Stricken language would be deleted from and underlined language would be added to present law.
Act 768 of the Regular Session
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 584 3
4
By: Senator K. Hammer 5
By: Representative Hawk 6
7
For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING LOCAL INITIATIVE 9
AND REFERENDUM PETITIONS; AND FOR OTHER PURPOSES. 10
11
12
Subtitle 13
TO AMEND THE LAW CONCERNING LOCAL 14
INITIATIVE AND REFERENDUM PETITIONS. 15
16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 17
18
SECTION 1. Arkansas Code § 7 -9-101 is amended to read as follows: 19
7-9-101. Definitions. 20
As used in this subchapter: 21
(1) “Act” means an act having general application throughout the 22
state, whether originating in the General Assembly or proposed by the people; 23
(2) “Amendment” means an amendment to the Arkansas Constitution 24
that is proposed by the people; 25
(3) “Canvasser” means a person who circulates an initiative or 26
referendum petition or a part or parts of an initiative or referendum 27
petition to obtain the signatures of petitioners thereto; 28
(4) “Election” means a regular general election at which state 29
and county officers are elected for regular terms; 30
(5) "Local" means a county or municipality; 31
(5)(6) “Measure” means an amendment, an act, or an ordinance; 32
(6)(7) “Ordinance” means an ordinance of a municipality or 33
county, whether originating in the legislative body of the municipality or 34
county or proposed by the people; 35
(7)(8) “Petition part” means a petition signature sheet 36 SB584
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containing the information required under § 7 -9-104 or § 7-9-105; 1
(8)(9) “Petitioner” means a person who signs an initiative or 2
referendum petition ordering a vote on a measure; 3
(9)(10) “Registered voter” means a person who is registered at 4
the time of signing the petition pursuant to Arkansas Constitution, Amendment 5
51; and 6
(10)(11) “Sponsor” means a person who arranges for the 7
circulation of an initiative or referendum petition or who files an 8
initiative or referendum petition with the official charged with verifying 9
the signatures. 10
11
SECTION 2. Arkansas Code § 7 -9-103(a)(4), concerning the signing of a 12
petition, penalty for falsification, and notice of suspected forgery for 13
initiative petitions and referendum petitions, is amended to read as follows: 14
(4) A person shall not act as a paid canvasser on a statewide 15
initiative petition, or statewide referendum petition, local initiative 16
petition, or local referendum petition if the sponsor has not provided the 17
information required under § 7 -9-601 to the Secretary of State before the 18
person solicits signatures on a petition to the: 19
(A) Secretary of State for a statewide initiative petition 20
or statewide referendum petition; and 21
(B) County clerk for a local initiative petition or local 22
referendum petition. 23
24
SECTION 3. Arkansas Code § 7 -9-103(c), concerning the signing of a 25
petition, penalty for falsification, and notice of suspected forgery for 26
initiative petitions and referendum petitions, is amended to read as follows: 27
(c) A person commits a Class A misdemeanor if the person, acting as a 28
canvasser, notary, sponsor, or agent of a sponsor: 29
(1) Signs a name other than his or her own to a petition; 30
(2) Prints a name, address, or birth date other than his or her 31
own on a petition unless the signer requires assistance due to disability and 32
the person complies with this section; 33
(3) Solicits or obtains a signature to a petition knowing that 34
the person signing is not qualified to sign the petition; 35
(4) Knowingly pays a person any form of compensation in exchange 36 SB584
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for signing a petition as a petitioner; 1
(5) Accepts or pays money or anything of value for obtaining 2
signatures on a petition when the person acting as a canvasser, sponsor, or 3
agent of a sponsor knows that the person acting as canvasser's name or 4
address is not included on the sponsor's list filed with the Secretary of 5
State or the county clerk under § 7-9-601; 6
(6) Knowingly misrepresents the purpose and effect of the 7
petition or the measure affected for the purpose of causing a person to sign 8
a petition; 9
(7) As a canvasser, knowingly makes a false statement on a 10
petition verification form; 11
(8) As a notary, fails to witness a canvasser's affidavit by 12
witnessing the signing of the instrument in person and either personally 13
knowing the signer or being presented with proof of identity of the signer; 14
or 15
(9) As a sponsor, files a petition part with the official 16
charged with verifying the signatures knowing that the petition part contains 17
one (1) or more false or fraudulent signatures unless each false or 18
fraudulent signature is clearly stricken by the sponsor before filing. 19
20
SECTION 4. Arkansas Code § 7 -9-103(e), concerning the signing of a 21
petition, penalty for falsification, and notice of suspected forgery for 22
initiative petitions and referendum petitions and as amended by Acts 2025, 23
No. 273, is amended to read as follows: 24
(e)(1) The Secretary of State shall not count signatures collected and 25
witnessed by a canvasser for a statewide initiative petition or statewide 26
referendum petition and the county clerk shall not count signatures collected 27
and witnessed by a canvasser for a local initiative petition or local 28
referendum petition if the Secretary of State or the county clerk finds by a 29
preponderance of the evidence that the canvasser has violated Arkansas laws 30
regarding canvassing, perjury, forgery, or fraudulent practices in the 31
procurement of petition signatures or any provision of the Arkansas 32
Constitution applicable to the collection of signatures on an initiative 33
petition or referendum petition during the current election cycle. 34
(2) This subsection shall not constrain the duties and authority 35
of the Secretary of State or the county clerk as set forth in Arkansas law. 36 SB584
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1
SECTION 5. Arkansas Code § 7 -9-107 as amended by Acts 2025, No. 154, 2
is amended to read as follows: 3
7-9-107. Filing of original draft before circulation. 4
(a) Before any statewide initiative petition, or statewide referendum 5
petition, local initiative petition, or local referendum petition ordering a 6
vote upon any amendment or act shall be circulated for obtaining signatures 7
of petitioners, the sponsors shall submit the original draft with the : 8
(1) Attorney General for statewide initiative petitions and 9
referendum petitions; and 10
(2) The county clerk where the petition is being circulated for 11
local initiative petitions and referendum petitions in accordance with § 14 -12
14-917. 13
(b) The original draft shall include: 14
(1) The full text of the proposed measure; 15
(2) A ballot title for the proposed measure; and 16
(3) A popular name for the proposed measure. 17
(c) The Attorney General or the county clerk shall return to the 18
sponsor a file-marked copy of the original draft that shall serve as evidence 19
that the original draft was filed in compliance with this section. 20
(d)(1) Within ten (10) business days, the Attorney General or the 21
county clerk with the assistance of the county civil attorney shall approve 22
and certify or shall substitute and certify a more suitable and correct 23
ballot title and popular name for each amendment or act. 24
(2) The ballot title so submitted or supplied by the Attorney 25
General or the county clerk shall briefly and concisely state the purpose of 26
the proposed measure. 27
(e) If, as a result of his or her review of the ballot title and 28
popular name of a proposed initiated act , or a proposed amendment to the 29
Arkansas Constitution, or a local ordinance or resolution, the Attorney 30
General or the county clerk determines that the ballot title or the nature of 31
the issue, is presented in such manner that the ballot title would be 32
misleading or designed in such manner that a vote “FOR” the issue would be a 33
vote against the matter or viewpoint that the voter believes himself or 34
herself casting a vote for, or, conversely, that a vote “AGAINST” the issue 35
would be a vote for a viewpoint that the voter is against, or that the text 36 SB584
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of the proposal conflicts with the United States Constitution or a federal 1
statute, the Attorney General or the county clerk with the assistance of the 2
civil attorney may reject the entire ballot title, popular name, and petition 3
and state his or her reasons therefor and instruct the petitioners to 4
redesign the proposed measure and the ballot title and popular name in a 5
manner that would not be misleading or in conflict with the United States 6
Constitution or a federal statute. 7
(f) If the Attorney General refuses to act or if the sponsors feel 8
aggrieved at the Attorney General's acts in such premises, the sponsors may, 9
by petition, apply to the Supreme Court for proper relief. 10
(g)(1) A sponsor shall not submit multiple initiative petitions or 11
referendum petitions that are conflicting measures to the Attorney General 12
under this section for review, except as follows: 13
(A) If an initiative petition or referendum petition is 14
certified under this section, a sponsor may submit an initiative petition or 15
referendum petition that is a conflicting measure with the certified 16
initiative petition or certified referendum petition after the date of the 17
next general election following the certification; or 18
(B) If an initiative petition or referendum petition is 19
rejected under this section, a sponsor may submit an initiative petition or 20
referendum petition that is a conflicting measure with the rejected 21
initiative petition or referendum petition. 22
(2)(A) The Attorney General shall reject all statewide 23
initiative petitions and statewide referendum petitions that are submitted by 24
a sponsor in violation of this subsection. 25
(B) The county clerk shall reject all local initiative 26
petitions and local referendum petitions that are submitted by a sponsor in 27
violation of this subsection in accordance with § 14 -14-917. 28
(3) As used in this subsection, “conflicting measures” means two 29
(2) or more initiative petitions or referendum petitions that: 30
(A) Cover the same subject matter; 31
(B) Are for the same general purpose; and 32
(C) Contain different language in any part of their full 33
texts, ballot titles, or popular names. 34
35
SECTION 6. Arkansas Code § 7 -9-111(j) and (k), concerning a 36 SB584
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determination on the sufficiency of petitions and as amended by Acts 2025, 1
No. 241, is amended to read as follows: 2
(j)(1) Except as provided under subdivision (j)(4) of this section, a 3
canvasser shall file a true affidavit with the Secretary of State for a 4
statewide initiative petition or statewide referendum petition and the county 5
clerk for a local initiative petition or local referendum petition certifying 6
that the canvasser has complied with the Arkansas Constitution and all 7
Arkansas law regarding canvassing, perjury, forgery, and fraudulent practices 8
in the procurement of petition signatures during the current election cycle. 9
(2) The Secretary of State or the county clerk shall not count 10
the signatures submitted by the canvasser until a true affidavit is submitted 11
under subdivision (j)(1) of this section. 12
(3) A true affidavit submitted under subdivision (j)(1) of this 13
section shall have no bearing to establish the genuineness or falsity of the 14
signatures obtained by the canvasser. 15
(4)(A) The inability of a canvasser to submit an affidavit due 16
to death or medical disability shall not disqualify the signatures gathered 17
by the canvasser. 18
(B) Subdivision (j)(4)(A) of this section does not excuse 19
a canvasser from filing the affidavit required under § 7 -9-109. 20
(k) A canvasser who has filed a true affidavit under subsection (j) of 21
this section shall not collect additional signatures unless the Secretary of 22
State determines that the sponsor of the statewide initiative petition or 23
statewide referendum petition or the county clerk determines that the sponsor 24
of the local initiative petition or local referendum petition is eligible for 25
an amendment to the statewide initiative petition, or statewide referendum 26
petition, local initiative petition, or local referendum petition under 27
Arkansas Constitution, Art. 5, § 1. 28
29
SECTION 7. Arkansas Code § 7 -9-601(a)(1), concerning the hiring and 30
training of paid canvassers for initiative petitions and referendum 31
petitions, is amended to read as follows: 32
(a)(1) A person shall not provide money or anything of value to 33
another person for obtaining signatures on a statewide initiative petition , 34
or statewide referendum petition , local initiative petition, or local 35
referendum petition unless the person receiving the money or item of value 36 SB584
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meets the requirements of this section. 1
2
SECTION 8. Arkansas Code § 7 -9-601(a)(2)(C) and (D), concerning the 3
hiring and training of paid canvassers for initiative petitions and 4
referendum petitions, is amended to read as follows: 5
(C)(i) Provide a complete list of all paid 6
canvassers' names and current residential addresses to the : 7
(a) Secretary of State for statewide 8
initiative petitions and referendum petitions; and 9
(b) The county clerk where the petition will 10
be submitted for local initiative petitions and local referendum petitions . 11
(ii) If additional paid canvassers agree to solicit 12
signatures on behalf of a sponsor after the complete list is provided, the 13
sponsor shall provide an updated list of all paid canvassers' names and 14
current residential addresses to the : 15
(a) Secretary of State for statewide 16
initiative petitions and statewide referendum petitions; and 17
(b) The county clerk where the petition will 18
be submitted for local initiative petitions and local referendum petitions ; 19
(D) Submit to the Secretary of State a copy of the signed 20
statement provided by the paid canvasser under subdivision (d)(3) of this 21
section to the: 22
(i) Secretary of State for statewide initiative 23
petitions and statewide referendum petitions; and 24
(ii) The county clerk where the petition will be 25
submitted for local initiative petitions and local referendum petitions ; 26
27
SECTION 9. Arkansas Code § 7 -9-601(a)(3), concerning the hiring and 28
training of paid canvassers for initiative petitions and referendum 29
petitions, is amended to read as follows: 30
(3) Upon filing the petition with the Secretary of State for a 31
statewide initiative petition or statewide referendum petition or with the 32
county clerk for a local initiative petition or local referendum petition , 33
the sponsor shall submit to the Secretary of State or the county clerk a: 34
(A) Final list of the names and current residential 35
addresses of each paid canvasser; and 36 SB584
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(B) Signature card for each paid canvasser. 1
2
SECTION 10. Arkansas Code § 7 -9-601(b)(3), concerning the hiring and 3
training of paid canvassers for initiative petitions and referendum 4
petitions, is amended to read as follows: 5
(3) Upon submission of the sponsor's list of paid canvassers to 6
the Secretary of State under subdivision (a)(2) of this section , the sponsor 7
shall certify to the Secretary of State or the county clerk that each paid 8
canvasser in the sponsor's employ has no disqualifying offenses in accordance 9
with this section. 10
11
SECTION 11. Arkansas Code § 7 -9-601(f), concerning the hiring and 12
training of paid canvassers for initiative petitions and referendum 13
petitions, is amended to read as follows: 14
(f) Signatures incorrectly obtained or submitted under this section 15
shall not be counted by the Secretary of State or the county clerk for any 16
purpose. 17
18
SECTION 12. Arkansas Code § 7 -9-601(g)(1), concerning the hiring and 19
training of paid canvassers for initiative petitions and referendum 20
petitions, is amended to read as follows: 21
(g)(1) It is unlawful for a person to pay or offer to pay a person, or 22
receive payment or agree to receive payment, on a basis related to the number 23
of signatures obtained on a statewide initiative petition , or statewide 24
referendum petition, local initiative petition, or local referendum petition . 25
26
SECTION 13. Arkansas Code § 14 -14-915(a), concerning county initiative 27
and referendum petition requirements, is amended to read as follows: 28
(a) Style Requirements of Petitions. A petition for county initiative 29
or referendum filed by the electors shall: 30
(1) Embrace only a single comprehensive topic and shall be 31
styled and circulated for signatures in the manner prescribed for county 32
ordinances and amendments to ordinances established in this section and § 7 -33
9-101 et seq.; 34
(2) Set out fully in writing the ordinance sought by 35
petitioners; or in the case of an amendment, set out fully in writing the 36 SB584
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ordinance sought to be amended and the proposed amendment; or in the case of 1
referendum, set out the ordinance, or parts thereof, sought to be repealed; 2
and 3
(3)(A)(i) Contain a written certification of legal review by an 4
attorney at law duly registered and licensed to practice in the State of 5
Arkansas. 6
(ii) This legal review shall be conducted for the 7
purpose of form, proper title, legality, constitutionality, and conflict with 8
existing ordinances. 9
(iii) Legal review shall be concluded prior to the 10
circulations of the petition for signatures. 11
(B) No change shall be made in the text of any initiative 12
or referendum petition measure after any or all signatures have been 13
obtained; and 14
(4) Contain the full ballot title of the initiative or 15
referendum at the top of each signature page . 16
17
SECTION 14. Arkansas Code § 14 -14-915(b)(1), concerning county 18
initiative and referendum petition requirements, is amended to read as 19
follows: 20
(1) Initiative Petitions. 21
(A) All petitions for initiated county measures shall be 22
filed with the county clerk not less than ninety (90) calendar days nor more 23
than one hundred twenty (120) calendar days prior to the date established for 24
the next regular election. 25
(B) A petition sponsor shall comply with §§ 7 -9-107 and 7-26
9-601 before filing an initiative or referendum petition with the county 27
clerk in the county where the petition will be circulated. 28
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APPROVED: 4/17/25 31
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