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Arkansas secretary of state touts election security, calls for changes to ballot initiative process

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arkansasadvocate.com – Tess Vrbin – 2025-02-17 15:46:00


Arkansas secretary of state touts election security, calls for changes to ballot initiative process

by Tess Vrbin, Arkansas Advocate
February 17, 2025

Arkansas Secretary of State Cole Jester on Monday declared Arkansas has “the most secure elections in the country” but cast doubt on the security of absentee voting and the integrity of citizen-led ballot initiatives.

Jester, who took office Jan. 2, called for a “top-to-bottom security review” of Arkansas’ election procedures on Jan. 24 and presented his findings at a press conference Monday. The report his office released Monday labeled four of its seven focus areas — in-person voting, county outreach, cybersecurity and physical security — with an “A” grade. The report labeled voter registration “B+” and absentee voting “B-.”

The initiative petition process received the lowest grade with a “D,” and Jester said the review found “thousands of fraudulent signatures” on petitions for ballot measures.

He and his deputy secretary and chief legal counsel, Nathan Lee, expressed support for several bills moving through the Legislature that would add more regulations to the initiative process.

“Right now there’s little to disincentivize someone from maybe misrepresenting what might be on the initiative petition when trying to collect signatures,” Lee said.

Sen. Kim Hammer, R-Benton, is sponsoring three bills that a House committee will consider Monday afternoon:

Senate Bill 207 would require canvassers to disclose that petition fraud is a Class A misdemeanor, which is punishable by up to 1 year in prison.Senate Bill 208 would require canvassers to request a photo ID from potential signers.Senate Bill 211 would require canvassers to file an affidavit with the secretary of state certifying they complied with the Arkansas Constitution and state laws related to canvassing, perjury, forgery and fraudulent practices in the procurement of petition signatures. Signatures submitted without the affidavit would not be counted.

All three bills passed the Senate Wednesday, as did their emergency clauses, which would allow them to go into effect immediately upon Gov. Sarah Huckabee Sanders’ signature.

Two more bills sponsored by Hammer passed the Senate, though their emergency clauses did not. Senate Bill 209 would disqualify signatures collected by canvassers if the secretary of state finds “by a preponderance of evidence” that they violated state law collecting the signatures. Senate Bill 210 would require potential signers to read the ballot title of a petition or have it read aloud to them in the presence of a canvasser. It would also make it a misdemeanor for a canvasser to accept a signature from people who have not read the ballot title or had it read aloud to them in the presence of a canvasser.

Under Article 5 Section 1 of the state Constitution, Arkansans can propose laws and constitutional amendments or repeal state laws through the initiative and referendum process, which requires citizens to collect a certain number of signatures that must be certified by state officials before being placed on the ballot for a vote.

Arkansas’ elections are overseen by the secretary of state, a position Hammer is seeking in 2026. Jester’s predecessor, John Thurston, was elected treasurer in November, and Jester’s appointment by Sanders means he cannot run for secretary of state.

Hammer’s five bills passed a divided Senate committee Tuesday. Opponents of the bills called them an attack on direct democracy. Supporters alleged fraud and misconduct by canvassers collecting signatures last year for a proposed constitutional amendment that would have created a limited right to abortion.

The Arkansas Abortion Amendment was one of several proposed measures in 2024 that failed to qualify for the ballot due to paperwork issues, insufficient signatures and legal challenges.

Deputy Secretary of State Nathan Lee (left) helps Secretary Cole Jester (third from right) present a report on election security during a press conference on Monday, February 17, 2025. Also pictured are Director of Elections Leslie Bellamy (second from right) and Assistant Director of Elections Josh Bridges (right). (Tess Vrbin/Arkansas Advocate)

Lee said the secretary of state’s office is “very reactive” and does not have “any tools currently to be proactive in combating fraud in the petition process.”

The existing law making petition fraud a misdemeanor specifies that a person must “knowingly” commit fraud, such as signing a petition more than once, in order for the action to be a crime.

When asked how to prove a person’s intent, Jester said this is “a criminal law question.”

“If you did it 15 times, there’s probably evidence that’s on purpose. If you do it twice and there’s no other evidence, that would not show intent,” he said.

Other findings

Legislative Democrats are sponsoring a bill that would create no-excuse absentee voting in Arkansas. The bill has not yet been heard in committee.

Mail-in absentee ballots account for less than 1% of all Arkansas ballots, Jester said, but it comes with “inherent risk.” He said his office “will oppose any effort to expand mail-in voting” and support in-person voting early or on Election Day.

Unlike in-person voting, absentee voting does not come with the guarantees that voters were not coerced into voting a certain way and that “no one else’s hands are on the ballots” before election officials receive them, Jester said.

He also said Arkansas’ rejection rate of absentee ballots is “a really good thing because that means our clerks are doing their jobs seriously and thoroughly.”

Regarding voter registration, Jester said state and local election officials work hard to ensure their records of eligible voters are accurate, such as removing deceased Arkansans from voter rolls.

Lee said the secretary of state’s office seeks to work with federal authorities to ensure that only United States citizens vote in Arkansas elections. It is illegal on the federal level for noncitizens to vote, but the issue became a talking point in the Republican-led U.S. House of Representatives last year in the run-up to Election Day.

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Arkansas ranks last in the nation for voter participation, according to a study from the National Conference on Citizenship. Arkansas is also one of seven states that do not allow electronic voter registration, according to the National Conference of State Legislatures. A Democrat-led bill would institute this policy but has not yet been heard in committee.

In 2024, lawmakers approved an emergency rule drafted by the Arkansas Board of Election Commissioners that requires a “wet signature,” meaning signing with a pen, on voter registration applications except at certain state agencies.

“Though online voter registration would be more convenient for many Arkansans, grave concerns exist regarding the accuracy of online registrations,” Jester’s report states. “…Accurate wet signatures are not currently possible in an online system. Additionally, such a system would require the cooperation of several government agencies with very different levels of security and software, and thus such a system is not currently feasible.”

A federal judge blocked the emergency rule in August in response to a challenge from voter participation advocates, but in September, the 8th U.S. Circuit Court of Appeals issued an administrative stay that allowed state officials to implement the rule while parties in the lawsuit prepared court filings.

North Arkansas voters distrustful of voting machines, poll workers

Jester’s report states that electronic voting machines are not connected to the internet and therefore are not subject to election interference via cyberattacks. Searcy and Independence counties do not use voting machines and instead use hand-counted paper ballots.

When state election officials saw discrepancies in Searcy County’s 2024 primary election results after an audit, county officials defended the use of paper ballots and promised to learn from the errors.

Local and state officials have repeatedly vouched for the security of voting machines, while local voters have expressed distrust in the election system, whether it be conducted through a paper ballot system or an electronic one.

Arkansas Advocate is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Arkansas Advocate maintains editorial independence. Contact Editor Sonny Albarado for questions: info@arkansasadvocate.com.

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News from the South - Arkansas News Feed

People out and about despite snowy roads in NWA

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www.youtube.com – 40/29 News – 2025-02-19 18:58:32

SUMMARY: Despite snowy roads in Northwest Arkansas, conditions have been improving throughout the day. Roadways, especially on I-49 near Rogers, are clearer, though some slick spots remain. ARDOT is warning of a possible refreeze overnight, urging caution. People are staying busy, including a crew working tirelessly to clear snow and delivery drivers making sure customers get their pizza. One person even shared how their six-month-old puppy, equipped with snow shoes, was able to navigate the snow. With the sun shining, roads are getting better, but drivers are reminded to stay alert for icy conditions tonight.

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People out and about despite snowy roads in NWA

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Arkansas attorney general names new solicitor general

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arkansasadvocate.com – Sonny Albarado – 2025-02-19 17:44:00

Arkansas attorney general names new solicitor general

by Sonny Albarado, Arkansas Advocate
February 19, 2025

Autumn Hamit Patterson is the state’s new solicitor general, Attorney General Tim Griffin announced Wednesday.

Autumn Hamit Patterson, Arkansas Solicitor General

Hamit Patterson previously worked in the Louisiana Attorney General’s Office as special assistant solicitor general for almost a year, according a press release from Griffin’s office.

She replaces Nicholas Bronni, whom Gov. Sarah Huckabee Sanders appointed to the Arkansas Supreme Court in December.

Hamit Patterson’s past legal experience also includes work as a senior attorney for the Texas Public Policy Foundation’s Center for the American Future, for a Dallas law firm and as a clerk for a U.S. appeals court judge and a Texas Supreme Court judge, the press release states.

Her law degree is from the Duke University School of Law, and she has a bachelor’s degree in history and political science from Furman University.

“Her vast experience, legal insights, and commitment to the rule of law will serve Arkansans well and adds to an already stellar team we’ve built here at the Office of the Attorney General,” Griffin said in the press release. “The Solicitor General handles many of the most important cases argued by my office, so it is imperative that this position be filled by the very best of the best.”

The solicitor general’s office consists of five lawyers and a paralegal.

Arkansas Advocate is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Arkansas Advocate maintains editorial independence. Contact Editor Sonny Albarado for questions: info@arkansasadvocate.com.

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Panel approves amended mandate for Arkansas canvassers to warn petition signers of fraud crime

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arkansasadvocate.com – Tess Vrbin – 2025-02-19 17:04:00

Panel approves amended mandate for Arkansas canvassers to warn petition signers of fraud crime

by Tess Vrbin, Arkansas Advocate
February 19, 2025

A bill that would require canvassers for ballot measures in Arkansas to disclose the criminality of petition fraud to potential signers passed a legislative committee Wednesday after being pulled down for amendments Monday.

Senate Bill 207 is one of a slew of proposed laws sponsored by Sen. Kim Hammer, R-Benton, and Rep. Kendon Underwood, R-Cave Springs, that would alter the citizen-led initiative petition process. Arkansas is one of 24 states that allows this process to change laws and the state Constitution, according to the National Conference of State Legislatures.

Hammer and Underwood have said their proposed legislation would protect the integrity of the initiative petition process and deter fraudulent activity.

The section of Arkansas code governing initiatives and referenda designates petition fraud a Class A misdemeanor. House members pointed out Monday that the statute pertaining to fraud against the government designates petition fraud a Class D felony.

Underwood subsequently amended SB 207 to require canvassers to state that petition fraud is simply “a criminal offense.” The House is expected to take up the amended bill Thursday.

Two people spoke against the bill Wednesday before the House Committee on State Agencies and Governmental Affairs.

Christin Harper, policy director for Arkansas Advocates for Children and Families, speaks against Senate Bill 207 before the House Committee on State Agencies and Governmental Affairs on Wednesday, February 19, 2025. (Tess Vrbin/Arkansas Advocate)

Existing state law includes a list of actions considered fraud on initiative or referendum petitions, but SB 207’s mandated statement for canvassers does not include such specifics, said Christin Harper, policy director for Arkansas Advocates for Children and Families.

“The vast majority of Arkansans already know fraud is illegal and are entering the petition process not with nefarious intentions, but with a desire to participate civically in their communities and support issues they care about,” Harper said. “A better way to prevent fraud is to enforce current laws and to train canvassers to ask voters if they have already signed.”

Brady Shiers, database administrator with the Arkansas Public Policy Panel, said the legislation would “have a serious chilling effect, not only for signers but also for canvassers.”

The bill would make a canvasser’s failure to disclose the criminality of petition fraud liable for a Class A misdemeanor charge. Shiers called this “a gross overreaction.”

Brady Shiers, database administrator with the Arkansas Public Policy Panel, speaks against Senate Bill 207 before the House Committee on State Agencies and Governmental Affairs on Wednesday, February 19, 2025. (Tess Vrbin/Arkansas Advocate)

“If I’m a volunteer with a grassroots petition campaign and I now see that accidental failure to say a few words means I can not only ruin the campaign I believe in but also end up having serious legal consequences, I’d be scared to death to even sign up to be a canvasser,” he said.

House Minority Leader Andrew Collins, D-Little Rock, expressed similar concerns about a chilling effect on participation in direct democracy. Rep. David Ray, R-Maumelle, offered a different perspective.

“Every time I’ve ever gone to purchase a gun and I fill out the background check form, I’m asked a series of questions… It states very clearly on the form that if I respond to any of those questions in a way that I know is inaccurate, I’m committing a felony, but that has never had a chilling effect on my intent or ability to purchase a firearm,” Ray said.

The same House committee met for nearly six hours Monday and heard much public testimony, mostly in opposition, before passing two other bills related to ballot initiatives and sponsored by Hammer and Underwood.

Senate Bill 208 would require canvassers to request a photo ID from potential signers, and Senate Bill 211 would require canvassers to file a “true affidavit” with the secretary of state certifying they complied with the Arkansas Constitution and state laws related to canvassing, perjury, forgery and fraudulent practices in the procurement of petition signatures. Signatures submitted without the affidavit would not be counted.

Underwood amended both bills Tuesday, meaning the House Committee on State Agencies and Governmental Affairs will have to pass them again. The change to SB 208 clarifies the type of photo ID the bill would require under existing state law, and the change to SB 211 would exempt signatures from disqualification due to the “inability of a canvasser to submit an affidavit due to death or medical disability.”

Members of the public could not comment on SB 207 during Monday’s meeting after it was pulled from the agenda. Committee members acknowledged that inclement weather likely prevented more speakers besides Shiers and Harper from testifying at Wednesday’s meeting.

Rep. David Ray (left), R-Maumelle, asks a question about Senate Bill 207 while Little Rock Democratic Reps. Denise Ennett (center) and Andrew Collins (right) listen during a meeting of the House Committee on State Agencies and Governmental Affairs on Wednesday, February 19, 2025. (Tess Vrbin/Arkansas Advocate)

The committee considered waiting to vote on SB 207 until the next meeting Feb. 24 in order to allow more people to testify then, but a motion to do so failed despite bipartisan support.

The bill passed on a roll call vote with nine Republicans voting for it, including Ray. Five committee members voted against it: Republican Reps. Julie Mayberry of Hensley, Mark McElroy of Tillar and Jeremy Wooldridge of Marmaduke; and Collins and his fellow Little Rock Democratic Rep. Denise Ennett.

More ballot initiative bills

If the amended SB 207, SB 208 and SB 211 pass the House, they will return to the Senate, which they passed last week with at least 24 votes each. The bills’ emergency clauses require a minimum of 24 votes, two-thirds of the Senate, and would allow them to go into effect immediately upon the governor’s signature.

Hammer and Underwood are sponsoring two more initiative petition bills that received 22 Senate votes each, meaning the bills passed but their emergency clauses failed.

Senate Bill 209 would disqualify signatures collected by canvassers if the secretary of state finds “by a preponderance of evidence” that they violated state law collecting the signatures. Senate Bill 210 would require potential signers to read the ballot title of a petition or have it read aloud to them in the presence of a canvasser. It would also make it a misdemeanor for a canvasser to accept a signature from people who have not read the ballot title or had it read aloud to them in the presence of a canvasser.

Hammer said Tuesday that he will bring the two emergency clauses back to the Senate floor Monday. Six senators were absent from the chamber Wednesday due to inclement weather.

Arkansas’ elections are overseen by the secretary of state, a position Hammer is seeking in 2026. Another bill he sponsored, Senate Bill 212, would have created a law enforcement agency within the secretary of state’s office that could investigate the validity of submitted documents related to elections and ballot initiatives. The bill failed in committee last week.

Hammer is also the Senate sponsor of two bills introduced by Ray that are currently on the governor’s desk: House Bill 1221 and House Bill 1222.

HB 1221 clarifies that the certification of ballot titles for initiatives, referenda and constitutional amendments as well as the signatures collected for those measures would only be valid for the next general election.

HB 1222 expands the attorney general’s existing authority to reject a proposal if it conflicts with the U.S. Constitution or federal statutes. It would also prevent a sponsor from submitting more than one conflicting petition at the same time.

Arkansas Advocate is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Arkansas Advocate maintains editorial independence. Contact Editor Sonny Albarado for questions: info@arkansasadvocate.com.

The post Panel approves amended mandate for Arkansas canvassers to warn petition signers of fraud crime appeared first on arkansasadvocate.com

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