Arkansas Code of 1987 (2023)
Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303)
Chapter 9 - INITIATIVES, REFERENDA, AND CONSTITUTIONAL AMENDMENTS (§§ 7-9-101 — 7-9-704)
Subchapter 1 - PETITION AND ELECTION PROCEDURE (§§ 7-9-101 — 7-9-127)
Section 7-9-126 - Count of signatures

• (a) Upon the initial filing of an initiative petition 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 does not conform to the version of the measure approved and certified under § 7-9-107;
  • (3) The petition lacks the signature, printed name, and residence address of the canvasser or is signed by more than one (1) canvasser;
  • (4)
    • (A) The canvasser is a paid canvasser whose name and the information required under § 7-9-601 were not submitted or updated 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;
  • (5) The canvasser verification:
    • (A) Is not notarized;
    • (B) Is notarized by more than one (1) notary;
    • (C) Lacks a notary signature or a notary seal; or
    • (D) Lacks a legible notary signature or a legible notary seal;
  • (6) The canvasser verification is dated earlier than the date on which a petitioner signed the petition;
  • (7) The petition fails to comply with § 7-9-104 or § 7-9-105, including the lack of the exact popular name or ballot title 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
  • (8) 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;
  • (4) A signature that is not accompanied by personally identifying information;
  • (5) A signature for which the corresponding printed name, address, birth date, or date of signing is written by someone other than the signer except under circumstances of disability of the signer;
  • (6) A signature obtained before the submission and approval of the ballot title under § 7-9-107; and
  • (7) 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.

• (e) In order to certify a measure for the statewide election ballot, the official charged with verifying the signatures on an initiative petition or referendum petition shall also verify:
  • (1) For a statutory initiative petition or referendum petition, that:
    • (A) Petitions are filed from at least fifty (50) counties of the state; and
    • (B) The petitions bear the signature of at least one-half (1/2) of the designated percentage of the electors of each county represented in subdivision (e)(1)(A) of this section; and
  • (2) For an initiative petition for a constitutional amendment, that:
    • (A) Petitions are filed from at least fifty (50) counties of the state; and
    • (B) The petitions bear the signature of at least one-half (1/2) of the designated percentage of the electors of each county represented in subdivision (e)(2)(A) of this section.

• (f) If the requirements of subsection (e) of this section are less than the designated number of signatures or counties represented by petitions 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.

Amended by Act 2023, No. 236,§ 2, eff. 3/7/2023.

Amended by Act 2023, No. 194,§ 6, eff. 3/6/2023.

Amended by Act 2023, No. 194,§ 5, eff. 3/6/2023.

Amended by Act 2019, No. 376,§ 11, eff. 3/8/2019.

Amended by Act 2015, No. 1219,§ 3, eff. 7/22/2015.

Added by Act 2013, No. 1413,§ 18, eff. 4/22/2013.

Act 2023, No. 236 provides this act shall be known and may be cited as the "Ensuring Access for All Arkansans and Voter Protection Act of 2023."