| 3 | 2 | | *SSS128* 02/06/2025 9:21:13 AM SSS128 |
|---|
| 4 | 3 | | State of Arkansas 1 |
|---|
| 5 | 4 | | 95th General Assembly A Bill 2 |
|---|
| 6 | 5 | | Regular Session, 2025 SENATE BILL 209 3 |
|---|
| 7 | 6 | | 4 |
|---|
| 8 | 7 | | By: Senator K. Hammer 5 |
|---|
| 9 | 8 | | By: Representative Underwood 6 |
|---|
| 10 | 9 | | 7 |
|---|
| 11 | 10 | | For An Act To Be Entitled 8 |
|---|
| 12 | 11 | | AN ACT TO AMEND THE LAW CONCERNING INITIATIVE 9 |
|---|
| 13 | 12 | | PETITIONS AND REFERENDUM PETITIONS; TO DISQUALIFY 10 |
|---|
| 14 | 13 | | SIGNATURES OBTAINED BY A CANVASSER UNDER CERTAIN 11 |
|---|
| 15 | 14 | | CIRCUMSTANCES; TO DECLARE AN EMERGENCY; AND FOR OTHER 12 |
|---|
| 16 | 15 | | PURPOSES. 13 |
|---|
| 17 | 16 | | 14 |
|---|
| 18 | 17 | | 15 |
|---|
| 19 | 18 | | Subtitle 16 |
|---|
| 20 | 19 | | TO DISQUALIFY SIGNATURES OBTAINED BY A 17 |
|---|
| 21 | 20 | | CANVASSER UNDER CERTAIN CIRCUMSTANCES; 18 |
|---|
| 22 | 21 | | AND TO DECLARE AN EMERGENCY. 19 |
|---|
| 23 | 22 | | 20 |
|---|
| 24 | 23 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21 |
|---|
| 25 | 24 | | 22 |
|---|
| 26 | 25 | | SECTION 1. Arkansas Code ยง 7 -9-103, concerning the signing of a 23 |
|---|
| 27 | 26 | | petition, penalty for falsification, and notice of suspected forgery for 24 |
|---|
| 28 | 27 | | initiative petitions and referendum petitions, is amended to add an 25 |
|---|
| 29 | 28 | | additional subsection to read as follows: 26 |
|---|
| 30 | 29 | | (e)(1) The Secretary of State shall not count signatures collected and 27 |
|---|
| 31 | 30 | | witnessed by a canvasser if the Secretary of State finds by a preponderance 28 |
|---|
| 32 | 31 | | of the evidence that the canvasser has violated Arkansas laws regarding 29 |
|---|
| 33 | 32 | | canvassing, perjury, forgery, or fraudulent practices in the procurement of 30 |
|---|
| 34 | 33 | | petition signatures or any provision of the Arkansas Constitution applicable 31 |
|---|
| 35 | 34 | | to the collection of signatures on an initiative petition or referendum 32 |
|---|
| 36 | 35 | | petition during the current election cycle. 33 |
|---|
| 37 | 36 | | (2) This subsection shall not constrain the duties and authority 34 |
|---|
| 38 | 37 | | of the Secretary of State as set forth in Arkansas law. 35 |
|---|
| 39 | 38 | | 36 SB209 |
|---|
| 40 | 39 | | |
|---|
| 41 | 40 | | 2 02/06/2025 9:21:13 AM SSS128 |
|---|
| 42 | 41 | | SECTION 2. DO NOT CODIFY. SEVERABILITY. The provisions of this act 1 |
|---|
| 43 | 42 | | are declared to be severable and the invalidity of any provision of this act 2 |
|---|
| 44 | 43 | | shall not affect other provisions of the act which can be given effect 3 |
|---|
| 45 | 44 | | without the invalid provision. 4 |
|---|
| 46 | 45 | | 5 |
|---|
| 47 | 46 | | SECTION 3. DO NOT CODIFY. EMERGENCY CLAUSE. It is found and 6 |
|---|
| 48 | 47 | | determined by the General Assembly of the State of Arkansas that the process 7 |
|---|
| 49 | 48 | | for citizens to propose initiated acts and amendments to the Arkansas 8 |
|---|
| 50 | 49 | | Constitution is critical to a well -functioning democracy in this state; that 9 |
|---|
| 51 | 50 | | it is of the utmost importance that the integrity of the initiative process 10 |
|---|
| 52 | 51 | | be strengthened through this act so that petitioners and voters maintain a 11 |
|---|
| 53 | 52 | | high degree of confidence in the soundness of their right to legislate as 12 |
|---|
| 54 | 53 | | citizens of Arkansas; and that this act is immediately necessary because any 13 |
|---|
| 55 | 54 | | delay in the implementation of this act would disrupt the initiative process 14 |
|---|
| 56 | 55 | | for the 2026 general election, which would have a detrimental effect on the 15 |
|---|
| 57 | 56 | | public peace, health, and safety of Arkansas. Therefore, an emergency is 16 |
|---|
| 58 | 57 | | declared to exist, and this act being immediately necessary for the 17 |
|---|
| 59 | 58 | | preservation of the public peace, health, and safety shall become effective 18 |
|---|
| 60 | 59 | | on: 19 |
|---|
| 61 | 60 | | (1) The date of its approval by the Governor; 20 |
|---|
| 62 | 61 | | (2) If the bill is neither approved nor vetoed by the Governor, 21 |
|---|
| 63 | 62 | | the expiration of the period of time during which the Governor may veto the 22 |
|---|
| 64 | 63 | | bill; or 23 |
|---|
| 65 | 64 | | (3) If the bill is vetoed by the Governor and the veto is 24 |
|---|
| 66 | 65 | | overridden, the date the last house overrides the veto. 25 |
|---|
| 67 | 66 | | 26 |
|---|
| 68 | 67 | | 27 |
|---|