News from the South - Arkansas News Feed
Direct democracy bills stir passion, hours of discussion in Arkansas House committee
Direct democracy bills stir passion, hours of discussion in Arkansas House committee
by Antoinette Grajeda, Arkansas Advocate
February 18, 2025
A divided House committee on Monday advanced two bills to regulate how signatures are gathered in Arkansas for citizen-led ballot initiatives after nearly six hours of debate that included at-times passionate testimony and bipartisan opposition.
Republican Sen. Kim Hammer of Benton is the lead sponsor of the legislation, which co-sponsor Rep. Kendon Underwood, R-Cave Springs, presented to the House Committee on State Agencies and Governmental Affairs on Monday.
Sparked by concerns over the integrity of the ballot initiative process, Underwood said the legislation he sponsored aims to deter fraudulent activity, increase transparency and protect the democratic process by providing voter confidence in the system.
Opponents of the bills argued they would prevent Arkansans’ voices from being heard because these new regulations would make it more difficult to qualify for the ballot, a feat that few initiatives accomplish under current laws.
The rules lawmakers have passed “do nothing to fix the problem,” Melissa Fults said. As someone who’s worked on ballot initiatives for a long time, Fults said she has for years begged lawmakers to work with people leading these efforts if they really want to address issues with the process.
“Y’all are supposed to work for us, yet y’all make sure that we never have a voice to be heard. You have no idea how hard that is,” she said. “I have fought for 14 years, 14 years. I’m a 70-year-old grandmother that’s tired of fighting. At every single session I have to come up here to fight for my right to have a voice and you completely ignore it.”
Arkansas Senate moves several bills to amend state’s petition-gathering process
If approved by the Legislature, Senate Bill 208 would require canvassers to request a photo ID from potential signers. 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.
Opponents of SB 211 said they were concerned the bill doesn’t provide a remedy for citizens whose signatures are disqualified because of a canvasser’s actions. They also expressed concern about the ability of a measure’s opponents to falsely accuse a canvasser of not following procedures in the proposed laws.
Sponsors of the bill have cited duplicated signatures as a threat to the integrity of the ballot initiative process. Rep. Andrew Collins, D-Little Rock, said SB 211 wouldn’t address that issue. Signing more than once is already against the law, and the secretary of state’s office currently culls duplicated signatures, he said.
Leslie Bellamy, director of elections for the Arkansas Secretary of State, said the intent of the bill is to deter bad actors. The concern, Bellamy said, is there’s incentive for people to submit invalid signatures in order to meet an initial threshold to qualify for a “cure period” that provides sponsors with an additional 30 days to gather more valid signatures in order to qualify for the ballot.
Rep. David Ray, a Maumelle Republican who’s running his own bills to amend the ballot initiative process, asked how many submitted signatures are typically deemed invalid. Bellamy estimated that most ballot measures have roughly 30% of signatures deemed invalid.
“In what other area of American life would we find a failure rate of 20% to 40% to be acceptable,” Ray said. “Would it be acceptable, for example, if a doctor lost 20% to 40% of their patients?”
Collins said having this data means the system is working because invalid signatures are being caught. State officials said this is what they’re catching, but there could be more.
At a midday press conference hosted by a coalition of advocacy groups, speakers called on Hammer to pull his bills because they would make it more difficult for grassroots organizations like theirs to make citizens’ voices heard through the ballot initiative process.
If passed, speakers argued the bills would slow the process and intimidate Arkansans from participating because making “an honest mistake” could result in criminal prosecution.
Arkansas Education Association President April Reisma noted at the press conference that Monday was a state holiday for Daisy Gatson Bates, a civil rights leader who helped the Little Rock Nine integrate Little Rock’s Central High School in 1957.
Reisma, who also chairs a ballot question committee working on a proposed constitutional amendment on education, argued that the Legislature is “stripping away” citizens’ rights, “the very rights that Ms. Bates fought so valiantly for.”
“Petitioning allows voters to have a right to have shared power with lawmakers,” Reisma said. “These bills represent a power grab by politicians that threaten to strip that right from their constituents’ hands. Arkansas already has one of the most secure petitioning processes in the country.”
Arkansas is one of 24 states that allows for citizen-led initiatives, according to the National Conference of State Legislatures.
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.
As one of his constituents, Reisma called on Hammer to pull his bills.
“I see you want to run for secretary of state, and I see you setting yourself up for this,” she said. “Let the people continue to have a voice. Let this be 2025, not 1957.”
Hammer announced his bid for secretary of state in January.
The House committee on Monday night did pull Senate Bill 207, which would require canvassers to disclose to potential signers that petition fraud is a Class A misdemeanor. Collins pointed out, and chairman Rep. Jimmy Gazaway, R-Paragould, agreed that there is a section of Arkansas code that classifies petition fraud as a Class D felony. Collins and Gazaway are both attorneys.
Underwood agreed to pull the bill to investigate the potential conflict in statute. Gazaway said the committee could consider the bill on Wednesday.
Because many people showed up to testify on the bills, Gazaway permitted them to speak and did not limit their time. Members of the public, nearly all of whom spoke against the bills, thanked Gazaway for letting their voice be heard.
Fayetteville Democrat Rep. Nicole Clowney also shared her gratitude for the public’s participation.
“I just want everybody who showed up and stuck around this whole time to know that your voice mattered and we are grateful to have heard from you,” Clowney said.
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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
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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News from the South - Arkansas News Feed
Panel approves amended mandate for Arkansas canvassers to warn petition signers of fraud crime
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.
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.”
“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.
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
News from the South - Arkansas News Feed
The coldest temperatures of winter so far are here
SUMMARY: Good Wednesday morning! Today is severe in Northwest Arkansas and the river valley. Although the snow has ended, roads are icy and dangerous, making travel difficult. Wind chills are expected to be dangerously cold, ranging from 10 to 25 below zero, particularly affecting pets and people. While snow is clearing, chilly temperatures will persist, with highs not reaching freezing today or tomorrow. Sunny skies are forecasted for Thursday, but wind chills will remain harsh. Join us at 4 a.m. for updates on road conditions and details on the upcoming warmer temperatures in the forecast. Stay safe and warm!
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40/29 Meteorologist Majestic Storm says other than a few flurries, the bulk of the snow is now off to the east of us. The focus now are the dangerous roads and the bitter cold temperatures.
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