§ 7-9-602 — Hiring of paid petition blockers - Definitions

(a) As used in this section: (1) "Disqualifying offense" means: (A) A felony; (B) A violation of the election laws; (C) Fraud; (D) Forgery; (E) Counterfeiting; (F) Identity theft; (G) A crime of violence, including assault, battery, or intimidation; (H) Harassment; (I) Terroristic threatening; (J) A sex offense, including sexual harassment; (K) A violation of the drug and narcotics laws; (L) Breaking and entering; (M) Trespassing; (N) Destruction or damage of property; (O) Vandalism; (P) Arson; or (Q) A crime of theft, including robbery, burglary, and simple theft or larceny; (2) "Paid petition blocker" means a person who is paid or with whom there is an agreement to pay money or anything of value in exchange for interfering with a paid canvasser's attempt to solicit or obtain a signature on a petition or a paid canvasser's solicitation of a signature on a petition; and (3) "Petition-blocking sponsor" means a person, entity, or person affiliated with an entity, who pays or who makes an agreement to pay money or anything of value in exchange for interfering with a paid canvasser's attempt to solicit or obtain a signature on a petition or a paid canvasser's solicitation of a signature on a petition. (b) A petition-blocking sponsor shall: (1) Provide a complete list of all paid petition blockers' names and current residential addresses to the Secretary of State; and (2) Update the list provided under subdivision (b)(1) of this section if additional paid petition blockers are hired. (c) (1) Upon submission of the petition-blocking sponsor's list of paid petition blockers to the Secretary of State, the petition-blocking sponsor shall certify to the Secretary of State that each paid petition blocker in the petition-blocking sponsor's employ has no disqualifying offenses in accordance with this section. (2) To verify that there are no disqualifying offenses on record for a paid petition blocker, a petition-blocking sponsor shall obtain, at the petition-blocking sponsor's cost, from the Division of Arkansas State Police, a current state criminal history and criminal record search on every paid petition blocker to be registered with the Secretary of State. (3) The criminal history and criminal record search required by this section shall be obtained within thirty (30) days before the date that the paid petition blocker begins interfering with the collection of signatures. (d) Before acting as a paid petition blocker, the prospective paid petition blocker shall: (1) Be a: (A) Citizen of the United States; and (B) Resident of this state; and (2) Submit in person or by mail to the petition-blocking sponsor: (A) The full name and any assumed name of the prospective paid petition blocker; (B) The current residence address of the prospective paid petition blocker and the prospective paid petition blocker's permanent domicile address if the prospective paid petition blocker's permanent domicile address is different from the prospective paid petition blocker's current residence address; and (C) A signed statement taken under oath or solemn affirmation stating that the prospective paid petition blocker 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. (e) A petition-blocking sponsor shall maintain the information required under this section for each paid petition blocker for three (3) years after the general election. (f) Upon conviction, a person commits a Class A misdemeanor if the petition-blocking sponsor or paid petition blocker knowingly violates this section.

Legislative History

Added by Act 2023, No. 766,§ 2, eff. 8/1/2023.