State Rep. Ken Ferguson, D-Pine Bluff, said this week he unintentionally voted for Senate Bill 3, which would end affirmative action in Arkansas if signed into law.
The bill passed out of the state House of Representatives 65-27, with four not voting and four marked present on Feb. 6. It was amended for a second time in the House and, when sent back to the Senate, re-referred to the Senate State Agencies & Governmental Affairs Committee, which returned it Tuesday with a “do pass” recommendation.
The intent of SB3, sponsored by Sen. Dan Sullivan, R-Jonesboro, and Rep. Mary Bentley, R-Perryville, by title is “To prohibit discrimination or preferential treatment by the state of Arkansas and other public entities.”
Ferguson had spoken against SB3, mentioning the possibility of scholarships for minorities at non-historically Black colleges and universities coming to an end and pointing out the bill did not define either “critical needs,” “civil rights” or “bona fide qualifications based on sex.”
Ferguson said the voting error occurred while he was focused on Senate Bill 182, the now-signed bill that forces Jefferson County to operate under the last-passed 2024 budget until the Quorum Court approves one for 2025 and end a payroll standstill that lasted more than a month. A House committee shortly after the floor session last Thursday recommended SB182, which Gov. Sarah Huckabee Sanders signed Monday as Act 24.
Independent reporting for Pine Bluff & Jefferson County since 1879.
“I’m going over certain aspects on the politics of the bill,” Ferguson said of SB3. “I stood up while sitting in the back, and I was getting the attention of my seatmate to hit ‘no’ for us. I inadvertently hit ‘yes’.”
Ferguson said he contacted the House clerk in writing when he realized his mistake and declared his intention to vote “no”.
Ferguson committed a similar error while voting on a similar Senate bill in April 2023. SB71, which Sullivan also sponsored, failed 51-27 in the House. Ferguson said at the time he hit the green button for “yes” when he jumped up out of excitement and tried to change it to “no”.
“I guess lightning struck twice,” Ferguson said Tuesday.
In a statement Ferguson mentioned he understands the importance and historical significance of affirmative action and is committed to working for fairness for all Arkansans.