Public comment on Arkansas ‘wet signature’ voting rule expected to start Friday

Chris Madison, director of the Arkansas State Board of Election Commissioners, prepares to start a meeting on June 12 in Little Rock. Former state Sen. Joyce Elliott and Lauren Cowles with the ACLU of Arkansas talk in the foreground. (Mary Hennigan/Arkansas Advocate)

The 30-day public comment period related to a rule requiring “wet signatures” on Arkansas voter registration forms is expected to start Friday, following action by the state Board of Election Commissioners Wednesday.

Commissioners offered minimal discussion before approving the proposed permanent rule, which mirrors an emergency rule the group and the state Legislature approved earlier this year . The rule would require Arkansans to physically touch pen to paper unless registration forms were completed at certain state agencies, such as the DMV.

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Director Chris Madison told reporters afterward that the goal of the rule is to ensure consistency among counties under Amendment 51 of the Arkansas Constitution. Wednesday’s approval marks another step toward promulgating the rule, which includes a public comment period.

Starting June 14 and extending through July 14, Arkansans can submit their comments to the commission either by mail at 501 Woodlane, Suite 112 South Little Rock, Arkansas 72201 or email at info.SBEC@arkansas.gov . A public hearing was also tentatively scheduled for July 11.

If this timeline is followed, a state legislative committee is expected to review the rule in August, Madison said.

“The whole process of adopting a rule is to allow the public comments,” Madison said. “…People out in the field, people that are doing this, are going to have different perspectives. They’re going to raise an issue that we may not think about.”

Madison said he expects to hear comments about electronic signatures done with a stylus.

“Well, let me ask you this: Have you signed with a stylus and does it look like your ink signature?” he said. “Not necessarily because sometimes people with a stylus will scribble versus [forming letters.]”

Electronic signatures complicate the process of verifying a voter’s signature when counting absentee ballots, Madison said. Others view the wet signature rule as a form of voter suppression.

Recent lawsuit

Get Loud Arkansas — a voter advocacy nonprofit championed by former state Sen. Joyce Elliott — filed a lawsuit last week that challenges the emergency rule that’s currently in effect and asks a judge to block its enforcement.

Elliott, the nonprofit’s attorney and a member of the American Civil Liberties Union of Arkansas sat front and center at the board meeting Wednesday.

“There is nothing we can say about the lawsuit at this point because it’s ongoing,” Elliott said. “Our reasoning for being here this morning is that we’ve made this commitment about protecting our fundamental right to vote.”

The lawsuit was filed in the U.S. District Court for the Western District of Arkansas against Secretary of State John Thurston, the Arkansas State Board of Election Commissioners and the county clerks of Benton, Pulaski and Washington counties.

Plaintiffs include Get Loud, Vote.org, and Nikki Pastor and Trinity “Blake” Loper — two Arkansans who had their voter registration forms rejected because of electronic signatures.

Arkansas lawmakers to examine new voter registration signature rule

On Wednesday, Elliott highlighted the importance of the public comment period and urged residents to participate whether that be through speaking their concerns or attending the hearing to understand the civil process.

Arkansas historically has one of the lowest voter turnouts in the nation. The mission of Get Loud Arkansas’ small staff is to educate more people about their voter rights and advocate for access.

Prior to the temporary rule, Get Loud was operating an online registration portal that was particularly popular among young people. The forms were printed out and physical copies were sent to the Secretary of State’s office, but officials later raised concerns about the process, which included electronic signatures.

Madison said the board is aware of the recent lawsuit and is working on getting lawyers lined up to file an answer defending the rule and the board’s authority.

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