There is a newer version of this Section
2020
2019
2018 (you are here)
2017
2016
Other previous versions
View our newest version here

2018 Arkansas Code
Title 7 - Elections
Chapter 9 - Initiatives, Referenda, and Constitutional Amendments
Subchapter 1 - Petition and Election Procedure
§ 7-9-126. Count of signatures

Universal Citation: AR Code § 7-9-126 (2018)
Previous

  • (a) Upon the initial filing of an initiative or referendum petition, 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 certify the measure for the election ballot.

  • (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 or is signed by more than one (1) canvasser;

    • (3)

      • (A) The canvasser is a paid canvasser whose name and the information required under § 7-9-601 were not submitted by the sponsor to the Secretary of State before the petitioner signed the petition.

      • (B) A canvasser is a paid canvasser if he or she is paid money or anything of value for soliciting signatures before or after the signatures are obtained;

    • (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 fails to comply with § 7-9-104 or § 7-9-105, including the lack of the exact popular name or ballot title approved by the Attorney General for a statewide initiative, a discrepancy in the text of the initiated or referred measure, or the lack of an enacting clause in a statewide petition for an initiated act; 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 birth date is written by someone other than the signer except under circumstances of disability of the signer; and

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

  • (d) If the initial count of signatures under this section is less than the designated number of signatures required by the Arkansas Constitution and statutory law in order to certify the measure for the ballot and the deadline for filing petitions has passed, the official charged with verifying the signatures shall declare the petition insufficient and shall not accept and file any additional signatures to cure the insufficiency of the petition on its face.

Previous
Disclaimer: These codes may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.