Arkansas government transparency advocates sued Attorney General Tim Griffin on Tuesday, claiming his repeated rejection of a proposed amendment to the state Constitution is a misuse of his powers.
The nonpartisan Arkansas Citizens for Transparency (ACT) has been trying since November to gain Griffin’s approval of language for two proposed ballot measures: an initiated act to alter the state Freedom of Information Act and a constitutional amendment that would create the right to government transparency and restrict the Legislature’s ability to limit it.
Griffin has until Wednesday to approve or reject the third iteration of the proposed amendment and until Thursday to approve or reject the third iteration of the proposed act.
ACT’s complaint to the Arkansas Supreme Court alleges that Griffin’s refusal to certify previous versions of the Arkansas Government Transparency Amendment was based on personal disapproval and an attempt to prevent the group from having enough time to gather signatures in support of the measures. Proposed amendments require 90,704 signatures from registered voters by July 5 to qualify for the November ballot.
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“The power to initiate an amendment is specifically reserved to the people of this state,” ACT wrote in the complaint. “The Attorney General is using his statutory duty to review and approve a ballot title to prevent the people from proposing the text of the amendment they want, denying approval of a popular name and a ballot title unless the text of the proposed amendment is written as directed by him, and using the ballot title process to prevent the petitioner from collecting signatures on the petition.”
The first two amendment proposals said the state Legislature “shall not make a law that diminishes public access to government” without the approval of the people of Arkansas. The third proposal did not include this clause or a definition of the phrase “diminishes public access to government” in response to one of Griffin’s continuing concerns.
It is not the Attorney General’s right to effectively decide the fate of this measure by denying approval of a popular name and ballot title.
– Arkansas Citizens for Transparency, CV-24-40
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Griffin rejected the first draft of the amendment Dec. 11, saying it lacked clarity in its use of specific terms, including “government transparency,” which he claimed had “partisan coloring” and “seems more designed to persuade than inform” potential voters.
ACT submitted a new draft, which included four potential ballot titles, on Dec. 20 with a definition of government transparency as “the government’s obligation to share information with citizens.”
Earlier this month, Griffin rejected the second draft and wrote in his opinion that a definition was not enough because the existing Arkansas Freedom of Information Act does not use the term “government transparency.”
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“The Attorney General again refused to approve and certify any of the proposed popular names and ballot titles submitted by the Petitioner and failed to substitute and certify a more suitable and correct ballot title and popular name,” ACT’s complaint states. “Instead, he issued a condescending and improper opinion chastising the Petitioner for not following his previous opinion in not writing the text of the measure as he wanted it written and not as the Petitioner wanted.”
David Couch, one of the five attorneys on ACT’s seven-member drafting committee, said after the second rejection that a lawsuit was “imminent” and that Griffin’s decisions violated the people’s constitutional rights.
“I am confident in our review and analysis of ballot submissions and look forward to the Arkansas Supreme Court’s review in this case,” Griffin said in a statement through a spokesperson.
ACT lawsuit CV-24-40
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Reasons for rejection
The Arkansas AG’s office had long reviewed ballot titles and popular names until the General Assembly, with support of then-Attorney General Leslie Rutledge, shifted ballot title certification responsibility to the State Board of Election Commissioners in 2019.
Early last year, Act 194 of 2023 shifted this power back to the attorney general’s office.
The attorney general may reject a ballot title and popular name if they “would be misleading or designed in such manner that a vote “FOR” the issue would be a vote against the matter or viewpoint that the voter believes himself or herself casting a vote for, or, conversely, that a vote “AGAINST” the issue would be a vote for a viewpoint that the voter is against,” according to Act 194.
This was not the case regarding ACT’s first two submissions of the proposed amendment, the complaint states.
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“Because he did not find the ballot title was designed in a misleading manner, he is required to either approve and certify the ballot title submitted or to substitute and certify a ballot title,” the complaint states.
Griffin cited the “lack of the full text” of the amendment as reasons to reject both proposals. He clarified in his second rejection that this meant an “attempt to incorporate key provisions of the FOIA into the constitution by referencing the FOIA’s key terms” without specifically referencing the law or defining those terms. He also wrote that the proposed amendment did not clarify the impact it would have on state statutes.
ACT wrote in the complaint that these reasons did not merit a rejection of the ballot title and popular name.
“The Attorney General’s rejection of the ballot title and popular name demonstrates that he has either a complete lack of understanding of his role in the initiative process or he is intentionally thwarting the effort of the petitioner to get this amendment approved for the ballot so that the voters of the state can decide its merits,” the complaint states. “It is not the Attorney General’s right to effectively decide the fate of this measure by denying approval of a popular name and ballot title.”
State law allows petitioners to appeal to the Supreme Court if they believe a measure has been unfairly rejected. ACT’s complaint asks the court to “compel the Attorney General to approve or rewrite the popular name and ballot title for each measure.”
Ella McCarthy covers state politics and the state Supreme Court. Before joining the Arkansas Democrat-Gazette, she covered Austin City Hall for the Austin American-Statesman, and before that, held a fellowship with ABC News in Washington, D.C., where she covered national politics. A graduate of the Missouri School of Journalism, her work has been recognized by the Hearst Foundation, the Missouri Press Association and LION Publishers in the LION local journalism awards. She contributed to the Statesman’s coverage of a two-city shooting rampage that won a national Edward R. Murrow Award for breaking news coverage.
KATV ABC 7 in Little Rock, Arkansas covers news, sports, weather and the local community in the city and the surrounding area, including Hot Springs, Conway, Pine Bluff, Jacksonville, Sherwood, Stuttgart, Benton, Bauxite, East End, Scott, Pinnacle, Maumelle, Gibson, Landmark and Hensley.
The Little Rock Marathon welcomes runners of all experience levels to run its course each year.
That was best exemplified when its winners crossed the finish line.
The marathon featured 1,427 entrants, ages 16 to 80, with race veterans and first-timers of all ages competing Sunday morning.
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This was the 10th marathon for Benjamin Williams, a 42-year-old Baltimore resident originally from Australia. He hadn’t won prior Sunday but finished second in a marathon in Memphis in 2025 and was determined to finally get over the hump in Little Rock.
“It’s amazing,” Williams said. “I mean, it’s such a beautiful course, and it’s my first time in Arkansas. I love the city, and I’m just so excited to do it.
“I was desperate to win this one. I went to the front in the first mile, and then I ran on my own basically the whole way.”
Williams held an advantage of nearly a minute on the next-closet runner through the first 7 1/2 miles. By the time he hit the half marathon point, 13.1 miles, his lead was just shy of four minutes thanks to a 5:41 pace.
Williams won the marathon with a chip time of 2:32:07. Tyreek Gilkey, 22, of Fort Smith came second with a 2:39:02 chip time. Alec Hewett, 33, of Colorado Springs, Colo., finished third with a chip time of 2:39:50.
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“Little Rock is beautiful,” Williams said. “You know, I was focused on the race, but I’ve been able to see it the last few days, just walking around this beautiful city. The course is actually really hard. There’s a hill as you go up to Hillcrest, that neighborhood. That was a long, brutal hill. And then they get you with a little one just here at the end as well. So, yeah, it was a good course, but tough.”
Williams made sure to mention just how far he’s come in his marathon running career after winning his first.
“This is my 10th,” Williams said. “So hopefully it’s by some other people. My first one took me four hours, and I’ve just slowly brought it down.”
Williams also won the 5K on Saturday with a chip time of 16:22.7.
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As for the women’s race, it was first-timer Holly Moser, 25, who claimed first place. The Greeley, Colo., native who recently moved to Jacksonville finished seventh overall and first among female runners with a time of 2:53:23. She was second or third at each of the first five checkpoints before her 6:36 pace from Mile 21 to Mile 23 pushed her into first.
Moser, like most runners that compete in the Little Rock Marathon, highlighted the hills in the western portion of the course, particularly in the Hillcrest neighborhood, as a challenge.
“You guys managed to find every single hill that exists in the city somehow,” Moser said with a laugh. “I’m not sure how you did it, but you did. The energy was there, so it’s easy to get up those hills. And it was fun to kind of sightsee Little Rock. I still haven’t been to a lot of the neighborhood areas since we live in Jacksonville, so it was nice to get to see like a new area that I haven’t gotten to see before.”
Like Williams, Moser also ran the 5K the day before running the marathon. She finished seventh overall and third among women in that with a time of 19:49.4.
Leah Thorvilson, 47, of Bella Vista finished second among women with a chip time of 2:54:49. Erin Bellissimo, 41, of Monument, Colo., finished third with a 3:02:05 chip time.
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One other finish of note was Aaron McCaleb, who was the first marathon athlete overall to finish with a time of 1:59:48. Competing in the hand cycle division, McCaleb, 22, finished nearly 45 minutes before the nearest cyclist.
Temperatures remained favorable and fan support turnout was strong Sunday, giving competitors like Moser the boost they needed.
“The weather was perfect for the first like two hours, and then that sun came out and it got a little warm, but the support was unmatched,” Moser said. “I mean, every single booth that you passed, the vibes were high. Everyone was cheering. People were screaming your name. It’s easy to run fast when you got that many fans.”
Runners cross the Broadway Bridge as the sun rises over the Arkansas River during the Little Rock Marathon on Sunday, March 1, 2026. (Arkansas Democrat-Gazette/Colin Murphey)
Runners cross the Broadway Bridge into North Little Rock during the Little Rock Marathon on Sunday, March 1, 2026. See more photos at arkansasonline.com/32runners/ (Arkansas Democrat-Gazette/Colin Murphey)
Runners cross the Broadway Bridge during the Little Rock Marathon on Sunday, March 1, 2026. See more photos at arkansasonline.com/32runners/ (Arkansas Democrat-Gazette/Colin Murphey)
Runners cross the Broadway Bridge during the Little Rock Marathon on Sunday, March 1, 2026. See more photos at arkansasonline.com/32runners/ (Arkansas Democrat-Gazette/Colin Murphey)
Runners cross the Broadway Bridge during the Little Rock Marathon on Sunday, March 1, 2026. See more photos at arkansasonline.com/32runners/ (Arkansas Democrat-Gazette/Colin Murphey)
A group of spectators watch runners cross the Broadway Bridge during the Little Rock Marathon on Sunday, March 1, 2026. See more photos at arkansasonline.com/32runners/ (Arkansas Democrat-Gazette/Colin Murphey)
A runner heads toward the finish line on the final stretch of the Little Rock Marathon on Sunday, March 1, 2026. See more photos at arkansasonline.com/32runners/ (Arkansas Democrat-Gazette/Colin Murphey)
Runners cross the Broadway Bridge into North Little Rock during the Little Rock Marathon on Sunday, March 1, 2026. See more photos at arkansasonline.com/32runners/ (Arkansas Democrat-Gazette/Colin Murphey)
Runners cross the Broadway Bridge into North Little Rock during the Little Rock Marathon on Sunday, March 1, 2026. See more photos at arkansasonline.com/32runners/ (Arkansas Democrat-Gazette/Colin Murphey)
Holly Moser heads toward the finish line on the final stretch of the Little Rock Marathon on Sunday, March 1, 2026. Moser would go on to win the women’s race. See more photos at arkansasonline.com/32runners/ (Arkansas Democrat-Gazette/Colin Murphey)
Benjamin Williams heads toward the finish line on the final stretch of the Little Rock Marathon on Sunday, March 1, 2026. Williams would go on to win the men’s race. See more photos at arkansasonline.com/32runners/ (Arkansas Democrat-Gazette/Colin Murphey)
Benjamin Williams heads toward the finish line on the final stretch of the Little Rock Marathon on Sunday, March 1, 2026. Williams would go on to win the men’s race. See more photos at arkansasonline.com/32runners/ (Arkansas Democrat-Gazette/Colin Murphey)
Runners cross the Broadway Bridge into North Little Rock during the Little Rock Marathon on Sunday, March 1, 2026. See more photos at arkansasonline.com/32runners/ (Arkansas Democrat-Gazette/Colin Murphey)
Competitors run past the Arkansas state Capitol during the Little Rock Marathon on Sunday, March 1, 2026. See more photos at arkansasonline.com/32runners/ (Arkansas Democrat-Gazette/Colin Murphey)
Katie Bowser stops to give her husband Larry Bowser a kiss before turning onto Tenth Street from Main Street during the 2026 Little Rock Marathon Sunday, March 1, 2026, in Little Rock. Katie was running the full marathon. See more photos at https://www.arkansasonline.com/0301Runners/..(Arkansas Democrat-Gazette/Adam Vogler)
Marion Milwee, 16, (from left) Jennifer Milwee and Shannon Butler Dixon cheer as Virginia Milwee, their sister, daughter and niece respectively turns on to Commerce Street from Ninth Street during the 2026 Little Rock Marathon Sunday, March 1, 2026, in Little Rock. See more photos at https://www.arkansasonline.com/0301Runners/..(Arkansas Democrat-Gazette/Adam Vogler)
Melinda Asewicz holds up her glass in salute as runners move west on Ninth Street during the 2026 Little Rock Marathon Sunday, March 1, 2026, in Little Rock. See more photos at https://www.arkansasonline.com/0301Runners/..(Arkansas Democrat-Gazette/Adam Vogler)
A runner moves east along Fourth Street during the 2026 Little Rock Marathon Sunday, March 1, 2026, in Little Rock. See more photos at https://www.arkansasonline.com/0301Runners/..(Arkansas Democrat-Gazette/Adam Vogler)
A runner gets a drink from Andrea Rothman as he moves east along Fourth Street during the 2026 Little Rock Marathon Sunday, March 1, 2026, in Little Rock. See more photos at https://www.arkansasonline.com/0301Runners/..(Arkansas Democrat-Gazette/Adam Vogler)
A runner moves east along Fourth Street during the 2026 Little Rock Marathon Sunday, March 1, 2026, in Little Rock. See more photos at https://www.arkansasonline.com/0301Runners/..(Arkansas Democrat-Gazette/Adam Vogler)
Runners move east along Fourth Street during the 2026 Little Rock Marathon Sunday, March 1, 2026, in Little Rock. See more photos at https://www.arkansasonline.com/0301Runners/..(Arkansas Democrat-Gazette/Adam Vogler)
Holly Moser, 25, of Jacksonville, crosses the finish line during the 2026 Little Rock Marathon Sunday, March 1, 2026, in Little Rock. Moser won the women’s race with a time of 2:53:23 the finish line https://www.arkansasonline.com/0301Runners/..(Arkansas Democrat-Gazette/Adam Vogler)
Holly Moser, 25, of Jacksonville, runs to the finish line during the 2026 Little Rock Marathon Sunday, March 1, 2026, in Little Rock. Moser won the women’s race with a time of 2:53:23 the finish line https://www.arkansasonline.com/0301Runners/..(Arkansas Democrat-Gazette/Adam Vogler)
Benjamin Williams of crosses the finish line during the 2026 Little Rock Marathon Sunday, March 1, 2026, in Little Rock.Williams won the men’s race with a time 2:32:07. https://www.arkansasonline.com/0301Runners/..(Arkansas Democrat-Gazette/Adam Vogler)
Benjamin Williams of crosses the finish line during the 2026 Little Rock Marathon Sunday, March 1, 2026, in Little Rock.Williams won the men’s race with a time 2:32:07. https://www.arkansasonline.com/0301Runners/..(Arkansas Democrat-Gazette/Adam Vogler)
Benjamin Williams of Baltimore runs on Ninth Street during the 2026 Little Rock Marathon Sunday, March 1, 2026, in Little Rock. Williams won the men’s race with a time 2:32:07. https://www.arkansasonline.com/0301Runners/..(Arkansas Democrat-Gazette/Adam Vogler)
Benjamin Williams of Baltimore runs on Fourth Street during the 2026 Little Rock Marathon Sunday, March 1, 2026, in Little Rock.Williams won the men’s race with a time 2:32:07. https://www.arkansasonline.com/0301Runners/..(Arkansas Democrat-Gazette/Adam Vogler)
Anne Henry Milner stretches out on the floor of the Statehouse Convention Center after completing the half marathon portion of the 2026 Little Rock Marathon Sunday, March 1, 2026, in Little Rock. See more photos at https://www.arkansasonline.com/0301Runners/..(Arkansas Democrat-Gazette/Adam Vogler)
Runners cross the finish line during the 2026 Little Rock Marathon Sunday, March 1, 2026, in Little Rock. See more photos at https://www.arkansasonline.com/0301Runners/..(Arkansas Democrat-Gazette/Adam Vogler)
A runner crosses the finish line during the 2026 Little Rock Marathon Sunday, March 1, 2026, in Little Rock. See more photos at https://www.arkansasonline.com/0301Runners/..(Arkansas Democrat-Gazette/Adam Vogler)
A runner crosses the finish line during the 2026 Little Rock Marathon Sunday, March 1, 2026, in Little Rock. See more photos at https://www.arkansasonline.com/0301Runners/..(Arkansas Democrat-Gazette/Adam Vogler)
Runners cross the finish line during the 2026 Little Rock Marathon Sunday, March 1, 2026, in Little Rock. See more photos at https://www.arkansasonline.com/0301Runners/..(Arkansas Democrat-Gazette/Adam Vogler)
Runners take to the course at the start of the 2026 Little Rock Marathon Sunday, March 1, 2026, in Little Rock. See more photos at https://www.arkansasonline.com/0301Runners/..(Arkansas Democrat-Gazette/Adam Vogler)
Sam (left) and Elliot Driver talk before the start of the 2026 Little Rock Marathon Sunday, March 1, 2026, in Little Rock. Elliot was running in the half marathon. See more photos at https://www.arkansasonline.com/0302Runners/….(Arkansas Democrat-Gazette/Adam Vogler)..
Maly Tabor (left) and Mary Kate Reid stretch before the start of the 2026 Little Rock Marathon Sunday, March 1, 2026, in Little Rock. Both women were running in the half marathon. See more photos at https://www.arkansasonline.com/0302Runners/….(Arkansas Democrat-Gazette/Adam Vogler)..
A group of runners walk down Main Street on their way to the Statehouse Convention Center for the start of the 2026 Little Rock Marathon Sunday, March 1, 2026, in Little Rock. See more photos at https://www.arkansasonline.com/0302Runners/….(Arkansas Democrat-Gazette/Adam Vogler)..
Volunteers gather outside of the Statehouse Convention Center before the start of the 2026 Little Rock Marathon Sunday, March 1, 2026, in Little Rock. See more photos at https://www.arkansasonline.com/0302Runners/….(Arkansas Democrat-Gazette/Adam Vogler)..
A runner walks towards the starting line of the 2026 Little Rock Marathon Sunday, March 1, 2026, in Little Rock. See more photos at https://www.arkansasonline.com/0302Runners/….(Arkansas Democrat-Gazette/Adam Vogler)..
Runners take to the course at the start of the 2026 Little Rock Marathon Sunday, March 1, 2026, in Little Rock. See more photos at https://www.arkansasonline.com/0301Runners/..(Arkansas Democrat-Gazette/Adam Vogler)
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