§ 7-9-601 — Hiring and training of paid canvassers - Definitions

(a) (1) A person shall not provide money or anything of value to another person for obtaining signatures on a statewide initiative petition or statewide referendum petition unless the person receiving the money or item of value meets the requirements of this section. (2) Before a signature is solicited by a paid canvasser the sponsor shall: (A) Provide the paid canvasser with a copy of the most recent edition of the Secretary of State's initiatives and referenda handbook; (B) Explain the Arkansas law applicable to obtaining signatures on an initiative or referendum petition to the canvasser; (C) (i) Provide a complete list of all paid canvassers' names and current residential addresses to the Secretary of State. (ii) If additional paid canvassers agree to solicit signatures on behalf of a sponsor after the complete list is provided, the sponsor shall provide an updated list of all paid canvassers' names and current residential addresses to the Secretary of State; (D) Submit to the Secretary of State a copy of the signed statement provided by the paid canvasser under subdivision (d)(3) of this section; (E) Instruct the paid canvasser to provide the sponsor sufficient information of the paid canvasser's identity to allow the sponsor to obtain the criminal history and criminal record of the paid canvasser within thirty (30) days before the date that the paid canvasser begins collecting signatures; (F) Obtain the criminal history and criminal record of the paid canvasser; and (G) Contact the appropriate authority in the state or jurisdiction if a paid canvasser's criminal history and criminal record indicate an open or pending criminal charge that constitutes a disqualifying offense to determine the ultimate disposition or current status of the charge. (3) Upon filing the petition with the Secretary of State, the sponsor shall submit to the Secretary of State a: (A) Final list of the names and current residential addresses of each paid canvasser; and (B) Signature card for each paid canvasser. (b) (1) To verify that there are no disqualifying offenses on record, a sponsor shall obtain, at the sponsor's cost, from the Division of Arkansas State Police, a current state criminal history and criminal record search on every paid canvasser to be registered with the Secretary of State. (2) The criminal history and criminal record search required by this section shall be obtained within thirty (30) days before the date that the paid canvasser begins collecting signatures. (3) Upon submission of the sponsor's list of paid canvassers to the Secretary of State, the sponsor shall certify to the Secretary of State that each paid canvasser in the sponsor's employ has no disqualifying offenses in accordance with this section. (4) A willful violation of this section by a sponsor or paid canvasser constitutes a Class A misdemeanor. (5) The sponsor shall bear the ultimate burden of proving that a paid canvasser registered by the sponsor does not have a disqualifying offense in an administrative proceeding or judicial proceeding. (c) As used in this section, "paid canvasser" means a person who is paid or with whom there is an agreement to pay money or anything of value before or after a signature on an initiative or referendum petition is solicited in exchange for soliciting a signature on a petition. (d) Before obtaining a signature on an initiative or referendum petition as a paid canvasser, the prospective canvasser shall submit in person or by mail to the sponsor: (1) The full name and any assumed name of the person; (2) The current residence address of the person and the person's permanent domicile address if the person's permanent domicile address is different from the person's current residence address; (3) (A) A signed statement taken under oath or solemn affirmation stating that the person has not pleaded guilty or nolo contendere to or been found guilty of a disqualifying offense in any state of the United States, the District of Columbia, Puerto Rico, Guam, or any other United States protectorate. (B) As used in this section, "disqualifying offense" means: (i) A felony; (ii) A violation of the election laws; (iii) Fraud; (iv) Forgery; (v) Counterfeiting; (vi) Identity theft; (vii) A crime of violence, including assault, battery, or intimidation; (viii) Harassment; (ix) Terroristic threatening; (x) A sex offense, including sexual harassment; (xi) A violation of the drug and narcotics laws; (xii) Breaking and entering; (xiii) Trespass; (xiv) Destruction or damage of property; (xv) Vandalism; (xvi) Arson; or (xvii) A crime of theft, including robbery, burglary, and simple theft or larceny; (4) A signed statement that the person has read and understands the Arkansas law applicable to obtaining signatures on an initiative or referendum petition; and (5) A signed statement that the person has been provided a copy of the most recent edition of the Secretary of State's initiatives and referenda handbook by the sponsor. (e) A sponsor shall maintain the information required under this section for each paid canvasser for three (3) years after the general election. (f) Signatures incorrectly obtained or submitted under this section shall not be counted by the Secretary of State for any purpose. (g) (1) It is unlawful for a person to pay or offer to pay a person, or receive payment or agree to receive payment, on a basis related to the number of signatures obtained on a statewide initiative petition or statewide referendum petition. (2) This subsection does not prohibit compensation for circulating petitions but only compensation for obtaining signatures when the compensation or compensation level is impacted by or related to the number of signatures obtained. (3) A signature obtained in violation of this subsection is void and shall not be counted. (4) A violation under this subsection is a Class A misdemeanor.

Legislative History

Amended by Act 2021, No. 951,§ 7, eff. 4/27/2021. Amended by Act 2021, No. 951,§ 6, eff. 4/27/2021. Amended by Act 2021, No. 951,§ 5, eff. 4/27/2021. Amended by Act 2021, No. 951,§ 4, eff. 4/27/2021. Amended by Act 2021, No. 951,§ 3, eff. 4/27/2021. Amended by Act 2019, No. 376,§ 13, eff. 3/8/2019. Amended by Act 2017, No. 1104,§ 6, eff. 8/1/2017. Amended by Act 2015, No. 1219,§ 4, eff. 7/22/2015. Added by Act 2013, No. 1413,§ 21, eff. 4/22/2013.