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2017 Arkansas Code
Title 7 - Elections
Chapter 9 - Initiatives, Referenda, and Constitutional Amendments
Subchapter 6 - Paid Canvassers
§ 7-9-601. Hiring and training of paid canvassers -- Definition
Universal Citation:
AR Code § 7-9-601 (2017)
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This media-neutral citation is based
on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
- (a)
- (1) A person shall not provide money or anything of value to another person for obtaining signatures on a statewide initiative or referendum petition unless the person receiving the money or item of value meets the requirements of this section.
- (2) Before a signature is solicited by a paid canvasser the sponsor shall:
- (A) Provide the paid canvasser with a copy of the most recent edition of the Secretary of State's initiatives and referenda handbook;
- (B) Explain the Arkansas law applicable to obtaining signatures on an initiative or referendum petition to the canvasser; and
- (C)
- (i) Provide a complete list of all paid canvassers' names and current residential addresses to the Secretary of State.
- (ii) If additional paid canvassers agree to solicit signatures on behalf of a sponsor after the complete list is provided, the sponsor shall provide an updated list of all paid canvassers' names and current residential addresses to the Secretary of State.
- (3) Upon filing the petition with the Secretary of State, the sponsor shall submit to the Secretary of State a:
- (A) Final list of the names and current residential addresses of each paid canvasser; and
- (B) Signature card for each paid canvasser.
- (b)
- (1) To verify that there are no criminal offenses on record, a sponsor shall obtain, at its cost, from the Department of Arkansas State Police, a current state and federal criminal record search on every paid canvasser to be registered with the Secretary of State.
- (2) The criminal record search shall be obtained within thirty (30) days before the date that the paid canvasser begins collecting signatures.
- (3) Upon submission of its list of paid canvassers to the Secretary of State, the sponsor shall certify to the Secretary of State that each paid canvasser in its employ has passed a criminal background check in accordance with this section.
- (4) A willful violation of this section by a sponsor or paid canvasser constitutes a Class A misdemeanor.
- (5) Signatures incorrectly obtained or submitted under this section shall not be counted by the Secretary of State.
- (c) As used in this section, "paid canvasser" means a person who is paid or with whom there is an agreement to pay money or anything of value before or after a signature on an initiative or referendum petition is solicited in exchange for soliciting or obtaining a signature on a petition.
- (d) Before obtaining a signature on an initiative or referendum petition as a paid canvasser, the prospective canvasser shall submit in person or by mail to the sponsor:
- (1) The full name and any assumed name of the person;
- (2) The current residence address of the person and the person's permanent domicile address if the person's permanent domicile address is different from the person's current residence address;
- (3) A signed statement taken under oath or solemn affirmation stating that the person has not pleaded guilty or nolo contendere to or been found guilty of a criminal felony offense or a violation of the election laws, fraud, forgery, or identification theft in any state of the United States, the District of Columbia, Puerto Rico, Guam, or any other United States protectorate;
- (4) A signed statement that the person has read and understands the Arkansas law applicable to obtaining signatures on an initiative or referendum petition; and
- (5) A signed statement that the person has been provided a copy of the most recent edition of the Secretary of State's initiatives and referenda handbook by the sponsor.
- (e) A sponsor shall maintain the information required under this section for each paid canvasser for three (3) years after the general election.
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