Ark. Code Ann. § 5-55-601 (2026)
Petition fraud
- As used in this section, “petition” means a petition under § 3-8-201 et seq., § 3-8-801 et seq., or § 7-9-101 et seq.
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A person commits the offense of petition fraud:
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If the person knowingly:
- Signs a name other than his or her name to a petition;
- Signs his or her name more than one (1) time to a petition; or
- Signs a petition when he or she is not legally entitled to sign the petition;
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If the person acting as a canvasser, notary, sponsor as defined under § 7-9-101, or agent of a sponsor:
- Signs a name other than his or her own to a petition;
- Prints a name, address, or birth date other than his or her own to a petition unless the signor requires assistance due to disability and the person complies with § 7-9-103;
- Solicits or obtains a signature to a petition knowing that the person signing is not qualified to sign the petition;
- Knowingly pays a person any form of compensation in exchange for signing a petition as a petitioner;
- Accepts or pays money or anything of value for obtaining signatures on a petition when the person acting as a canvasser, sponsor, or agent of a sponsor knows that the person acting as a canvasser's name or address is not included on the sponsor's list filed with the Secretary of State under § 7-9-601; or
- Knowingly misrepresents the purpose and effect of the petition or the measure affected for the purpose of causing a person to sign a petition;
- If the person acting as a canvasser knowingly makes a false statement on a petition verification form;
- If the person acting as a notary knowingly fails to witness a canvasser's affidavit by witnessing the signing of the instrument in person and either personally knowing the signor or by being presented with proof of the identity of the signer; or
- If the person acting as a sponsor files a petition or a part of a petition with the official charged with verifying the signatures knowing that the petition or part of the petition contains one (1) or more false or fraudulent signatures unless each false or fraudulent signature is clearly stricken by the sponsor before filing.
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If the person knowingly:
- Petition fraud is a Class D felony.
History. Acts 2013, No. 1432, § 9; 2019, No. 376, § 1.
Amendments. The 2019 amendment substituted “Class D felony” for “Class A misdemeanor” in (c).
Case Notes
Effective Date of 2019 Amendment.
Emergency clause of Acts 2019, No. 376 was defective where the stated basis was “to avoid confusion in petition circulation”; Act 376 added additional requirements for getting a referendum on the election ballot, and the prospect of affording those who seek to file a ballot petition additional notice of new requirements for that petition, especially when the people would not be voting on any such initiatives or referenda for at least another 15 months, did not amount to an emergency under Ark. Const., Art. 5, § 1. Safe Surgery Ark. v. Thurston, 2019 Ark. 403, 591 S.W.3d 293 (2019) (sub. op.).
As the emergency clause of Acts 2019, No. 376 was ineffective and Act 376’s new requirements were not in effect at the time petitioner filed its proposed referendum and supporting signatures, mandamus was granted directing the Secretary of State to address petitioner's referendum filings (seeking a referendum on Acts 2019, No. 579) under the pre-Act 376 legal framework for initiatives and referenda. Safe Surgery Ark. v. Thurston, 2019 Ark. 403, 591 S.W.3d 293 (2019) (sub. op.).