Proposed Arkansas voter registration rule blocks access, opponents say

Toney Orr, chairman of the board for Get Loud Arkansas, speaks against a permanent rule to prohibit electronic signatures on Arkansas voter registration forms except at select state agencies on July 11, 2024. (Mary Hennigan/Arkansas Advocate)

Opponents to a rule requiring “wet signatures” on Arkansas voter registration forms crowded into a public hearing room Thursday to voice concerns about barriers to voting they say would result from the rule’s adoption.

“Make no mistake about it, this rule makes it harder for Arkansans to vote,” said Toney Orr, chairman of the board for Get Loud Arkansas , a voter advocacy group that provided residents with an online tool to complete registration forms until an emergency rule prohibiting electronic signatures took effect in May .

Other speakers at the Thursday’s State Board of Election Commissioners hearing said the permanent rule would increase inefficiency in registering voters, present difficulties with residents with disabilities and pose roadblocks for people living in rural and minority communities. The rule also ignores technological advances, they said.

The rule would prohibit electronic signatures from voter registration forms unless completed at select state agencies, such as Division of Motor Vehicles offices. Chris Madison, director of the state board and Thursday’s hearing officer, previously said the rule would create consistency across all county clerk offices. Before the board adopted the emergency rule rejecting “wet signatures,” some clerks accepted electronic signatures while others rejected them. The rule will also be critical when verifying signatures to absentee ballots, he said. Madison did not expound on the rule Thursday.

The hearing nearly rounds out the public comment period of the rule promulgation process, and online comments can be submitted to info.SBEC@arkansas.gov through Sunday. The state Board of Election Commissioners will meet Monday morning to discuss feedback, have the opportunity to amend the rule and vote whether it should advance to the Arkansas Legislative Council’s rules committee.

“We always come into these rooms with good faith, good faith arguments, lots of respect and polite interactions. But it’s time to take the kid gloves off because it’s clear that your side is always operating in bad faith. … We’re here. We, too, fear for our democracy. We’re not going anywhere.”

– Johanna Rahman, opponent to voter registration rule

‘Suppress the vote’

Opposition heard Thursday adds to about 50 online comments that have been submitted over the last month, Madison said.

Orr told Madison that Get Loud Arkansas’ electronic tool proved popular among residents, especially young people. In the few months it was available, the group registered more than 500 people.

“You could have chosen to adopt a rule that made it easier for people to register to vote,” Orr said. “Instead, you have chosen to make it difficult. You have chosen to suppress the vote of the people who have historically had difficulties voting in this state, and you have done so in a state that has the lowest voter turnout in this country.”

Former state Sen. Joyce Elliott, the founder of Get Loud, was not present Thursday due to ongoing health issues . In June, Get Loud filed a lawsuit that challenges the emergency rule that’s currently in effect and asks a judge to block its enforcement.

Arkansas ranks last in the nation for voter participation, according to a study from the National Conference on Citizenship . Arkansas is also one of eight states that do not allow electronic voter registration. Thursday’s speakers frequently cited these statistics as a call for officials to make the registration process easier.

Some speakers also said they were speaking on behalf of a larger group of people who were not present.

Johanna Rahman, a physician, said she prepared remarks to share during the hearing, but would submit those and speak freely instead because “what I’ve seen time and time again is that logic and reason just are not very effective in these rooms.”

Rahman said she was part of a larger group of angry, young people who believe their elected officials aren’t listening to the people’s voice. She said it’s “absurd” that while technology is on the cusp of generative artificial intelligence, people in Arkansas are spending time discussing wet ink on paper.

She also said Republican elected officials were being hypocritical to pass up a cost-saving measure like electronic voter registration when they would typically support the opportunity to save money.

“We always come into these rooms with good faith, good faith arguments, lots of respect and polite interactions,” Rahman said. “But it’s time to take the kid gloves off because it’s clear that your side is always operating in bad faith. … We’re here. We, too, fear for our democracy. We’re not going anywhere.”

Rural and minority communities

Several speakers made arguments that requiring pen to hit paper on voter registration forms would create additional hurdles for people who live in rural areas and those in communities of color that are adversely affected by systemic inequalities.

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“I don’t understand why we make it so hard for people, why we’re trying to make our rights as citizens harder to get to,” said Rodney Govens. “Voting is an American right; it shouldn’t be hard.”

Govens, who is vying to represent Arkansas’ First Congressional District, noted other instances where his identity was confirmed online so he could complete tasks: a photo of himself and his ID for his bank; using a webcam during a college exam.

“We can do all sorts of things security wise, so that’s an excuse that doesn’t fly with me,” he said. “I don’t understand why we keep targeting these communities that are already being targeted. I’m part of a community that feels targeted day in and day out, and I’m tired of it.”

Transportation is also a hurdle speakers identified on Thursday. Some residents in rural communities live some 30 miles away from a location where they can submit a voter registration form. While some people may struggle to pay for gas, others may not have personal transportation and their town may lack public options.

Jacob Fluharty expounded on the barriers that already exist for people in rural communities and the way they would worsen under the permanent rule prohibiting electronic signatures.

“[Minority communities in rural areas] already face systemic barriers to accessing essential services, and this rule only exacerbates these challenges, further disenfranchising them,” Fluharty said. “The state constitution … states that elections shall be free and equal. This proposed rule violates the spirit of our constitution by imposing additional burdens on certain groups of voters.”

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Among communities that speakers said would fare worse under the rule were people with disabilities.

Christian Adcock, a voting rights specialist with Disability Rights Arkansas , noted several ways the rule would complicate registration for the community, including those with mobility impairments that can’t travel to access paper forms.

Electronic registration forms would make it easier for blind and low-vision residents who could then use assistive technology to read the page, Adcock said. Signature matching is also difficult for people with acquired disabilities; someone’s current signature may not match theirs from four years ago.

“By removing these tools for them, you’re removing their ability to participate in their communities and get the things they need from their elected officials,” he said.

After the hearing concluded, Get Loud’s Orr said he hopes the speakers’ comments will have some sway on the Board of Election Commissioners decision about the permanent rule. If the body chooses not to amend the rule Monday morning, it is expected to go before the legislature’s rule committee in August.

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