Hiring and training of paid canvassers

Ark. Code Ann. § 3-8-802 — under Local Option.

Ark. Code Ann. § 3-8-802

(a) (1) A person shall not provide money or anything of value to another person for obtaining signatures on a local option election petition unless the person receiving the money or item of value meets the requirements of this section.(2) Before a signature is solicited by a paid canvasser, the sponsor shall:(A) Explain the Arkansas law applicable to obtaining signatures on a local option election petition to the canvasser;(B) (i) Provide a complete list of all paid canvassers' names and current residential addresses to the county clerk.(ii) If additional paid canvassers agree to solicit signatures on behalf of a sponsor after the complete list is provided, the sponsor shall provide an updated list of all paid canvassers' names and current residential addresses to the county clerk;(C) Submit to the county clerk a copy of the signed statement provided by the paid canvasser under subdivision (c)(3) of this section;(D) Instruct the paid canvasser to provide the sponsor sufficient information of the paid canvasser's identity to allow the sponsor to obtain the criminal history and criminal record of the paid canvasser within thirty (30) days before the date that the paid canvasser begins collecting signatures;(E) Obtain the criminal history and criminal record of the paid canvasser; and(F) Contact the appropriate authority in the state or jurisdiction if a paid canvasser's criminal history and criminal record indicate an open or pending criminal charge that constitutes a disqualifying offense to determine the ultimate disposition or current status of the charge.(3) Upon filing the petition with the county clerk, the sponsor shall submit to the county clerk a:(A) Final list of the names and current residential addresses of each paid canvasser; and(B) Signature card for each paid canvasser.

(1) A person shall not provide money or anything of value to another person for obtaining signatures on a local option election petition unless the person receiving the money or item of value meets the requirements of this section.

(2) Before a signature is solicited by a paid canvasser, the sponsor shall:(A) Explain the Arkansas law applicable to obtaining signatures on a local option election petition to the canvasser;(B) (i) Provide a complete list of all paid canvassers' names and current residential addresses to the county clerk.(ii) If additional paid canvassers agree to solicit signatures on behalf of a sponsor after the complete list is provided, the sponsor shall provide an updated list of all paid canvassers' names and current residential addresses to the county clerk;(C) Submit to the county clerk a copy of the signed statement provided by the paid canvasser under subdivision (c)(3) of this section;(D) Instruct the paid canvasser to provide the sponsor sufficient information of the paid canvasser's identity to allow the sponsor to obtain the criminal history and criminal record of the paid canvasser within thirty (30) days before the date that the paid canvasser begins collecting signatures;(E) Obtain the criminal history and criminal record of the paid canvasser; and(F) Contact the appropriate authority in the state or jurisdiction if a paid canvasser's criminal history and criminal record indicate an open or pending criminal charge that constitutes a disqualifying offense to determine the ultimate disposition or current status of the charge.

(A) Explain the Arkansas law applicable to obtaining signatures on a local option election petition to the canvasser;

(B) (i) Provide a complete list of all paid canvassers' names and current residential addresses to the county clerk.(ii) If additional paid canvassers agree to solicit signatures on behalf of a sponsor after the complete list is provided, the sponsor shall provide an updated list of all paid canvassers' names and current residential addresses to the county clerk;

(i) Provide a complete list of all paid canvassers' names and current residential addresses to the county clerk.

(ii) If additional paid canvassers agree to solicit signatures on behalf of a sponsor after the complete list is provided, the sponsor shall provide an updated list of all paid canvassers' names and current residential addresses to the county clerk;

(C) Submit to the county clerk a copy of the signed statement provided by the paid canvasser under subdivision (c)(3) of this section;

(D) Instruct the paid canvasser to provide the sponsor sufficient information of the paid canvasser's identity to allow the sponsor to obtain the criminal history and criminal record of the paid canvasser within thirty (30) days before the date that the paid canvasser begins collecting signatures;

(E) Obtain the criminal history and criminal record of the paid canvasser; and

(F) Contact the appropriate authority in the state or jurisdiction if a paid canvasser's criminal history and criminal record indicate an open or pending criminal charge that constitutes a disqualifying offense to determine the ultimate disposition or current status of the charge.

(3) Upon filing the petition with the county clerk, the sponsor shall submit to the county clerk a:(A) Final list of the names and current residential addresses of each paid canvasser; and(B) Signature card for each paid canvasser.

(A) Final list of the names and current residential addresses of each paid canvasser; and

(B) Signature card for each paid canvasser.

(b) (1) To verify that there are no disqualifying offenses on record, a sponsor shall obtain at the sponsor's cost from the Division of Arkansas State Police a current state criminal history and criminal record search on every paid canvasser to be registered with the county clerk.(2) The criminal history and criminal record search required by this section shall be obtained within thirty (30) days before the date that the paid canvasser begins collecting signatures.(3) Upon submission of the sponsor's list of paid canvassers to the county clerk, the sponsor shall certify to the county clerk that each paid canvasser in the sponsor's employ has no disqualifying offenses in accordance with this section.(4) A willful violation of this section by a sponsor or paid canvasser constitutes a Class A misdemeanor.(5) The sponsor shall bear the ultimate burden of proving that a paid canvasser registered by the sponsor does not have a disqualifying offense in an administrative proceeding or judicial proceeding.

(1) To verify that there are no disqualifying offenses on record, a sponsor shall obtain at the sponsor's cost from the Division of Arkansas State Police a current state criminal history and criminal record search on every paid canvasser to be registered with the county clerk.

(2) The criminal history and criminal record search required by this section shall be obtained within thirty (30) days before the date that the paid canvasser begins collecting signatures.

(3) Upon submission of the sponsor's list of paid canvassers to the county clerk, the sponsor shall certify to the county clerk that each paid canvasser in the sponsor's employ has no disqualifying offenses in accordance with this section.

(4) A willful violation of this section by a sponsor or paid canvasser constitutes a Class A misdemeanor.

(5) The sponsor shall bear the ultimate burden of proving that a paid canvasser registered by the sponsor does not have a disqualifying offense in an administrative proceeding or judicial proceeding.

(c) Before obtaining a signature on a local option election petition as a paid canvasser, a person shall submit in person or by mail to the sponsor:(1) The full name and any assumed name of the person;(2) The current residence address of the person and the person's permanent domicile address if the person's permanent domicile address is different from the person's current residence address;(3) A signed statement taken under oath or solemn affirmation that states that the person has not pleaded guilty or nolo contendere to or been found guilty of a disqualifying offense under § 7-9-601(d)(3)(B) in any state of the United States, District of Columbia, Puerto Rico, Guam, or any other United States protectorate;(4) A signed statement that the person has read and understands the Arkansas law applicable to obtaining signatures on a local option election petition; and(5) A photograph of the person taken within ninety (90) days of the submission of the information required under this section.

(1) The full name and any assumed name of the person;

(2) The current residence address of the person and the person's permanent domicile address if the person's permanent domicile address is different from the person's current residence address;

(3) A signed statement taken under oath or solemn affirmation that states that the person has not pleaded guilty or nolo contendere to or been found guilty of a disqualifying offense under § 7-9-601(d)(3)(B) in any state of the United States, District of Columbia, Puerto Rico, Guam, or any other United States protectorate;

(4) A signed statement that the person has read and understands the Arkansas law applicable to obtaining signatures on a local option election petition; and

(5) A photograph of the person taken within ninety (90) days of the submission of the information required under this section.

(d) A sponsor shall maintain the information required under this section for each paid canvasser for three (3) years after the general election.

(e) Signatures incorrectly obtained or submitted under this section shall not be counted by the county clerk for any purpose.

(f) (1) It is unlawful for a person to pay or offer to pay a person, or receive payment or agree to receive payment, on a basis related to the number of signatures obtained on a local option election petition.(2) This subsection does not prohibit compensation for circulating petitions but only compensation for obtaining signatures when the compensation or compensation level is impacted by or related to the number of signatures obtained.(3) A signature obtained in violation of this subsection is void and shall not be counted.(4) A violation under this subsection is a Class A misdemeanor.

(1) It is unlawful for a person to pay or offer to pay a person, or receive payment or agree to receive payment, on a basis related to the number of signatures obtained on a local option election petition.

(2) This subsection does not prohibit compensation for circulating petitions but only compensation for obtaining signatures when the compensation or compensation level is impacted by or related to the number of signatures obtained.

(3) A signature obtained in violation of this subsection is void and shall not be counted.

(4) A violation under this subsection is a Class A misdemeanor.