State Board of Election Commissioners Jamie Clemmer and Bilenda Harris-Ritter during a meeting on July 15, 2024, to consider a permanent rule requiring “wet signatures” on Arkansas voter registration forms except at select state agencies. (Mary Hennigan/Arkansas Advocate)
ARKANSAS ADVOCATE: A permanent rule requiring “wet signatures” on Arkansas voter registration forms except at select state agencies was approved by the State Board of Election Commissioners Monday morning.
Following the rule’s approval, which had no voiced dissent, the board also voted to submit it to the Arkansas Legislative Council’s rule committee for consideration at its August meeting. If approved, the rule prohibiting electronic signatures would take effect Sept. 1. An emergency rule is already in place but has been challenged in court.
Chris Madison, director of the board, briefed commissioners on comments the agency received related to the rule prior to their vote. He said 200 online comments were received during a 30-day period, and 16 people spoke against the rule during a public hearing last week.
Madison described the concerns from those in opposition as categories: “in favor of online voter registration systems, wet signatures outdated, e-signatures allowed by law, low voter registration, turnout rates, access to voter registration, access to printing facilities, conduction for officials and the generally that the rule is disenfranchising voters.”
The public comment period ended Sunday at midnight, and Madison said he prepared and sent a table of all the responses for commissioners the same day. He also sent an updated version shortly before Mondays meeting, which started at 10 a.m.
The board also approved a memo prepared by Madison that provided responses to opponents’ concerns.
Commissioner Belinda Harris-Ritter swiftly moved to approve the proposed rule as previously written after reading from Amendment 51 of the Arkansas Constitution, which addresses voter registration. She said the state constitution barred the body from allowing electronic signatures or online registration.
“I think that the constitution if people want to change it, they can do that at the legislature,” Harris-Ritter said.
After adjournment, Madison said the State Board of Election Commissioners does not have the authority to allow online voter registration methods.
“If you look at the structure of Amendment 51, I think the board’s position is you have to have expressed legislature authority to say, ‘Go forth and do this,'” Madison said. “And currently, that’s not there.”
Madison said the rule maintains the status quo and prioritizes consistency among what documents county clerks are permitted to accept. Written comments in support of the rule also cited higher security.
Commissioners did not discuss any of the public comments the agency received before taking a vote. Of the submitted comments, approximately 185 were against the permanent rule, according to the table Madison prepared. Eight were in support.
During public comment last week, several people spoke passionately about the negative impact the permanent rule will have, specifically on rural and minority communities where access to in-person voter registration services may be limited by transportation and ability.
Speakers also frequently referenced Arkansas’ voter turnout, which is the lowest in the nation.
Johanna Rahman, who last week said she believed elected officials have not listened to the people’s voice, was again present Monday.
“It’s clear that the decision that was made had been made well before the public meeting ever happened,” Rahman said after Monday’s vote. “ It’s frustrating that no matter how many of us gather, how many of us voice our concerns, they’re ignored time and time again.”
Rahman said the approval of the permanent rule would not derail her position in advocating for better voter access.
“It’s not the end,” Rahman said. “I imagine everybody who’s here will be at those other meetings. Once again, we’re here. We’re awake. We see them. We’re not going anywhere.”
As for changes to the constitution through the Legislature, Rahman said it’s difficult to do so when “districts are gerrymandered, voters are kept from getting registered in the first place and the goal posts are constantly shifting.”
A handful of other residents were in attendance for the permanent rule. Rahman said the current political climate has heightened her civic engagement and she is one of several “angry people whose voices have been just denied over and over again.”
An emergency rule temporarily prohibiting electronic signatures went into effect in May, stopped Get Loud Arkansas, a voter advocacy nonprofit run by former state Sen. Joyce Elliott, from providing a popular online tool for voter registration.
Get Loud staff helped more than 500 people become registered voters in Arkansas in the few short months before the tool was removed.
In June, Get Loud challenged the emergency rule in a lawsuit against Secretary of State John Thurston, the Arkansas State Board of Election Commissioners and the county clerks of Benton, Pulaski and Washington counties.
Elliott, who is currently experiencing health issues, is a prominent proponent for voter access and has referred to the rule as voter suppression. While she is unable to be present at recent meetings, Get Loud has consistently brought a voice against the rule.
On Monday, Madison told commissioners the attorney general’s office declined the state agency representation in the case and officials have been going through the process of retaining outside counsel.
According to a letter from Attorney General Tim Griffin’s office dated June 12, representation was denied because the State Board of Election Commissioners’ request fell under an exception of the office’s requirement to provide counsel for all state officials.
“One such exception arises when this office has previously and authoritatively taken a legal position, and maintaining consistency with that position might reasonably restrict the scope of legal advocacy that the office could provide,” the letter stated.
To read this story, as well as more news coverage from Arkansas Advocate, click here.
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