Form of verification — Penalty for false statement — Definition

Ark. Code Ann. § 3-8-808 — under Local Option.

Ark. Code Ann. § 3-8-808

(a) Each petition containing signatures shall be verified in substantially the following form by the canvasser's affidavit thereon as a part thereof:“State of Arkansas, County of _____________I, _____________ (print name of canvasser) _____________, being duly sworn, state that each of the foregoing persons signed his or her own name to this sheet of the petition in my presence. To the best of my knowledge and belief, each signature is genuine and each signer is a registered voter of _____________ County, or City or Incorporated Town of _____________. At all times during the circulation of this signature sheet, an exact copy of the popular name, ballot title, and text was attached to the signature sheet, and each signer read the ballot title of the petition or had the ballot title of the petition read to the signer in my presence. My current residence address is correctly stated below.Signature_____________Residence _____________Indicate one: _____________ Paid Canvasser _____________ Volunteer/Unpaid CanvasserSubscribed and sworn to before me this _____________day of _____________, 20_____________Signature_____________Clerk, Notary, Judge, or Justice of the PeaceSeal_____________ ”.

“State of Arkansas, County of _____________

I, _____________ (print name of canvasser) _____________, being duly sworn, state that each of the foregoing persons signed his or her own name to this sheet of the petition in my presence. To the best of my knowledge and belief, each signature is genuine and each signer is a registered voter of _____________ County, or City or Incorporated Town of _____________. At all times during the circulation of this signature sheet, an exact copy of the popular name, ballot title, and text was attached to the signature sheet, and each signer read the ballot title of the petition or had the ballot title of the petition read to the signer in my presence. My current residence address is correctly stated below.

Signature_____________

Residence _____________

Indicate one: _____________ Paid Canvasser _____________ Volunteer/Unpaid Canvasser

Subscribed and sworn to before me this _____________day of _____________, 20_____________

Signature_____________

Clerk, Notary, Judge, or Justice of the Peace

Seal_____________ ”.

(b) (1) If the form under this section is substantially followed in a petition, it is sufficient.(2) The form shall not be held insufficient for clerical and merely technical errors.

(1) If the form under this section is substantially followed in a petition, it is sufficient.

(2) The form shall not be held insufficient for clerical and merely technical errors.

(c) (1) Petitions shall not be disqualified due to clerical or technical errors made by a clerk, notary, judge, or justice of the peace when verifying the canvasser's signature.(2) Petitions shall not be disqualified for failure of a clerk, notary, judge, or justice of the peace to sign exactly as his or her name appears on his or her seal if the signature of a clerk, notary, judge, or justice of the peace is sufficient to verify his or her name.

(1) Petitions shall not be disqualified due to clerical or technical errors made by a clerk, notary, judge, or justice of the peace when verifying the canvasser's signature.

(2) Petitions shall not be disqualified for failure of a clerk, notary, judge, or justice of the peace to sign exactly as his or her name appears on his or her seal if the signature of a clerk, notary, judge, or justice of the peace is sufficient to verify his or her name.

(d) A canvasser or paid canvasser who knowingly makes a false statement on a petition verification form required by this section shall be deemed guilty of a Class D felony.

(e) (1) A canvasser who witnesses signatures on a petition part shall view a copy of a potential petitioner's photo identification to verify the identity of the potential petitioner before obtaining the signature.(2) If a canvasser cannot verify the identity of the potential petitioner, the canvasser shall not obtain a signature from the potential petitioner.(3) A canvasser who submits a canvasser affidavit under subsection (a) of this section swearing that to the best of the affiant's knowledge and belief each signature is genuine and that the person signing is a legal voter, but does not comply with the requirements under subdivision (e)(1) of this section, makes a false statement on the petition verification form.(4) As used in this subsection, “photo identification” means a document or identification card permitted under § 7-1-101(40).

(1) A canvasser who witnesses signatures on a petition part shall view a copy of a potential petitioner's photo identification to verify the identity of the potential petitioner before obtaining the signature.

(2) If a canvasser cannot verify the identity of the potential petitioner, the canvasser shall not obtain a signature from the potential petitioner.

(3) A canvasser who submits a canvasser affidavit under subsection (a) of this section swearing that to the best of the affiant's knowledge and belief each signature is genuine and that the person signing is a legal voter, but does not comply with the requirements under subdivision (e)(1) of this section, makes a false statement on the petition verification form.

(4) As used in this subsection, “photo identification” means a document or identification card permitted under § 7-1-101(40).

(f) A canvasser who witnesses signatures on a petition part but knowingly allows another canvasser who did not witness all signatures on a petition part to execute a false verification affidavit with respect to that petition part commits a Class D felony.

(g) A sponsor, sponsor's agent, or representative commits a Class D felony if a sponsor, sponsor's agent, or representative:(1) Knowingly pays a canvasser for petition signatures on a petition part not personally witnessed by that paid canvasser; or(2) Knowingly submits to the county clerk a petition part where the verifying canvasser has not witnessed each signature on that petition part.

(1) Knowingly pays a canvasser for petition signatures on a petition part not personally witnessed by that paid canvasser; or

(2) Knowingly submits to the county clerk a petition part where the verifying canvasser has not witnessed each signature on that petition part.