23 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 19 |
---|
24 | | - | 20 |
---|
25 | | - | SECTION 1. Arkansas Code § 7 -9-103(a), concerning residence of 21 |
---|
26 | | - | canvassers, is amended to add an additional subdivision to read as follows: 22 |
---|
27 | | - | (7) A person shall not act as a paid canvasser unless he or she 23 |
---|
28 | | - | is: 24 |
---|
29 | | - | (A) A resident of this state; and 25 |
---|
30 | | - | (B) Domiciled in the state if acting as a paid canvasser 26 |
---|
31 | | - | for a statewide initiative petition or statewide referendum petition. 27 |
---|
| 21 | + | SECTION 1. Arkansas Code § 7 -9-103(a)(6), concerning residence of 19 |
---|
| 22 | + | canvassers, is amended to read as follows: 20 |
---|
| 23 | + | (6) A person shall not act as a canvasser unless he or she is: 21 |
---|
| 24 | + | (A) Is a resident of this state ; and 22 |
---|
| 25 | + | (B) Is domiciled in: 23 |
---|
| 26 | + | (i) The state if acting as a canvasser for a 24 |
---|
| 27 | + | statewide initiative petition or statewide referendum petition; or 25 |
---|
| 28 | + | (ii) The county where a local petition will be 26 |
---|
| 29 | + | submitted if acting as a canvasser for a local petition. 27 |
---|
42 | | - | 2 03-10-2025 11:18:59 SSS017 |
---|
43 | | - | |
---|
44 | | - | |
---|
45 | | - | (2) A person who fails to comply with subdivision (d)(1) of this 1 |
---|
46 | | - | section is guilty of a violation and upon conviction shall be fined two 2 |
---|
47 | | - | thousand five hundred dollars ($2,500) for each paid canvasser hired in 3 |
---|
48 | | - | violation of subdivision (d)(1) of this section. 4 |
---|
49 | | - | (e) When the official charged with verifying the signatures has 5 |
---|
50 | | - | reasonable grounds to believe that one (1) or more signatures on a petition 6 |
---|
51 | | - | is forged, the official shall report the suspected forgery and basis for 7 |
---|
52 | | - | suspecting forgery to: 8 |
---|
53 | | - | (1) The Division of Arkansas State Police, in the case of a 9 |
---|
54 | | - | statewide petition; or 10 |
---|
55 | | - | (2) The prosecuting attorney of the county, in the case of a 11 |
---|
56 | | - | local petition. 12 |
---|
57 | | - | 13 |
---|
58 | | - | SECTION 3. DO NOT CODIFY. Severability. 14 |
---|
59 | | - | If any provision of this act or the application of this act to any 15 |
---|
60 | | - | person or circumstance is held invalid, the invalidity shall not affect other 16 |
---|
61 | | - | provisions or applications of this act which can be given effect without the 17 |
---|
62 | | - | invalid provision or application, and to this end, the provisions of this act 18 |
---|
63 | | - | are declared severable. 19 |
---|
64 | | - | 20 |
---|
65 | | - | SECTION 4. DO NOT CODIFY. The Supreme Court has interpreted domicile to 21 |
---|
66 | | - | require "actual residence plus the intent to remain in a particular place". 22 |
---|
67 | | - | Leathers v. Womack, 341 Ark. 609, 618 (2000). An individual may have only one 23 |
---|
68 | | - | (1) domicile, and circumstances must present "a bona fide intention of making 24 |
---|
69 | | - | it a fixed and permanent place of abode". Id. at. 619. 25 |
---|
| 40 | + | 2 02/25/2025 9:35:27 AM SSS017 |
---|
| 41 | + | (ii) The county where a local petition will be 1 |
---|
| 42 | + | submitted if acting as a canvasser for a local petition. 2 |
---|
| 43 | + | (2) A person who fails to comply with subdivision (d)(1) of this 3 |
---|
| 44 | + | section is guilty of a violation and upon conviction shall be fined two 4 |
---|
| 45 | + | thousand five hundred dollars ($2,500) for each paid canvasser hired in 5 |
---|
| 46 | + | violation of subdivision (d)(1) of this section. 6 |
---|
| 47 | + | (e) When the official charged with verifying the signatures has 7 |
---|
| 48 | + | reasonable grounds to believe that one (1) or more signatures on a petition 8 |
---|
| 49 | + | is forged, the official shall report the suspected forgery and basis for 9 |
---|
| 50 | + | suspecting forgery to: 10 |
---|
| 51 | + | (1) The Division of Arkansas State Police, in the case of a 11 |
---|
| 52 | + | statewide petition; or 12 |
---|
| 53 | + | (2) The prosecuting attorney of the county, in the case of a 13 |
---|
| 54 | + | local petition. 14 |
---|
| 55 | + | 15 |
---|
| 56 | + | SECTION 3. DO NOT CODIFY. Severability. 16 |
---|
| 57 | + | If any provision of this act or the application of this act to any 17 |
---|
| 58 | + | person or circumstance is held invalid, the invalidity shall not affect other 18 |
---|
| 59 | + | provisions or applications of this act which can be given effect without the 19 |
---|
| 60 | + | invalid provision or application, and to this end, the provisions of this act 20 |
---|
| 61 | + | are declared severable. 21 |
---|
| 62 | + | 22 |
---|
| 63 | + | 23 |
---|
| 64 | + | 24 |
---|
| 65 | + | 25 |
---|