Count of signatures

Ark. Code Ann. § 3-8-811 — under Local Option.

Ark. Code Ann. § 3-8-811

(a) Upon the initial filing of a petition under this subchapter, the official charged with verifying the signatures shall:(1) Perform an initial count of the signatures; and(2) Determine whether the petition contains, on its face and before verification of the signatures of registered voters, the designated number of signatures required by the Arkansas Constitution and statutory law in order to call an election.

(1) Perform an initial count of the signatures; and

(2) Determine whether the petition contains, on its face and before verification of the signatures of registered voters, the designated number of signatures required by the Arkansas Constitution and statutory law in order to call an election.

(b) A petition part and all signatures appearing on the petition part shall not be counted for any purpose by the official charged with verifying the signatures, including the initial count of signatures, if one (1) or more of the following is true:(1) The petition is not an original petition, including without limitation a petition that is photocopied or is a facsimile transmission;(2) The petition lacks the signature, printed name, and residence address of the canvasser, is signed by a canvasser who does not meet the canvasser requirements of § 3-8-805(a), or is signed by more than one (1) canvasser;(3) The canvasser is a paid canvasser who does not meet the paid canvasser requirements of § 3-8-802 or whose name and the information required under § 3-8-802 were not submitted by the sponsor to the county clerk before the petitioner signed the petition;(4) The canvasser verification is not notarized, is notarized by more than one (1) notary, or lacks a notary signature or a notary seal;(5) The canvasser verification is dated earlier than the date on which a petitioner signed the petition;(6) The petition part clearly and unmistakably contains signatures of petitioners from more than one (1) county unless each signature of a petitioner from another county is clearly stricken before the filing of the petition with the county clerk; or(7) The petition part has a material defect that, on its face, renders the petition part invalid.

(1) The petition is not an original petition, including without limitation a petition that is photocopied or is a facsimile transmission;

(2) The petition lacks the signature, printed name, and residence address of the canvasser, is signed by a canvasser who does not meet the canvasser requirements of § 3-8-805(a), or is signed by more than one (1) canvasser;

(3) The canvasser is a paid canvasser who does not meet the paid canvasser requirements of § 3-8-802 or whose name and the information required under § 3-8-802 were not submitted by the sponsor to the county clerk before the petitioner signed the petition;

(4) The canvasser verification is not notarized, is notarized by more than one (1) notary, or lacks a notary signature or a notary seal;

(5) The canvasser verification is dated earlier than the date on which a petitioner signed the petition;

(6) The petition part clearly and unmistakably contains signatures of petitioners from more than one (1) county unless each signature of a petitioner from another county is clearly stricken before the filing of the petition with the county clerk; or

(7) The petition part has a material defect that, on its face, renders the petition part invalid.

(c) The following signatures shall not be counted for any purpose by the official charged with verifying the signatures, including the initial count of signatures:(1) A signature that is not an original signature;(2) A signature that is obviously not that of the purported petitioner;(3) A signature that is illegible and is accompanied by no personally identifying information;(4) A signature for which the corresponding printed name, address, or birthdate is written by someone other than the signer except under circumstances of disability of the signer;(5) A signature that has any other material defect that, on its face, renders the signature invalid; and(6) A signature submitted by a canvasser who has not filed a true affidavit with the county clerk as required under subdivision (d)(1) of this section certifying that the canvasser has complied with the Arkansas Constitution and all Arkansas laws regarding canvassing, perjury, forgery, and fraudulent practices in the procurement of petition signatures during the current election cycle.

(1) A signature that is not an original signature;

(2) A signature that is obviously not that of the purported petitioner;

(3) A signature that is illegible and is accompanied by no personally identifying information;

(4) A signature for which the corresponding printed name, address, or birthdate is written by someone other than the signer except under circumstances of disability of the signer;

(5) A signature that has any other material defect that, on its face, renders the signature invalid; and

(6) A signature submitted by a canvasser who has not filed a true affidavit with the county clerk as required under subdivision (d)(1) of this section certifying that the canvasser has complied with the Arkansas Constitution and all Arkansas laws regarding canvassing, perjury, forgery, and fraudulent practices in the procurement of petition signatures during the current election cycle.

(d) (1) Except as provided under subdivision (d)(4) of this section, a canvasser shall file a true affidavit with the county clerk certifying that the canvasser has complied with the Arkansas Constitution and all Arkansas laws regarding canvassing, perjury, forgery, and fraudulent practices in the procurement of petition signatures during the current election cycle.(2) The county clerk shall not count the signatures submitted by the canvasser until a true affidavit is submitted under subdivision (d)(1) of this section.(3) A true affidavit submitted under subdivision (d)(1) of this section shall have no bearing to establish the genuineness or falsity of the signatures obtained by the canvasser.(4) (A) The inability of a canvasser to submit an affidavit due to death or medical disability shall not disqualify the signatures gathered by the canvasser.(B) Subdivision (d)(4)(A) of this section does not excuse a canvasser from filing the affidavit required under § 3-8-808.

(1) Except as provided under subdivision (d)(4) of this section, a canvasser shall file a true affidavit with the county clerk certifying that the canvasser has complied with the Arkansas Constitution and all Arkansas laws regarding canvassing, perjury, forgery, and fraudulent practices in the procurement of petition signatures during the current election cycle.

(2) The county clerk shall not count the signatures submitted by the canvasser until a true affidavit is submitted under subdivision (d)(1) of this section.

(3) A true affidavit submitted under subdivision (d)(1) of this section shall have no bearing to establish the genuineness or falsity of the signatures obtained by the canvasser.

(4) (A) The inability of a canvasser to submit an affidavit due to death or medical disability shall not disqualify the signatures gathered by the canvasser.(B) Subdivision (d)(4)(A) of this section does not excuse a canvasser from filing the affidavit required under § 3-8-808.

(A) The inability of a canvasser to submit an affidavit due to death or medical disability shall not disqualify the signatures gathered by the canvasser.

(B) Subdivision (d)(4)(A) of this section does not excuse a canvasser from filing the affidavit required under § 3-8-808.

(e) A canvasser who has filed a true affidavit under subsection (d) of this section shall not collect additional signatures unless the county clerk determines that the sponsor of the local option election petition is eligible to solicit and add additional signatures to the local petition under § 14-14-915(e).