Signing of petition — Penalty for falsification — Notice of suspected forgery

Ark. Code Ann. § 3-8-805 — under Local Option.

Ark. Code Ann. § 3-8-805

(a) (1) A person signing a petition under this subchapter shall:(A) Be a registered voter; and(B) 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, sign his or her own name and print his or her own name, address, birthdate, and the date of signing on a petition in his or her own handwriting.(2) If a person signing a petition under subdivision (a)(1) of this section requires assistance due to disability, another person:(A) May print the name, address, birthdate, and the date of signing; and(B) 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 canvasser unless he or she is a citizen of the United States.(5) A person shall not act as a canvasser unless he or she is a resident of this state.(6) 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.

(1) A person signing a petition under this subchapter shall:(A) Be a registered voter; and(B) 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, sign his or her own name and print his or her own name, address, birthdate, and the date of signing on a petition in his or her own handwriting.

(A) Be a registered voter; and

(B) 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, sign his or her own name and print his or her own name, address, birthdate, and the date of signing on a petition in his or her own handwriting.

(2) If a person signing a petition under subdivision (a)(1) of this section requires assistance due to disability, another person:(A) May print the name, address, birthdate, and the date of signing; and(B) Shall sign and print his or her name in the margin of the petition.

(A) May print the name, address, birthdate, and the date of signing; and

(B) 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 canvasser unless he or she is a citizen of the United States.

(5) A person shall not act as a canvasser unless he or she is a resident of this state.

(6) 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.

(A) Verbal notification; or

(B) If verbal notification is impossible, written notification with a document that is provided separately from all other petition materials.

(b) A person commits a Class A misdemeanor if the person, acting as a canvasser, notary, sponsor, or agent of a sponsor knowingly:(1) Signs a name other than his or her own to a petition;(2) Prints a name, address, or birthdate 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) 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 county clerk;(6) 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;(7) 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; or(8) 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 under subdivision (a)(6) of this section.

(1) Signs a name other than his or her own to a petition;

(2) Prints a name, address, or birthdate 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) 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 county clerk;

(6) 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;

(7) 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; or

(8) 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 under subdivision (a)(6) of this section.

(c) When the official charged with verifying the signatures has reasonable grounds to believe that one (1) or more signatures on a petition is forged, excluding signatures apparently signed by one spouse for another, 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.

(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.

(d) (1) The county clerk shall not count signatures collected and witnessed by a canvasser if 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 a local option election petition during the current election cycle.(2) This subsection shall not constrain the duties and authority of the county clerk as set forth in Arkansas law.

(1) The county clerk shall not count signatures collected and witnessed by a canvasser if 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 a local option election petition during the current election cycle.

(2) This subsection shall not constrain the duties and authority of the county clerk as set forth in Arkansas law.