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2025-2026 Regular Session Introduced by Gail Davenport and 11 co-sponsors

SB 211 requires Arkansas canvassers to submit affidavits certifying legal compliance before signatures are counted, enhancing the integrity of initiatives and referenda.

Senate Read and Referred

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Overview

Senate Bill 211 (SB 211) is a legislative measure aimed at amending the laws governing initiative and referendum petitions in Arkansas. The bill introduces new requirements for canvassers, specifically mandating that they submit an affidavit certifying compliance with relevant laws before the signatures they collect can be counted. The bill has been enacted and is now known as Act 241.

Purpose and Intent

The primary purpose of SB 211 is to enhance the integrity of the initiative and referendum process in Arkansas. By requiring canvassers to submit an affidavit, the bill seeks to ensure that all signatures collected for proposed initiatives and amendments adhere to legal standards, thereby bolstering public confidence in the democratic process.

Key Provisions

Affidavit Requirement:

Canvassers must file a true affidavit with the Secretary of State, certifying compliance with Arkansas law regarding canvassing, perjury, forgery, and fraudulent practices.
Signatures collected by a canvasser will not be counted until this affidavit is submitted.

Exemptions:

If a canvasser is unable to submit an affidavit due to death or medical disability, the signatures they gathered will still be counted.
However, this exemption does not relieve the canvasser from filing other required affidavits.

Signature Validity:

Signatures collected by canvassers who fail to submit the required affidavit will be disqualified.

Emergency Clause:

The bill includes an emergency clause, allowing it to take effect immediately upon approval by the Governor or after a specified period if not vetoed.

Impact

Who is Affected:

The bill directly impacts canvassers, petition sponsors, and voters in Arkansas. Canvassers will face new compliance requirements, while voters may experience increased confidence in the legitimacy of the initiatives and referenda presented to them.

Implementation Timeline:

The bill was introduced on February 6, 2025, and was passed through various legislative stages, including amendments and emergency adoption, culminating in its enactment as Act 241 on March 4, 2025.

Conclusion

SB 211 represents a significant change in the process for submitting initiative and referendum petitions in Arkansas. By instituting a requirement for affidavits from canvassers, the legislation aims to strengthen the integrity of the electoral process and ensure that the voices of Arkansas citizens are accurately represented in legislative initiatives.

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