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HB 1040

TO CREATE THE WATER IN LINE ACT OF 2025; AND TO AMEND THE LAW CONCERNING PENALTIES FOR MISDEMEANOR OFFENSES RELATED TO VOTING.

2025 Regular Session Introduced by Lincoln Barnett and 5 co-sponsors

House Bill 1040 aimed to allow food and water for voters in line while clarifying electioneering laws, benefiting those needing assistance without legal penalties.

Died in House Committee at Sine Die adjournment.
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WeVote Research Nonpartisan
Bill Summary · HB 1040

Summary of House Bill 1040: The Water in Line Act of 2025

Bill Number: HB 1040
Introduced: November 20, 2024
Status: Died in House Committee at Sine Die adjournment on May 5, 2025

Purpose and Intent

House Bill 1040, titled the Water in Line Act of 2025, aimed to address two primary issues related to voting in Arkansas:

  1. Prohibition of Electioneering: The bill sought to clarify and amend existing laws regarding electioneering near polling places.
  2. Provision of Assistance to Voters: It intended to allow individuals to provide food and water to voters waiting in line, particularly addressing concerns raised by Act 728 of 2021, which criminalized such assistance under certain circumstances.

Key Provisions

The bill included the following significant provisions:

  • Repeal of Act 728 of 2021: The act would have repealed specific provisions of Act 728 that made it a criminal offense for volunteers to bring water or food to voters waiting in line. This change aimed to ensure that voters could receive assistance without fear of legal repercussions.

  • Clarification of Electioneering Laws: The bill reaffirmed that Arkansas's existing prohibition against electioneering within 100 feet of polling places would remain intact, ensuring that while voters could receive assistance, the integrity of the voting process would still be protected.

  • Amendment to Misdemeanor Offenses: The bill proposed to amend Arkansas Code § 7-1-103(a)(24) to remove the prohibition against entering or remaining within 100 feet of polling places for lawful purposes, thereby allowing individuals to assist voters without facing misdemeanor charges.

Impact

If enacted, HB 1040 would have had the following impacts:

  • Voters: The bill would have directly benefited voters, particularly those who are elderly, disabled, or otherwise in need of assistance while waiting to cast their ballots.

  • Volunteers and Family Members: Individuals volunteering to assist voters or family members accompanying voters would no longer face legal penalties for providing food and water.

  • Election Officials: The bill would have clarified the boundaries of electioneering laws, potentially easing the responsibilities of election officials in managing polling place activities.

Legislative Timeline

  • November 20, 2024: Bill filed.
  • January 13, 2025: Bill read for the first time and referred to the Committee on State Agencies & Governmental Affairs.
  • January 16, 2025: Amendments No. 1 and No. 2 were adopted, and the bill was ordered engrossed.
  • January 23, 2025: The bill was reported correctly engrossed.
  • May 5, 2025: The bill died in the House Committee at Sine Die adjournment.

Conclusion

House Bill 1040 aimed to enhance voter assistance and clarify electioneering laws in Arkansas. However, the bill did not progress beyond the committee stage and ultimately did not become law.

Compiled from official sources — confirm details with the bill’s official record.

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