature remains appellate in nature.
Questions of constitutional construction are reviewed by this court de novo. See Wilson v. Weiss,
Amendment 80, section 2 provides in relevant part:
(D) The Supreme Court shall have:
(1) Statewide appellate jurisdiction;
h(2) Original jurisdiction to issue writs of quo warranto to all persons holding judicial office, and to officers of political corporations when the question involved is the legal existence of such corporations;
(3) Original jurisdiction to answer questions of state law сertified by a court of the United States, which may be exercised pursuant to Supreme Court rule;
(4) Original jurisdiction to determine sufficiency of state initiative and referendum petitions and proposed constitutional amendments; and
(5) Only such other original jurisdiction as provided by this Constitution.
(E) The Supreme Court shall have power to issue and determine any and all writs necessary in aid of its jurisdiction and to delegate to its several justices the power to issue such writs.
Ark. Const, amend. 80, § 2.
Subsection (D)(4) provides original jurisdiction “to determine sufficiency of ...
It is only necessary for this court to make a sufficiency determination in those cases involving voter initiated acts, referendums, and proposed constitutional amendments as set forth in amendment 7.
This conclusion is further bolstered by the fact that this court, charged with the implementation of amendment 80, amended our court rules but did not amend them in a way to indicate that our jurisdiction of the instant challenge is now original in nature. In fact, this court’s Rulе 6-5 governs our original jurisdiction and provides:
(a) Original Jurisdiction. The Supreme Court shall have original jurisdiction in extraordinary actions as required by law, such as suits attacking the validity of statewide petitions filed under Amendment 7 of the Arkansas Constitution or, where the Supreme Court’s сontempt powers are at issue.
ImArk. Sup.Ct. R. 6-5(a) (2010).
Accordingly, we conclude that our jurisdiction to hear the instant action remains appellate in nature and, therefore, we must dismiss the instant action.
Our mandate shall issue immediately.
Notes
. On the same day that the instant action was filed in this court, Petitioner filed a nеarly identical action in Pulaski County Circuit Court. The matter remains pending before the circuit court.
. Petitioner initially requested that we order the secretary of state to recall the existing ballot title and certify a corrected ballot title but, in her brief to this court, she now admits that this request is moot, as the statutorily required time for such action has passed.
. Contrary to the assertion by Petitioner's counsel at oral argument, this court did not conduct a sufficiency review in McAdams v. Henley,
