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Arkansas Bill 1790, now known as Act 1251, will not affect majority of notaries in Arkansas. Bill 1790 pertains to petition procedures for an option election. It clarifies the law and clearly states how a notary could violate the law in such a proceedi...

Arkansas Bill 1790/ Act 1251 Arkansas Bill 1790, now known as Act 1251, will not affect majority of notaries in Arkansas. Bill 1790 pertains to petition procedures for an option election. It clarifies the law and clearly states how a notary could violate the law in such a proceeding. Since, the Bill deals with a specific set of laws and procedures that the majority of notaries will not encounter, we encourage you to read the entire Bill 1790. This is an excerpt from the bill pertaining to notaries: 3-8-805. Signing of petition – Penalty for falsification – Notice of suspected forgery. (b) A person commits a Class A misdemeanor if the person, acting as a 18 canvasser, notary, sponsor, or agent of a sponsor knowingly: (1) Signs a name other than his or her own to a petition; (2) Prints a name, address, or birthdate other than his or her own on a petition unless the signer requires assistance due to disability and the person complies with this section; (3) Solicits or obtains a signature to a petition knowing that the person signing is not qualified to sign the petition; (4) Pays a person any form of compensation in exchange for signing a petition as a petitioner; (5) 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 canvasser’s name or address is not included on the sponsor’s list filed with the county clerk; or (6) As a sponsor, files a petition part with the official charged with verifying the signatures knowing that the petition part contains one (1) or more false or fraudulent signatures unless each false or fraudulent signature is clearly stricken by the sponsor before filing.   In laymen terms: the notary will have committed a misdemeanor if they sign someone else’s name to the petition, print someone else’s name, birthday or address to the petition (unless assisting because of a disability), solicits a signature knowing the person is not qualified to sign, pays for signatures, or accepts bribery of any form knowing the person acting as a sponsor is not a sponsor, or if they file the petition with the county knowing some of the signatures are false.   Section 3-8-808 also pertains to notaries. (c)(1) Petitions shall not be disqualified due to clerical or technical errors made by a clerk, notary, judge, or justice of the peace when verifying the canvasser’s signature. (2) Petitions shall not be disqualified for failure of a clerk, notary, judge, or justice of the peace to sign exactly as his or her name appears on his or her seal if the signature of a clerk, notary, judge, or justice of the peace is sufficient to verify his or her name.