1990 Arkansas Amendment 3

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Proposed Constitutional Amendment 3
November 6, 1990
Results
Choice
 Votes %
Yes 273,527 50.96%
No 263,261 49.04%
Total votes 536,788 100.00%
Source: Secretary of State of Arkansas[1]

1990 Arkansas Amendment 3 was a ballot measure on the November 6, 1990, general election ballot to amend the Constitution of Arkansas to repeal Amendment 44, which was intended to allow the state to nullify federal integration laws. Amendment 44 had previously been overturned in 1989 by a federal court, but was still part of the state constitution. The ballot measure passed with 50.96% of the vote, repealing Amendment 44.

Background

In 1954, the

legislatively referred to voters, who approved it in 1956 by 56% to 44%. It was therefore incorporated into the Arkansas constitution, as Amendment 44.[2]

Amendment 44 was challenged in the 1989 legal case Dietz v. State of Arkansas, which was heard in the United States District Court for the Eastern District of Arkansas. Judge Henry Woods ruled the amendment unconstitutional, because it violated the Supremacy Clause of the US Constitution.[3] Following this, the Arkansas General Assembly referred Amendment 3 to the 1990 ballot, to remove the outdated text from the constitution. Lloyd R. George, who sponsored the amendment in the legislature, wrote that "it's terrible that it's on the books and used in a court case as reflecting on the attitude of the people of Arkansas", and strongly urged its repeal.[4] The amendment had been ignored by state officials since its passing in 1956.[5]

Contents

The amendment appeared on the ballot as follows:[6]

Amendment 44 to the Arkansas Constitution is hereby repealed.

Support and opposition

There was no significant campaign either for or against the amendment.

segregationist throughout the 1960s and 1970s, aired ads in the week leading up to the election urging voters to reject Amendment 3, as well as the other statewide ballot measures.[5]

Results and analysis

Proposed Constitutional Amendment 3[1]
Choice Votes %
Referendum passed Yes 273,527 50.96
No 263,261 49.04
Total votes 536,788 100.00

Amendment 3 passed narrowly with 50.96% of the vote.

racial resentment and general unfamiliarity with the measure, as it failed in some majority black precincts.[7]

References

  1. ^ a b c "Arkansas Election Results 1990" (PDF). Secretary of State of Arkansas. Archived from the original (PDF) on October 18, 2022. Retrieved November 2, 2022.
  2. ^ "Arkansas Interposition, Proposed Amendment 47 (1956)". Ballotpedia. Retrieved November 2, 2022.
  3. E.D. Ark.
    1989).
  4. ^ a b Qualls, Bob (November 2, 1990). "Bulletin Editorial: For Amendment 3". The Baxter Bulletin. p. 4A. Retrieved November 2, 2022.
  5. ^ a b "Amendment 3 holds narrow lead". The Baxter Bulletin. Associated Press. November 7, 1990. p. 7A. Retrieved November 2, 2022.
  6. ^ HJR1003 - PROPOSING AN AMENDMENT TO THE ARKANSAS CONSTITUTION TO REPEAL AMENDMENT 44 Arkansas General Assembly
  7. ^ Barnes, Steve (November 10, 1990). "The progressive spirit prevailed". The Baxter Bulletin. p. 4. Retrieved November 2, 2022.

External links

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