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It’s the time of year when you’ll see canvassers asking you to sign petitions for ballot initiatives. This is how we get issues placed on the ballot so we can vote on them in the General Election.
Arkansas Attorney General Tim Griffin wants to be sure everyone knows the laws for both signers and canvassers. “It is vitally important that laws governing each part of the ballot initiative process are followed. This not only ensures our citizens’ ability to participate in direct democracy, but also protects ballot initiatives from legal challenges.”
1. Ballot Initiative Canvassers are required by law to:
Be 18 years of age or older,
Be a U.S. citizen,
Be an Arkansas resident, and
Personally witness all signatures on the petition.
2. Canvassers commit a felony if they:
Sign someone else’s name to a petition;
Print someone else’s name, address, or birth date. If the signer requires assistance due to disability, a person other than the canvasser may print the signer’s name, address, birth date, and the date of signing. The person providing assistance must sign and print his or her own name in the margin of the petition;
Ask for or obtain a signature when the canvasser knows that the person signing is not qualified to sign the petition;
Pay someone to sign the petition;
Knowingly misrepresent the purpose and effect of the petition or the measure in order to persuade someone to sign; or
Falsely swear to have witnessed all signatures on the petition page.
3. If you are considering signing a Ballot Initiative Petition, know these rules:
Are you registered to vote? Only registered voters may sign a petition;
Know your county. Petitions are separated by county, so voters should only sign a petition for the county where they’re registered to vote;
All signatures must be in the signer’s handwriting;
All signatures must be given in the presence of the canvasser;
Know the title and description before you sign. Arkansas law requires that a full and correct copy of the popular name, ballot title and text of the initiated or referred measure be attached to every petition at all times during a petition’s circulation. This is so potential signers may read the full text of what they are being asked to sign;
It’s public information. The information a signer provides on a petition may be disclosed in response to a records request made under the Arkansas Freedom of Information Act.
4. What happens if a canvasser leaves a petition unattended in a public place and someone signs it?
This is a canvasser violation only if:
(1) someone signs that petition while the canvasser isn’t there, and
(2) the canvasser signs the affidavit in the bottom corner of the signature page.
If both of the above happen, then two legal consequences occur:
(1) the opposition to the petition can argue that every signature page gathered by that canvasser be tossed out; and
(2) the canvasser can be convicted of a felony for falsely swearing to have witnessed the signatures that occurred in his or her absence.
5. If you witness misconduct in the ballot initiative process, contact the Election Integrity Unit in the Office of the Attorney General, at (833) 995-8683.
