AR Senate Bill 860 | NNA
Law

AR Senate Bill 860

Notary Law Update: AR Senate Bill 860

State: Arkansas

Summary:

Senate Bill 860 creates a misdemeanor penalty for failure of a Notary to witness the signing of a canvasser's affidavit and to identify the signer.

Signed:  April 08, 2015

Effective:  July 22, 2015

Chapter: Act No. 1219

Affects:

Amends Arkansas Code Section 7-9-103.

Changes:
  1. Makes it a Class A misdemeanor for a Notary to fail to witness the signing of a canvasser's affidavit in person and to fail to either personally know the signer or be presented with proof of identity of the signer.
Analysis:

To place an initiative to propose an act or amendment to the statutes on the ballot in Arkansas, the sponsoring group must follow certain procedures. A petition is created and must be signed by qualified electors. A person who collects signatures or circulates the petition or initiative is called a canvasser. A canvasser must be a U.S. citizen, be 18 years of age or older, and be approved to collect signatures by the campaign he or she represents. Senate Bill 860 adds a criminal penalty to the statute related to canvasser affidavits. The initiative will require the canvasser to sign and swear to certain facts. This signature must be notarized. A Notary who fails to witness the signing of a canvasser's affidavit in person and fails to either personally know the signer or be presented with proof of identity of the signer will now be guilty of a Class A misdemeanor. It should be noted that in enacting SB 860, the General Assembly removed the word "knowingly" from the statute, making any failure -- intentional or unintentional -- subject to the Class A misdemeanor.

Read the bill text.

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