§ 3-8-204 - Petition procedure.
3-8-204. Petition procedure.
(a) Every petition for a local option election shall be prepared in accordance with Initiated Act No. 1 of 1942, 3-8-201 -- 3-8-203 and 3-8-205 -- 3-8-209, and it shall be filed and the subsequent proceedings thereupon shall be had and conducted in the manner provided for county initiated measures by Arkansas Constitution, Amendment 7, and enabling acts pertaining thereto.
(b) Every petition for a local option election under Initiated Act No. 1 of 1942, 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209, shall be prepared substantially in the form provided for initiative petitions in 7-9-104, except that the petitions shall be directed to the county clerk instead of to the Secretary of State.
(c) All petitions shall have attached thereto the form of verification and shall be signed by the person circulating the petitions in the same form or manner as is provided in 7-9-109.
(d) In all other respects, the petitions shall be circulated and sufficiency thereof shall be determined, and may be reviewed in the same manner and procedure, insofar as are applicable thereto, as provided in Acts 1935, No. 4 [repealed], for initiated county measures.
(e) Any person who is a qualified elector of the State of Arkansas and who is a resident and registered voter of the county, municipality, ward, precinct, or other defined area in which a local option election is being requested by petitions under Initiated Act No. 1 of 1942, 3-8-201 -- 3-8-203 and 3-8-205 -- 3-8-209, may sign the local option petition in his or her own proper handwriting and not otherwise.
(f) A person shall be guilty of a Class A misdemeanor if that person:
(1) Signs any name other than his or her own to any petition;
(2) Knowingly signs his or her name more than once to any petition;
(3) Knowingly signs a petition when he or she is not legally entitled to sign a petition;
(4) Knowingly and falsely misrepresents the purpose and effect of the petition for the purpose of causing anyone to sign the petition.
(5) Acting in the capacity of canvasser, knowingly makes a false statement on a petition verification form; or
(6) Acting in the capacity of a notary, knowingly fails to witness a canvasser's affidavit either by witnessing the signing of the instrument and personally knowing the signer or being presented with proof of identity of the signer.
(g) (1) The provisions of this section are intended to be supplemental to Initiated Act No. 1 of 1942, 3-8-201 -- 3-8-203 and 3-8-205 -- 3-8-209, and to establish reasonable and necessary provisions for providing safeguards in the form of petitions and the circulation thereof and to prohibit unauthorized persons from signing the petitions.
(2) Therefore, the provisions of this section shall be deemed to repeal only such parts of the Initiated Act No. 1 of 1942, 3-8-201 - 3-8-203 and 3-8-205 - 3-8-209 as may be specifically inconsistent herewith.