(a)(1)(A) After reading the ballot title of the petition in the presence of the canvasser or having the ballot title of the petition read aloud to him or her in the presence of the canvasser, a person who is a registered voter of this state may sign his or her own name and print his or her own name, address, birth date, and the date of signing on an initiative or referendum petition in his or her own proper handwriting, and not otherwise, to order an initiative or referendum vote upon a proposed amendment or a proposed or referred act. (B) If a person signing a petition under subdivision (a)(1)(A) of this section requires assistance due to disability, another person: (i) May print the name, address, birth date, and the date of signing; and (ii) Shall sign and print his or her name in the margin of the petition. (2)(A) A person who is a registered voter of a municipality or county of this state may sign his or her own name and print his or her own name, address, birth date, and the date of signing on an initiative or referendum petition in his or her own proper handwriting, and not otherwise, to order an initiative or referendum vote upon a proposed or referred ordinance. (B) If a person signing a petition under subdivision (a)(2)(A) of this section requires assistance due to disability, another person: (i) May print the name, address, birth date, and the date of signing; and (ii) Shall sign and print his or her name in the margin of the petition. (3) A person who is under eighteen (18) years of age shall not act as a canvasser. (4) A person shall not act as a paid canvasser on a statewide initiative petition, statewide referendum petition, local initiative petition, or local referendum petition if the sponsor has not provided the information required under § 7-9-601 before the person solicits signatures on a petition to the: (A) Secretary of State for a statewide initiative petition or statewide referendum petition; and (B) County clerk for a local initiative petition or local referendum petition. (5) A person shall not act as a canvasser unless he or she is a citizen of the United States. (6) A person shall not act as a canvasser unless he or she is a resident of this state. Previous Next Page INITIATIVES, REFERENDA, ETC. 7-9-103 (7) A person acting as a canvasser shall not obtain a signature for a petition without disclosing to the potential petitioner that petition fraud is a criminal offense before the potential petitioner signs the petition in the custody of the canvasser by: (A) Verbal notification; or (B) If verbal notification is impossible, written notification with a document that is provided separately from all other petition materials. (8) A person shall not act as a paid canvasser unless he or she is: (A) A resident of this state; and (B) Domiciled in the state if acting as a paid canvasser for a statewide initiative petition or statewide referendum petition. (b) A person commits a Class A misdemeanor if the person knowingly: (1) Signs a name other than his or her own name to a petition; (2) Signs his or her name more than one (1) time to a petition; (3) Signs a petition when he or she is not legally entitled to sign the petition; (4) Prints a name, address, or birth date other than his or her own on a petition unless the signer requires assistance due to disability and the person complies with this section; or (5) Prints the date of signing for another person unless the signer requires assistance due to disability and the person complies with this section. (c) A person commits a Class A misdemeanor if the person, acting as a canvasser, notary, sponsor, or agent of a sponsor: (1) Signs a name other than his or her own to a petition; (2) Prints a name, address, or birth date other than his or her own on a petition unless the signer requires assistance due to disability and the person complies with this section; (3) Solicits or obtains a signature to a petition knowing that the person signing is not qualified to sign the petition; (4) Knowingly pays a person any form of compensation in exchange for signing a petition as a petitioner; (5) Accepts or pays money or anything of value for obtaining signatures on a petition when the person acting as a canvasser, sponsor, or agent of a sponsor knows that the person acting as canvasser’s name or address is not included on the sponsor’s list filed with the Secretary of State or the county clerk under § 7-9-601; (6) Knowingly misrepresents the purpose and effect of the petition or the measure affected for the purpose of causing a person to sign a petition; (7) As a canvasser, knowingly makes a false statement on a petition verification form; (8) As a notary, fails to witness a canvasser’s affidavit by witnessing the signing of the instrument in person and either personally knowing the signer or being presented with proof of identity of the signer; (9) As a sponsor, files a petition part with the official charged with verifying the signatures knowing that the petition part contains one (1) or more false or fraudulent signatures unless each false or fraudulent signature is clearly stricken by the sponsor before filing; (10) As a canvasser, fails to disclose to a potential petitioner that petition fraud is a criminal offense before the potential petitioner signs the petition in the custody of the canvasser as described under subdivision (a)(7) of this section; or (11) As a canvasser, knowingly accepts a signature when the person signing the petition has not read the ballot title of the petition in the presence of the canvasser or the ballot title of the petition has not been read aloud to the person in the presence of the canvasser. (d)(1) A person acting as a sponsor or an agent of a sponsor shall not knowingly hire a person as a paid canvasser who: (A) Is not a resident of this state; and (B) Is not domiciled in the state if acting as a paid canvasser for a statewide initiative petition or statewide referendum petition. (2) A person who fails to comply with subdivision (d)(1) of this section is guilty of a violation and upon conviction shall be fined two thousand five hundred dollars ($2,500) for each paid canvasser hired in violation of subdivision (d)(1) of this section. Previous Next Page 7-9-104 ELECTIONS (e) When the official charged with verifying the signatures has reasonable grounds to believe that one (1) or more signatures on a petition is forged, the official shall report the suspected forgery and basis for suspecting forgery to: (1) The Division of Arkansas State Police, in the case of a statewide petition; or (2) The prosecuting attorney of the county, in the case of a local petition. (f) A signature on an initiative or referendum petition is not valid and shall not be counted for any purpose if the signature was obtained after the date of the next general election following the certification of the ballot title and popular name under § 7-9-107. (g)(1) The Secretary of State shall not count signatures collected and witnessed by a canvasser for a statewide initiative petition or statewide referendum petition and the county clerk shall not count signatures collected and witnessed by a canvasser for a local initiative petition or local referendum petition if the Secretary of State or the county clerk finds by a preponderance of the evidence that the canvasser has violated Arkansas laws regarding canvassing, perjury, forgery, or fraudulent practices in the procurement of petition signatures or any provision of the Arkansas Constitution applicable to the collection of signatures on an initiative petition or referendum petition during the current election cycle. (2) This subsection shall not constrain the duties and authority of the Secretary of State or the county clerk as set forth in Arkansas law.
§ Ark. Code § 7-9-103Signing of petition — Penalty for falsification — Notice of suspected forgery
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