LITTLE ROCK — Proposed changes to Arkansas' citizen-led ballot initiative process advanced through the state Legislature on Monday, with more movement expected throughout the week.
Two bills sponsored by Sen. Kim Hammer, R-Benton, passed a House committee for the second time after amendments and will next go to the House floor. A third bill passed the House and will return to a Senate committee.
The bills are part of several Hammer is sponsoring, which critics say will limit Arkansans' ability to participate in direct democracy. Hammer, House sponsor Rep. Kendon Underwood, and Secretary of State Cole Jester have all claimed that petitions for ballot measures circulated last year included numerous duplicate signatures, which are prohibited by state law.
Underwood, a Cave Springs Republican, presented Senate Bill (SB) 207 to the House and later presented SB 208 and SB 211 to the House Committee on State Agencies and Governmental Affairs.
SB 207 would require canvassers for ballot-measure petitions to inform potential signers that petition fraud is a criminal offense. Underwood explained that many people do not realize how serious petition documents are, and the bill would protect the democratic process by ensuring legitimate signatures are collected, reducing fraudulent activity. Petition fraud is classified as a Class A misdemeanor under Arkansas law.
Rep. Tippi McCullough, D-Little Rock, questioned how the state would collect evidence to prosecute canvassers who fail to comply with the bill’s requirements. Underwood suggested that evidence could be provided in various ways.
McCullough expressed concern that the requirement might “chill” the signature-collecting process, particularly if canvassers were expected to record videos to prove compliance. She feared this could disrupt the interaction between canvassers and voters.
SB 207 passed with 67 votes from Republicans, meeting the minimum threshold for the emergency clause, which would allow the bill to take effect immediately upon the governor’s signature. However, 16 House Democrats and nine Republicans voted against the bill. Five Republicans did not vote, and two Democrats voted present.
SB 208 and SB 211 also include emergency clauses. Both bills, along with SB 207, initially passed the Senate with over two-thirds support.
SB 208 would require canvassers to request a photo ID from potential signers, while SB 211 would mandate canvassers to file a "true affidavit" with the Secretary of State certifying compliance with Arkansas’ laws related to canvassing, perjury, forgery, and fraudulent petition practices. Petitions without the affidavit would be disqualified.
The House Committee on State Agencies and Governmental Affairs approved both amended bills on Monday, following nearly six hours of public comment the previous week.
Kwami Abdul-Bey, representing the Arkansas state conference of the NAACP, voiced opposition to both bills. He appreciated the amendment to SB 208, which clarified the type of photo ID required by state law. However, he expressed concern that SB 208 did not include exceptions for voters in long-term care facilities or military service, who are exempt from presenting photo IDs to vote under current law.
Abdul-Bey also opposed SB 211’s requirement for a "true affidavit," which he argued could lead to criminal liability. He pointed out that the state already requires ballot question committees to submit affidavits identifying paid canvassers, which carry civil liability. He questioned why a new "true affidavit" was necessary when it could be added to the existing affidavit requirements.
Abdul-Bey argued that the new affidavit would create unnecessary paperwork and criminalize signature collection for ballot measures, a process he has been involved in for years.
After no further public testimony, the committee approved both SB 208 and SB 211 with split voice votes. If approved by the House, these bills will return to the Senate.
The Senate Committee on State Agencies and Governmental Affairs is expected to review SB 207 on Thursday.
