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Arkansas General Assembly· SB 212Died in Senate Committee at Sine Die adjournment.

An act TO CREATE THE DOCUMENT VALIDITY DIVISION, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas      As Engrossed: S2/20/25 S2/26/25
2 95th General Assembly
                                  A Bill

3 Regular Session, 2025                                              SENATE BILL 212

4

5 By: Senator K. Hammer

6 By: Representative Underwood

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8                               For An Act To Be Entitled

9         AN ACT TO CREATE THE DOCUMENT VALIDITY DIVISION; TO

10        DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES.

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13                              Subtitle

14                       TO CREATE THE DOCUMENT VALIDITY

15                       DIVISION; AND TO DECLARE AN EMERGENCY.

16

17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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19        SECTION 1. Arkansas Code Title 7, Chapter 4, is amended to add an

20 additional subchapter to read as follows:

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22                       Subchapter 4 -- Document Validity Division

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24        7-4-401. Document Validity Division.

25        (a) There is created within the office of the Secretary of State the

26 Document Validity Division.

27        (b) The Secretary of State may designate members of his or her staff

28 as record validity investigators, who shall investigate documents and

29 activities related to the validity and truthfulness of records submitted to

30 the office of the Secretary of State under Arkansas Code, Title 7, Chapters 5

31 or 9.

32        (c) The Document Validity Division shall be a law enforcement agency

33 of the office of the Secretary of State appointed by the Secretary of State

34 from his or her employees to investigate the validity of documents filed with

35 the Secretary of State under Arkansas Code, Title 7, Chapters 5 or 9.

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    As Engrossed: S2/20/25 S2/26/25                                        SB212

1   7-4-402. Investigations.

2   (a) The Secretary of State or a document validity investigator may

3 conduct an investigation to determine whether a document submitted to the

4 Secretary of State under Arkansas Code, Title 7, Chapters 5 or 9, is false or

5 fraudulent.

6   (b) An investigation under this subchapter may include without

7 limitation:

8              (1) Administering oaths;

9              (2) Issuing subpoenas;

10             (3) Compelling witness attendance;

11             (4) Collecting evidence; and

12             (5) Requiring the production of any books, papers,

13 correspondence, memorandum, agreements, or other documents or records that

14 are relevant or material to the inquiry.

15  (c) If an individual fails to comply with a subpoena request issued by

16 the Secretary of State or a document validity investigator under subsection

17 (b) of this section, the Secretary of State may request an order from a court

18 of appropriate jurisdiction to enforce the subpoena.

19  (d) A document determined by the division to contain fraud or falsity

20 by a preponderance of the evidence shall be declared null and void for any

21 legal purpose overseen by the Secretary of State.

22  (e) The division may refer any findings of fraud or falsity under this

23 subchapter to the Attorney General's office for further investigation and

24 action.

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26  SECTION 2. DO NOT CODIFY. SEVERABILITY. The provisions of this act

27 are declared to be severable and the invalidity of any provision of this act

28 shall not affect other provisions of the act which can be given effect

29 without the invalid provision.

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31  SECTION 3. DO NOT CODIFY. EMERGENCY CLAUSE. It is found and

32 determined by the General Assembly of the State of Arkansas that the process

33 for citizens to propose initiated acts and amendments to the Arkansas

34 Constitution is critical to a well-functioning democracy in this state; that

35 it is of the utmost importance that the integrity of the initiative process

36 be strengthened through this act so that petitioners and voters maintain a

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    As Engrossed: S2/20/25 S2/26/25                                         SB212

1 high degree of confidence in the soundness of their right to legislate as

2 citizens of Arkansas; and that this act is immediately necessary because any

3 delay in the implementation of this act would disrupt the initiative process

4 for the 2026 general election, which would have a detrimental effect on the

5 public peace, health, and safety of Arkansas. Therefore, an emergency is

6 declared to exist, and this act being immediately necessary for the

7 preservation of the public peace, health, and safety shall become effective

8 on:

9            (1) The date of its approval by the Governor;

10           (2) If the bill is neither approved nor vetoed by the Governor,

11 the expiration of the period of time during which the Governor may veto the

12 bill; or

13           (3) If the bill is vetoed by the Governor and the veto is

14 overridden, the date the last house overrides the veto.

15

16                                   /s/K. Hammer

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