Committee approves affidavit requiring canvassers to certify compliance with law

The House State Agencies and Governmental Affairs Committee on Thursday approved Senate Bill 211, a measure that would require a canvasser to submit a sworn affidavit to the Arkansas Secretary of State certifying that the canvasser complied with state laws and the constitution while collecting petition signatures.

Representative Ken Underwood, state representative for District 16, told the committee the bills he presented are intended “to safeguard the rights provided in our constitution, not to undermine the rights in the constitution.” He said SB 211 requires a canvasser to “swear under oath that they follow the laws while canvassing.”

The bill drew hours of questioning and public testimony. Supporters, including several community leaders who said they witnessed misleading or unattended petition gathering, told the committee that an extra sworn statement would deter deliberate misrepresentation. “If you have to sign a sworn statement stating that you didn’t commit fraud, I think that deters fraud,” Underwood said during the hearing.

Officials from the Arkansas Secretary of State’s office described the current administrative review process. Leslie Bellamy, director of elections for the Arkansas Secretary of State’s Office, said the office has 30 days by law to check any original petition submission and routinely hires temporary staff to help during heavy cycles. “We usually hire around 30 temps … this time we hired around 90 at the expectation of possibly having seven measures,” Bellamy told the committee. She said the office currently spots duplicate signatures and other defects through a program and supervisor review.

Nathan Lee, chief counsel for the Secretary of State’s Office, described how an affidavit could affect enforcement. “It speaks to the intent part of the — one reason that it can be hard to prosecute cases like this is because it’s really hard to prove intent,” Lee said. He testified the affidavit could put canvassers on notice and make intent easier to show for prosecutors.

Opponents — including volunteers and organizers who collect signatures for grassroots campaigns — said the affidavit would add another layer of paperwork and risk that a single disputed affidavit could nullify large numbers of otherwise-valid signatures. “If someone says you didn’t do what you were supposed to, all of these signatures may be thrown out,” said Melissa Fultz, who said she has sponsored and canvassed on ballot measures for 14 years. Multiple witnesses urged the committee to strengthen or clarify existing affidavits on the petition pages rather than add a separate post-submission sworn sheet.

Committee members also pressed staff and witnesses about practical effects: whether a canvasser who signs an affidavit in error could cure it (witnesses said sponsors have a 30‑day cure period to collect additional signatures), and whether the affidavit would change how and when legal referrals are made (witnesses said suspected fraud is referred to legal authorities but prosecutions on petition fraud have been uncommon).

Representative Underwood moved the committee to advance the bill. The committee approved SB 211 by voice vote; the chair announced “the ayes have it.” The transcript shows no roll-call tally for SB 211.

The committee hearing included broad testimony and detailed process questions; several members urged clarifying language on exactly what the affidavit must say and how the Secretary of State would implement rules.

Supporters say SB 211 creates an additional deterrent against canvasser misconduct and helps prosecutors assess intent. Opponents say the measure risks disenfranchising signers when disputes arise and that existing affidavits and verification steps should be clarified instead of adding a separate sworn statement.

The bill will move forward for consideration by the full House following committee action.