Legislative efforts that critics say will radically upend the ballot initiative process in Arkansas are moving forward.
The legislation could make it more difficult to place measures on the ballot, like those addressing contentious issues like abortion, casino gaming, and medical marijuana.
Senate Bill 209 would disqualify signatures obtained under certain circumstances, specifically if the person signing the petition did not read the ballot title in the presence of the canvasser.
“It’s going to affect every Arkansan in that your signature may not be valid because of the wrong doings of a canvasser. That’s just big government. Are they next going to come into the voting booth with us and ensure that we’ve read what we’re voting on?” says attorney, Joey McCutchen.
Lawmakers supporting SB 209 say they want to ensure voters who sign petitions are fully informed about the content of the proposal.
It would require the signer to read the ballot title of a petition aloud in front of the canvasser, and failure to do so could result in the disqualification of their signature.
“Have legislators read every piece of legislation down here? It’s a double standard,” says McCutchen.
The bill’s sponsors argue that will improve the integrity of the petition process and prevent signatures from being collected under misleading circumstances.
“The ones that need to be concerned about this are those that are going to do something fraudulent. Not someone who’s signatures have been inadvertently or accidentally mixed up. The Secretary of State has proven history of showing due process by allowing people to come in and present their case,” says Senator Kim Hammer.
However, critics warn that this new requirement would place undue burden on both canvassers and signers, potentially stalling grassroots efforts aimed at changing state law.
“It nullifies everybody’s signatures without due process. In essence, it makes the secretary of state the law enforcement officer, the prosecutor, the judge, and the jury,” says Jimmy Cavin.
“How many signatures are we going to lose? And what’s the due process for the people that actually have a valid signature. and the fact that because something the canvasser did wrong or is deemed wrong by the secretary of state, we lose those signatures. And there is no due process for those people who actually want to get that petition to be able to be voted on,” says Randy Sams.
Senate bill 209 includes an emergency clause, which would make the legislation take effect immediately if passed. It has passed out of committee and is now on the way to the house floor.
And, it’s just one of five pieces of legislation filed by Senator Hammer that would change the ballot initiative process here in Arkansas.
Governor Sanders has already signed three of Senator Hammer’s bills into law – Senate Bill 218, 240 and 241.
Acts 218 and 240, both concern petition signers and 218 requires canvassers to disclose that petition fraud is crime before Arkansans can sign a petition.
Act 240 forces canvassers to request a form of photo ID before a petition can be signed.
Under act 241, canvassers will have to submit an affidavit before petition signatures can be counted.
