Gun rights, citizens-only voting to be on ballot

Arkansans will vote on three proposed constitutional amendments in November 2026 that were referred to them by legislators in the session’s final three days before they recessed this week. One would expand gun rights. Another would expressly bar noncitizens from voting. The third would allow for the creation of economic development districts.

On Monday, the Senate approved the Citizens Only Voting Amendment by Rep. David Ray, R-Maumelle. It passed 27-0 with six not voting and two voting present. It had passed the House, 82-6 with nine not voting and three voting present. 

It states that “Only a citizen of the United States meeting the qualifications of an elector may vote in an election in this state.” 

That’s pretty much all that’s new, and in fact that part really isn’t. Arkansas’ Constitution already states that voters must be United States citizens as well as Arkansas residents, at least 18 years of age, and lawfully registered to vote.

The Constitution also requires the Legislature to require voters to present a valid photo identification. Voters approved a constitutional amendment specifying that requirement in 2018.

Meanwhile, on Tuesday, the House by a vote of 86-10 approved Senate Joint Resolution 11 sponsored by Sen. John Payton, R-Wilburn. As it says in its subtitle, it’s a constitutional amendment “to protect the right to keep and bear arms.” It earlier had passed the Senate, 28-7.

As with the Citizens Only Voting Amendment, this one in part restates a provision that is already in the Arkansas Constitution. That document currently says, “The citizens of this State shall have the right to keep and bear arms, for their common defense.”

Payton’s resolution would expand that by adding “Lawful hunting and recreational use” and “Any other lawful purpose” as reasons a citizen could keep and bear arms. It further specifies that citizens have the right to possess and use ammunition, firearm accessories, and firearm components. 

It also would add, “The right to keep and bear arms … is a natural, fundamental, and individual right that shall not be infringed.”

The Constitution lets the Legislature refer up to three constitutional amendments to the voters each election. In practice, the House and Senate each often get one amendment, and then a third one often also gets through. 

That happened on Wednesday, the final day of the legislative session before recess. House members voted 74-1 to refer an amendment that would allow the Legislature to create economic development districts with tax advantages within designated areas. The districts could issue bonds to finance projects within the district. 

The proposed amendment also would allow the Legislature to provide for the creation of programs and the making of economic loans and grants. 

The Senate had already voted to refer that amendment Monday, 28-6 with one not voting. It was sponsored by Sen. Jonathan Dismang, R-Searcy.

This last one probably will not generate as much interest as the other two, which are easier to understand and cover controversial subjects – guns and immigration – that are already on voters’ minds. 

There will be more to say between now and November 2026.

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Will the state’s 23 CVS retail pharmacies be closing? Legally, they would have to do so after Gov. Sarah Huckabee Sanders signed into law House Bill 1150, which prevents companies that operate pharmacy benefit managers (PBMs) from also operating retail pharmacies. Sanders’ office previously had been publicly noncommittal about the legislation. The ban is effective Jan. 1.

PBMs are the middlemen that reimburse pharmacies for dispensing drugs through health insurance plans. Basically, CVS and  other PBMs pay their own pharmacies and also the local pharmacies with which they compete. 

Those local pharmacists have complained for years that those payments are inadequate, late, and unfairly weighted toward the PBM-controlled pharmacies. Attorney General Tim Griffin this past week wrote a letter along with attorneys general from 38 other states and territories asking Congress to take action against the PBMs. The PBMs say they don’t engage in unfair tactics and help patients save money.

CVS has said it would close its Arkansas retail pharmacies if the bill became law, which would put hundreds of employees out of work. We’ll see if it does, or if it files a lawsuit. 

On the one hand, 23 pharmacies don’t mean much to a giant company like CVS. On the other, the company would want to defeat this legislation in court before other states get the same idea.

With 38 other attorneys general signing the letter, the issue is clearly on other states’ radar.

We’ll know more soon.

Steve Brawner’s column is syndicated to 19 outlets in Arkansas. Email him at brawnersteve@mac.com.
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