NOTICE FOR AMENDMENTS REFERRED TO THE PEOPLE BY THE ARKANSAS GENER ALASSEMBLY Issue No. 3 NOTICE TO THE PUBLIC Pursuant to Article 19, Section 22, of the Arkansas Constitution, the 93rd General Assembly refers the following constitutional amendment to a vote of the people on November 8, 2022, and will appear on the ballot as Issue No 3. Each elector upon voting his/her ballot shall vote for or against this amendment. Underlined language would be added to the present Constitution, Stricken language would be deleted from the present Constitution. This amendment was proposed in the Regular 2021 Session by Senator Raper and filed as SJR 14. ISSUE NO. 3 Popular Name A Constitutional Amendment to Create the "Arkansas Religious Freedom Amendment Ballet Tide AN AMENDMENT TO THE ARKANSAS CONSTITUTION TO CREATE THE "ARKAN- SAS RELIGIOUS FREEDOM AMENDMENT AND TO PROVIDE THAT GOVERN MENT MAY NEVER BURDEN A PERSON'S FREEDOM OF RELIGION EXCEPT IN THE RARE CIRCUMSTANCE THAT THE GOVERNMENT DEMON STRATES THAT APPLICATION OF THE BURDEN TO THE PERSON IS IN FURTHERANCE OF A COMPELLING GOVERN- MENT INTEREST AND IS THE LEAST RESTRICTIVE MEANS OF FURTHERING THAT COMPELLING GOVERNMENT INTEREST. BE IT RESOLVED BY THE SENATE OF THE NINE- TY-THIRD GENERAL ASSEM BLY OF THE STATE OF AR KANSAS, AND BY THE HOUSE OF REPRESENTATIVES, A MAJORITY OF ALL MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO, That the following is proposed as an amendment to the Constitution of the State of Arkansas, and upon being submitted to the electors of the state for approval or rejection at the next general election for Representatives and Senators, if a majority of the electors voting thereon at the election adopt the amendment, the amendment shall become a part of the Constitution of the State of Arkansas, to wit SECTION 1. This amendment shall be known and may be cited as the "Arkansas Religious Free dom Amendment SECTION 2. (a) The General Assembly finds (1) The framers of the United States Constitution.co nizing free exercise of religion as an unalienable right, secured its protection in the First Amendment to the United States Constitution: (2) The framers of the Arkansas Constitution of 1874. also recognizing the free exercise. of religion as an unalienable right secured the protection of religious freedom in Arkansas Constitution. Article 2.5 24 (3) Eederal and state laws. "nestral toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise (4) Goverments should not burden religious exercise. without compelling justification. In Employment Division v. Smith, 494 U.S. 872 (1990), the United States Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral. toward religion: (6) The compelling interest test as set forth in prior court rul ings is a workable test for striking sensible balances between reli gious liberty and competing gov emment interests in arcas ranging. from public education (podagog ical interests and religious rights. including recognizing regulations. necessary to alleviate interference with the educational processer sus rights of religious freedom). national defense (conscription and conscientious objection, including the need to raise an army versus rights to object to individual participation), and other areas of important mutual concern and (7) The United States Congress passed the Religious Freedom Act. 42 U.S.C.2000bb, to establish the compelling interest test set forth in prior federal court rulings. but in City of Bocme.x. Flores. 117. S.Ct. 2157 (1997), the United States Supreme Court held the act unconstitutional stating that the right to regulate was retained by the states. (b) The purpose of this amendment is 10: (1) Guarantee that the free dom of religion is not burdened by state and local law, and (2) Provide a claim.or. defense to persons whose religious freedom is burdened by govem me SECTION 3. Ased in this. amendment "Demonstrates means mesting the burden of going forward with the evidence and of persuasion (2) "Freedom of religion means the free exercise of religion. under Arkansas Constitution. Article 2.524 (3) "Government man (A) A branch, department.. agency, or instrumentality of the State of Arkansas. (B) Apolitical subdivision. of the state, including without limitation a county, municipali township, or other unit of local. government. An official acting on behalf of government, and (D) A person acting under the color of law of the State of Arkansas and (4) "Rule" meam a stalk: ment of Arkansas Jas, including without limitation a (A) Statute (B) Rule: (C) Regulation (D) Ordinanc (E) Administrative provision. (E) Administrative ruling (G) Guideline.or (HD Requirement. SECTION 4. (a) Except as provid od in subsection (b) of this section. govemment shall not bunda. person's freedom of religion even if the burden results from a.ruk.of general applicability. (b) Government may burden a person's freedom of religion only if the government. demonstrates that application of the burden to the person: 200 Is in furtherance.of.a. compelling government interest and (2) Is the least restrictive means of furthering that compel: ling government interest. (c) Aperson whose reli: gious freedom has been burdened. in violation of this section may assert that violation as a claim or defense in a judicial, admin istrative, or other appropriate. proceeding and obtain appropriate relief against a government. SECTION 5. (a) This amendment applies to cach rak of government and its implementation regardless of whether the rule: (1) Is statutory (2) Was adopted prior to.or after the effective date of this amendment. (b) This amendment shall not be construed to: Authorize a govern ment to burden a religious belief. of (2) Affect, interpret, or in any way. address: (A) The portions of the United States Constitution. First Amendment, permitting the free. exercise of religion or prohibiting laws respecting the establishment. of religion or (B) Article 2.524 of this. constitution regarding religious liberty. SECTION 6. (a) This amendment shall be liberally construed to f fectuate its remedial and deterrent purposes. (b) If any provision of this. amendment or its application to at particular person or circum stance is held invalid, that provi sion or its application is severable. and does not affect the validity of other provisions or applications of this amendment. SECTION 7. EFFECTIVE DATE. This amendment shall be effective on and after November 9, 2022. IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND FIXED THE OFFICIAL SEAL OF THE OFFICE OF THE SECRETARY OF STATE ON THIS 8TH DAY OF MAY 2022. JOHN THURSTON SECRETARY OF STATE STATE OF ARKANSAS NOTICE FOR AMENDMENTS REFERRED TO THE PEOPLE BY THE ARKANSAS GENER ALASSEMBLY Issue No. 3 NOTICE TO THE PUBLIC Pursuant to Article 19 , Section 22 , of the Arkansas Constitution , the 93rd General Assembly refers the following constitutional amendment to a vote of the people on November 8 , 2022 , and will appear on the ballot as Issue No 3. Each elector upon voting his / her ballot shall vote for or against this amendment . Underlined language would be added to the present Constitution , Stricken language would be deleted from the present Constitution . This amendment was proposed in the Regular 2021 Session by Senator Raper and filed as SJR 14 . ISSUE NO . 3 Popular Name A Constitutional Amendment to Create the " Arkansas Religious Freedom Amendment Ballet Tide AN AMENDMENT TO THE ARKANSAS CONSTITUTION TO CREATE THE " ARKAN SAS RELIGIOUS FREEDOM AMENDMENT AND TO PROVIDE THAT GOVERN MENT MAY NEVER BURDEN A PERSON'S FREEDOM OF RELIGION EXCEPT IN THE RARE CIRCUMSTANCE THAT THE GOVERNMENT DEMON STRATES THAT APPLICATION OF THE BURDEN TO THE PERSON IS IN FURTHERANCE OF A COMPELLING GOVERN MENT INTEREST AND IS THE LEAST RESTRICTIVE MEANS OF FURTHERING THAT COMPELLING GOVERNMENT INTEREST . BE IT RESOLVED BY THE SENATE OF THE NINE TY - THIRD GENERAL ASSEM BLY OF THE STATE OF AR KANSAS , AND BY THE HOUSE OF REPRESENTATIVES , A MAJORITY OF ALL MEMBERS ELECTED TO EACH HOUSE AGREEING THERETO , That the following is proposed as an amendment to the Constitution of the State of Arkansas , and upon being submitted to the electors of the state for approval or rejection at the next general election for Representatives and Senators , if a majority of the electors voting thereon at the election adopt the amendment , the amendment shall become a part of the Constitution of the State of Arkansas , to wit SECTION 1. This amendment shall be known and may be cited as the " Arkansas Religious Free dom Amendment SECTION 2. ( a ) The General Assembly finds ( 1 ) The framers of the United States Constitution.co nizing free exercise of religion as an unalienable right , secured its protection in the First Amendment to the United States Constitution : ( 2 ) The framers of the Arkansas Constitution of 1874 . also recognizing the free exercise . of religion as an unalienable right secured the protection of religious freedom in Arkansas Constitution . Article 2.5 24 ( 3 ) Eederal and state laws . " nestral toward religion may burden religious exercise as surely as laws intended to interfere with religious exercise ( 4 ) Goverments should not burden religious exercise . without compelling justification . In Employment Division v . Smith , 494 U.S. 872 ( 1990 ) , the United States Supreme Court virtually eliminated the requirement that the government justify burdens on religious exercise imposed by laws neutral . toward religion : ( 6 ) The compelling interest test as set forth in prior court rul ings is a workable test for striking sensible balances between reli gious liberty and competing gov emment interests in arcas ranging . from public education ( podagog ical interests and religious rights . including recognizing regulations . necessary to alleviate interference with the educational processer sus rights of religious freedom ) . national defense ( conscription and conscientious objection , including the need to raise an army versus rights to object to individual participation ) , and other areas of important mutual concern and ( 7 ) The United States Congress passed the Religious Freedom Act . 42 U.S.C.2000bb , to establish the compelling interest test set forth in prior federal court rulings . but in City of Bocme.x . Flores . 117. S.Ct. 2157 ( 1997 ) , the United States Supreme Court held the act unconstitutional stating that the right to regulate was retained by the states . ( b ) The purpose of this amendment is 10 : ( 1 ) Guarantee that the free dom of religion is not burdened by state and local law , and ( 2 ) Provide a claim.or . defense to persons whose religious freedom is burdened by govem me SECTION 3. Ased in this . amendment " Demonstrates means mesting the burden of going forward with the evidence and of persuasion ( 2 ) " Freedom of religion means the free exercise of religion . under Arkansas Constitution . Article 2.524 ( 3 ) " Government man ( A ) A branch , department .. agency , or instrumentality of the State of Arkansas . ( B ) Apolitical subdivision . of the state , including without limitation a county , municipali township , or other unit of local . government . An official acting on behalf of government , and ( D ) A person acting under the color of law of the State of Arkansas and ( 4 ) " Rule " meam a stalk : ment of Arkansas Jas , including without limitation a ( A ) Statute ( B ) Rule : ( C ) Regulation ( D ) Ordinanc ( E ) Administrative provision . ( E ) Administrative ruling ( G ) Guideline.or ( HD Requirement . SECTION 4. ( a ) Except as provid od in subsection ( b ) of this section . govemment shall not bunda . person's freedom of religion even if the burden results from a.ruk.of general applicability . ( b ) Government may burden a person's freedom of religion only if the government . demonstrates that application of the burden to the person : 200 Is in furtherance.of.a . compelling government interest and ( 2 ) Is the least restrictive means of furthering that compel : ling government interest . ( c ) Aperson whose reli : gious freedom has been burdened . in violation of this section may assert that violation as a claim or defense in a judicial , admin istrative , or other appropriate . proceeding and obtain appropriate relief against a government . SECTION 5. ( a ) This amendment applies to cach rak of government and its implementation regardless of whether the rule : ( 1 ) Is statutory ( 2 ) Was adopted prior to.or after the effective date of this amendment . ( b ) This amendment shall not be construed to : Authorize a govern ment to burden a religious belief . of ( 2 ) Affect , interpret , or in any way . address : ( A ) The portions of the United States Constitution . First Amendment , permitting the free . exercise of religion or prohibiting laws respecting the establishment . of religion or ( B ) Article 2.524 of this . constitution regarding religious liberty . SECTION 6. ( a ) This amendment shall be liberally construed to f fectuate its remedial and deterrent purposes . ( b ) If any provision of this . amendment or its application to at particular person or circum stance is held invalid , that provi sion or its application is severable . and does not affect the validity of other provisions or applications of this amendment . SECTION 7. EFFECTIVE DATE . This amendment shall be effective on and after November 9 , 2022 . IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND FIXED THE OFFICIAL SEAL OF THE OFFICE OF THE SECRETARY OF STATE ON THIS 8TH DAY OF MAY 2022 . JOHN THURSTON SECRETARY OF STATE STATE OF ARKANSAS