Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 212 3
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By: Senator K. Hammer 5
By: Representative Underwood 6
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For An Act To Be Entitled 8
AN ACT TO CREATE THE DOCUMENT VALIDITY DIVISION; TO 9
DECLARE AN EMERGENCY; AND FOR OTHER PURPOSES. 10
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Subtitle 13
TO CREATE THE DOCUMENT VALIDITY 14
DIVISION; AND TO DECLARE AN EMERGENCY. 15
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
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SECTION 1. Arkansas Code Title 7, Chapter 4, is amended to add an 19
additional subchapter to read as follows: 20
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Subchapter 4 — Document Validity Division 22
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7-4-401. Document Validity Division. 24
(a) There is created within the office of the Secretary of State the 25
Document Validity Division. 26
(b) The Secretary of State may designate members of his or her staff 27
as record validity investigators, who shall investigate documents and 28
activities related to the validity and truthfulness of records submitted to 29
the office of the Secretary of State under Arkansas Code, Title 7, Chapters 5 30
or 9. 31
(c) The Document Validity Division shall be a law enforcement agency 32
of the office of the Secretary of State appointed by the Secretary of State 33
from his or her employees to investigate the validity of documents filed with 34
the Secretary of State under Arkansas Code, Title 7, Chapters 5 or 9. 35
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7-4-402. Investigations. 1
(a) The Secretary of State or a document validity investigator may 2
conduct an investigation within or outside this state to determine whether a 3
document submitted to the Secretary of State under Arkansas Code, Title 7, 4
Chapters 5 or 9, is false or fraudulent. 5
(b) An investigation under this subchapter may include without 6
limitation: 7
(1) Administering oaths; 8
(2) Issuing subpoenas; 9
(3) Compelling witness attendance; 10
(4) Collecting evidence; and 11
(5) Requiring the production of any books, papers, 12
correspondence, memorandum, agreements, or other documents or records that 13
are relevant or material to the inquiry. 14
(c)(1) If an individual refuses to comply with a subpoena request 15
under subsection (a) of this section, the Secretary of State may request an 16
order from the Pulaski County Circuit Court, or the Supreme Court of Arkansas 17
if the request is related to initiative petitions or referendum petitions, 18
and the circuit court, or the Supreme Court of Arkansas if the request is 19
related to initiative petitions or referendum petitions, shall order the 20
individual to appear before the Document Validity Division or the officer 21
designated by the division to produce evidence or testify concerning the 22
matter under investigation. 23
(2) Failure to obey the order may be punished as contempt of 24
court. 25
(d)(1) An individual is not excused from a subpoena request under 26
subsection (b) of this section on the grounds that the testimony or evidence, 27
documentary or otherwise, required of the individual may tend to incriminate 28
the individual or subject him or her to a penalty or forfeiture. 29
(2) An individual that has claimed his or her privilege against 30
self-incrimination shall not be prosecuted or subjected to a penalty or 31
forfeiture for or on account of any transaction, matter, or thing concerning 32
which he or she is compelled, to testify or produce evidence, documentary or 33
otherwise. 34
(3) An individual exempt from prosecution under subdivision 35
(d)(2) of this section except is not exempt from prosecution and punishment 36 SB212
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for perjury or contempt committed in testifying. 1
(e) A document determined by the division to contain fraud or falsity 2
by a preponderance of the evidence shall be declared null and void for any 3
legal purpose overseen by the Secretary of State. 4
(f) The division may refer any findings of fraud or falsity under this 5
subchapter to the: 6
(1) Attorney General for civil action; 7
(2) Prosecuting attorney for criminal action; or 8
(3) Any other state agency with appropriate jurisdiction. 9
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SECTION 2. DO NOT CODIFY. SEVERABILITY. The provisions of this act 11
are declared to be severable and the invalidity of any provision of this act 12
shall not affect other provisions of the act which can be given effect 13
without the invalid provision. 14
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SECTION 3. DO NOT CODIFY. EMERGENCY CLAUSE. It is found and 16
determined by the General Assembly of the State of Arkansas that the process 17
for citizens to propose initiated acts and amendments to the Arkansas 18
Constitution is critical to a well -functioning democracy in this state; that 19
it is of the utmost importance that the integrity of the initiative process 20
be strengthened through this act so that petitioners and voters maintain a 21
high degree of confidence in the soundness of their right to legislate as 22
citizens of Arkansas; and that this act is immediately necessary because any 23
delay in the implementation of this act would disrupt the initiative process 24
for the 2026 general election, which would have a detrimental effect on the 25
public peace, health, and safety of Arkansas. Therefore, an emergency is 26
declared to exist, and this act being immediately necessary for the 27
preservation of the public peace, health, and safety shall become effective 28
on: 29
(1) The date of its approval by the Governor; 30
(2) If the bill is neither approved nor vetoed by the Governor, 31
the expiration of the period of time during which the Governor may veto the 32
bill; or 33
(3) If the bill is vetoed by the Governor and the veto is 34
overridden, the date the last house overrides the veto. 35
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