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1 State of Arkansas A Bill
2 95th General Assembly
3 Regular Session, 2025 SENATE BILL 584
4
5 By: Senator K. Hammer
6 By: Representative Hawk
7
8 For An Act To Be Entitled
9 AN ACT TO AMEND THE LAW CONCERNING LOCAL INITIATIVE
10 AND REFERENDUM PETITIONS; AND FOR OTHER PURPOSES.
11
12
13 Subtitle
14 TO AMEND THE LAW CONCERNING LOCAL
15 INITIATIVE AND REFERENDUM PETITIONS.
16
17 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
18
19 SECTION 1. Arkansas Code � 7-9-101 is amended to read as follows:
20 7-9-101. Definitions.
21 As used in this subchapter:
22 (1) "Act" means an act having general application throughout the
23 state, whether originating in the General Assembly or proposed by the people;
24 (2) "Amendment" means an amendment to the Arkansas Constitution
25 that is proposed by the people;
26 (3) "Canvasser" means a person who circulates an initiative or
27 referendum petition or a part or parts of an initiative or referendum
28 petition to obtain the signatures of petitioners thereto;
29 (4) "Election" means a regular general election at which state
30 and county officers are elected for regular terms;
31 (5) "Local" means a county or municipality;
32 (5)(6) "Measure" means an amendment, an act, or an ordinance;
33 (6)(7) "Ordinance" means an ordinance of a municipality or
34 county, whether originating in the legislative body of the municipality or
35 county or proposed by the people;
36 (7)(8) "Petition part" means a petition signature sheet
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1 containing the information required under � 7-9-104 or � 7-9-105;
2 (8)(9) "Petitioner" means a person who signs an initiative or
3 referendum petition ordering a vote on a measure;
4 (9)(10) "Registered voter" means a person who is registered at
5 the time of signing the petition pursuant to Arkansas Constitution, Amendment
6 51; and
7 (10)(11) "Sponsor" means a person who arranges for the
8 circulation of an initiative or referendum petition or who files an
9 initiative or referendum petition with the official charged with verifying
10 the signatures.
11
12 SECTION 2. Arkansas Code � 7-9-103(a)(4), concerning the signing of a
13 petition, penalty for falsification, and notice of suspected forgery for
14 initiative petitions and referendum petitions, is amended to read as follows:
15 (4) A person shall not act as a paid canvasser on a statewide
16 initiative petition, or statewide referendum petition, local initiative
17 petition, or local referendum petition if the sponsor has not provided the
18 information required under � 7-9-601 to the Secretary of State before the
19 person solicits signatures on a petition to the:
20 (A) Secretary of State for a statewide initiative petition
21 or statewide referendum petition; and
22 (B) County clerk for a local initiative petition or local
23 referendum petition.
24
25 SECTION 3. Arkansas Code � 7-9-103(c), concerning the signing of a
26 petition, penalty for falsification, and notice of suspected forgery for
27 initiative petitions and referendum petitions, is amended to read as follows:
28 (c) A person commits a Class A misdemeanor if the person, acting as a
29 canvasser, notary, sponsor, or agent of a sponsor:
30 (1) Signs a name other than his or her own to a petition;
31 (2) Prints a name, address, or birth date other than his or her
32 own on a petition unless the signer requires assistance due to disability and
33 the person complies with this section;
34 (3) Solicits or obtains a signature to a petition knowing that
35 the person signing is not qualified to sign the petition;
36 (4) Knowingly pays a person any form of compensation in exchange
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1 for signing a petition as a petitioner;
2 (5) Accepts or pays money or anything of value for obtaining
3 signatures on a petition when the person acting as a canvasser, sponsor, or
4 agent of a sponsor knows that the person acting as canvasser's name or
5 address is not included on the sponsor's list filed with the Secretary of
6 State or the county clerk under � 7-9-601;
7 (6) Knowingly misrepresents the purpose and effect of the
8 petition or the measure affected for the purpose of causing a person to sign
9 a petition;
10 (7) As a canvasser, knowingly makes a false statement on a
11 petition verification form;
12 (8) As a notary, fails to witness a canvasser's affidavit by
13 witnessing the signing of the instrument in person and either personally
14 knowing the signer or being presented with proof of identity of the signer;
15 or
16 (9) As a sponsor, files a petition part with the official
17 charged with verifying the signatures knowing that the petition part contains
18 one (1) or more false or fraudulent signatures unless each false or
19 fraudulent signature is clearly stricken by the sponsor before filing.
20
21 SECTION 4. Arkansas Code � 7-9-103(e), concerning the signing of a
22 petition, penalty for falsification, and notice of suspected forgery for
23 initiative petitions and referendum petitions and as amended by Acts 2025,
24 No. 273, is amended to read as follows:
25 (e)(1) The Secretary of State shall not count signatures collected and
26 witnessed by a canvasser for a statewide initiative petition or statewide
27 referendum petition and the county clerk shall not count signatures collected
28 and witnessed by a canvasser for a local initiative petition or local
29 referendum petition if the Secretary of State or the county clerk finds by a
30 preponderance of the evidence that the canvasser has violated Arkansas laws
31 regarding canvassing, perjury, forgery, or fraudulent practices in the
32 procurement of petition signatures or any provision of the Arkansas
33 Constitution applicable to the collection of signatures on an initiative
34 petition or referendum petition during the current election cycle.
35 (2) This subsection shall not constrain the duties and authority
36 of the Secretary of State or the county clerk as set forth in Arkansas law.
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1
2 SECTION 5. Arkansas Code � 7-9-107 as amended by Acts 2025, No. 154,
3 is amended to read as follows:
4 7-9-107. Filing of original draft before circulation.
5 (a) Before any statewide initiative petition, or statewide referendum
6 petition, local initiative petition, or local referendum petition ordering a
7 vote upon any amendment or act shall be circulated for obtaining signatures
8 of petitioners, the sponsors shall submit the original draft with the:
9 (1) Attorney General for statewide initiative petitions and
10 referendum petitions; and
11 (2) The county clerk where the petition is being circulated for
12 local initiative petitions and referendum petitions in accordance with � 14-
13 14-917.
14 (b) The original draft shall include:
15 (1) The full text of the proposed measure;
16 (2) A ballot title for the proposed measure; and
17 (3) A popular name for the proposed measure.
18 (c) The Attorney General or the county clerk shall return to the
19 sponsor a file-marked copy of the original draft that shall serve as evidence
20 that the original draft was filed in compliance with this section.
21 (d)(1) Within ten (10) business days, the Attorney General or the
22 county clerk with the assistance of the county civil attorney shall approve
23 and certify or shall substitute and certify a more suitable and correct
24 ballot title and popular name for each amendment or act.
25 (2) The ballot title so submitted or supplied by the Attorney
26 General or the county clerk shall briefly and concisely state the purpose of
27 the proposed measure.
28 (e) If, as a result of his or her review of the ballot title and
29 popular name of a proposed initiated act, or a proposed amendment to the
30 Arkansas Constitution, or a local ordinance or resolution, the Attorney
31 General or the county clerk determines that the ballot title or the nature of
32 the issue, is presented in such manner that the ballot title would be
33 misleading or designed in such manner that a vote "FOR" the issue would be a
34 vote against the matter or viewpoint that the voter believes himself or
35 herself casting a vote for, or, conversely, that a vote "AGAINST" the issue
36 would be a vote for a viewpoint that the voter is against, or that the text
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1 of the proposal conflicts with the United States Constitution or a federal
2 statute, the Attorney General or the county clerk with the assistance of the
3 civil attorney may reject the entire ballot title, popular name, and petition
4 and state his or her reasons therefor and instruct the petitioners to
5 redesign the proposed measure and the ballot title and popular name in a
6 manner that would not be misleading or in conflict with the United States
7 Constitution or a federal statute.
8 (f) If the Attorney General refuses to act or if the sponsors feel
9 aggrieved at the Attorney General's acts in such premises, the sponsors may,
10 by petition, apply to the Supreme Court for proper relief.
11 (g)(1) A sponsor shall not submit multiple initiative petitions or
12 referendum petitions that are conflicting measures to the Attorney General
13 under this section for review, except as follows:
14 (A) If an initiative petition or referendum petition is
15 certified under this section, a sponsor may submit an initiative petition or
16 referendum petition that is a conflicting measure with the certified
17 initiative petition or certified referendum petition after the date of the
18 next general election following the certification; or
19 (B) If an initiative petition or referendum petition is
20 rejected under this section, a sponsor may submit an initiative petition or
21 referendum petition that is a conflicting measure with the rejected
22 initiative petition or referendum petition.
23 (2)(A) The Attorney General shall reject all statewide
24 initiative petitions and statewide referendum petitions that are submitted by
25 a sponsor in violation of this subsection.
26 (B) The county clerk shall reject all local initiative
27 petitions and local referendum petitions that are submitted by a sponsor in
28 violation of this subsection in accordance with � 14-14-917.
29 (3) As used in this subsection, "conflicting measures" means two
30 (2) or more initiative petitions or referendum petitions that:
31 (A) Cover the same subject matter;
32 (B) Are for the same general purpose; and
33 (C) Contain different language in any part of their full
34 texts, ballot titles, or popular names.
35
36 SECTION 6. Arkansas Code � 7-9-111(j) and (k), concerning a
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1 determination on the sufficiency of petitions and as amended by Acts 2025,
2 No. 241, is amended to read as follows:
3 (j)(1) Except as provided under subdivision (j)(4) of this section, a
4 canvasser shall file a true affidavit with the Secretary of State for a
5 statewide initiative petition or statewide referendum petition and the county
6 clerk for a local initiative petition or local referendum petition certifying
7 that the canvasser has complied with the Arkansas Constitution and all
8 Arkansas law regarding canvassing, perjury, forgery, and fraudulent practices
9 in the procurement of petition signatures during the current election cycle.
10 (2) The Secretary of State or the county clerk shall not count
11 the signatures submitted by the canvasser until a true affidavit is submitted
12 under subdivision (j)(1) of this section.
13 (3) A true affidavit submitted under subdivision (j)(1) of this
14 section shall have no bearing to establish the genuineness or falsity of the
15 signatures obtained by the canvasser.
16 (4)(A) The inability of a canvasser to submit an affidavit due
17 to death or medical disability shall not disqualify the signatures gathered
18 by the canvasser.
19 (B) Subdivision (j)(4)(A) of this section does not excuse
20 a canvasser from filing the affidavit required under � 7-9-109.
21 (k) A canvasser who has filed a true affidavit under subsection (j) of
22 this section shall not collect additional signatures unless the Secretary of
23 State determines that the sponsor of the statewide initiative petition or
24 statewide referendum petition or the county clerk determines that the sponsor
25 of the local initiative petition or local referendum petition is eligible for
26 an amendment to the statewide initiative petition, or statewide referendum
27 petition, local initiative petition, or local referendum petition under
28 Arkansas Constitution, Art. 5, � 1.
29
30 SECTION 7. Arkansas Code � 7-9-601(a)(1), concerning the hiring and
31 training of paid canvassers for initiative petitions and referendum
32 petitions, is amended to read as follows:
33 (a)(1) A person shall not provide money or anything of value to
34 another person for obtaining signatures on a statewide initiative petition,
35 or statewide referendum petition, local initiative petition, or local
36 referendum petition unless the person receiving the money or item of value
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1 meets the requirements of this section.
2
3 SECTION 8. Arkansas Code � 7-9-601(a)(2)(C) and (D), concerning the
4 hiring and training of paid canvassers for initiative petitions and
5 referendum petitions, is amended to read as follows:
6 (C)(i) Provide a complete list of all paid
7 canvassers' names and current residential addresses to the:
8 (a) Secretary of State for statewide
9 initiative petitions and referendum petitions; and
10 (b) The county clerk where the petition will
11 be submitted for local initiative petitions and local referendum petitions.
12 (ii) If additional paid canvassers agree to solicit
13 signatures on behalf of a sponsor after the complete list is provided, the
14 sponsor shall provide an updated list of all paid canvassers' names and
15 current residential addresses to the:
16 (a) Secretary of State for statewide
17 initiative petitions and statewide referendum petitions; and
18 (b) The county clerk where the petition will
19 be submitted for local initiative petitions and local referendum petitions;
20 (D) Submit to the Secretary of State a copy of the signed
21 statement provided by the paid canvasser under subdivision (d)(3) of this
22 section to the:
23 (i) Secretary of State for statewide initiative
24 petitions and statewide referendum petitions; and
25 (ii) The county clerk where the petition will be
26 submitted for local initiative petitions and local referendum petitions;
27
28 SECTION 9. Arkansas Code � 7-9-601(a)(3), concerning the hiring and
29 training of paid canvassers for initiative petitions and referendum
30 petitions, is amended to read as follows:
31 (3) Upon filing the petition with the Secretary of State for a
32 statewide initiative petition or statewide referendum petition or with the
33 county clerk for a local initiative petition or local referendum petition,
34 the sponsor shall submit to the Secretary of State or the county clerk a:
35 (A) Final list of the names and current residential
36 addresses of each paid canvasser; and
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1 (B) Signature card for each paid canvasser.
2
3 SECTION 10. Arkansas Code � 7-9-601(b)(3), concerning the hiring and
4 training of paid canvassers for initiative petitions and referendum
5 petitions, is amended to read as follows:
6 (3) Upon submission of the sponsor's list of paid canvassers to
7 the Secretary of State under subdivision (a)(2) of this section, the sponsor
8 shall certify to the Secretary of State or the county clerk that each paid
9 canvasser in the sponsor's employ has no disqualifying offenses in accordance
10 with this section.
11
12 SECTION 11. Arkansas Code � 7-9-601(f), concerning the hiring and
13 training of paid canvassers for initiative petitions and referendum
14 petitions, is amended to read as follows:
15 (f) Signatures incorrectly obtained or submitted under this section
16 shall not be counted by the Secretary of State or the county clerk for any
17 purpose.
18
19 SECTION 12. Arkansas Code � 7-9-601(g)(1), concerning the hiring and
20 training of paid canvassers for initiative petitions and referendum
21 petitions, is amended to read as follows:
22 (g)(1) It is unlawful for a person to pay or offer to pay a person, or
23 receive payment or agree to receive payment, on a basis related to the number
24 of signatures obtained on a statewide initiative petition, or statewide
25 referendum petition, local initiative petition, or local referendum petition.
26
27 SECTION 13. Arkansas Code � 14-14-915(a), concerning county initiative
28 and referendum petition requirements, is amended to read as follows:
29 (a) Style Requirements of Petitions. A petition for county initiative
30 or referendum filed by the electors shall:
31 (1) Embrace only a single comprehensive topic and shall be
32 styled and circulated for signatures in the manner prescribed for county
33 ordinances and amendments to ordinances established in this section and � 7-
34 9-101 et seq.;
35 (2) Set out fully in writing the ordinance sought by
36 petitioners; or in the case of an amendment, set out fully in writing the
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1 ordinance sought to be amended and the proposed amendment; or in the case of
2 referendum, set out the ordinance, or parts thereof, sought to be repealed;
3 and
4 (3)(A)(i) Contain a written certification of legal review by an
5 attorney at law duly registered and licensed to practice in the State of
6 Arkansas.
7 (ii) This legal review shall be conducted for the
8 purpose of form, proper title, legality, constitutionality, and conflict with
9 existing ordinances.
10 (iii) Legal review shall be concluded prior to the
11 circulations of the petition for signatures.
12 (B) No change shall be made in the text of any initiative
13 or referendum petition measure after any or all signatures have been
14 obtained; and
15 (4) Contain the full ballot title of the initiative or
16 referendum at the top of each signature page.
17
18 SECTION 14. Arkansas Code � 14-14-915(b)(1), concerning county
19 initiative and referendum petition requirements, is amended to read as
20 follows:
21 (1) Initiative Petitions.
22 (A) All petitions for initiated county measures shall be
23 filed with the county clerk not less than ninety (90) calendar days nor more
24 than one hundred twenty (120) calendar days prior to the date established for
25 the next regular election.
26 (B) A petition sponsor shall comply with �� 7-9-107 and 7-
27 9-601 before filing an initiative or referendum petition with the county
28 clerk in the county where the petition will be circulated.
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9 03/31/2025 11:39:09 AM SSS298Every fact on this page links to its source, starting with the official bill record.