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State board approves rule barring use of electronic signatures on voter registration forms, sends it to legislative subcommittee | Arkansas Democrat Gazette

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State board approves rule barring use of electronic signatures on voter registration forms, sends it to legislative subcommittee | Arkansas Democrat Gazette


The State Board of Election Commissioners approved a rule Monday that bars election officials from accepting voter registration forms signed with an electronic signature.

The rule was approved without any audible opposition from the seven-member board and will next go before the Arkansas Legislative Council’s Administrative Rules subcommittee Aug. 22.

Under the rule, voters would have to sign registration forms with a pen, also known as a “wet signature.”

Opponents of the measure have criticized it as undemocratic, arguing it would hinder Arkansans’ ability to vote. In June, nonprofit organization Get Loud Arkansas filed a lawsuit against the state in federal court, saying the ban on electronic signatures on voter registration forms violates portions of the Civil Rights Act of 1964. The organization filed an injunction Thursday in the case seeking to bar the election officials from enforcing an emergency version of the rule that is already in place and is set to expire Sept. 1.

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Chris Madison, director of the State Board of Election Commissioners, has said the rule is meant to provide clarity to Arkansas’ 75 county clerks to help them to follow a single policy. In previous elections, some county clerks have accepted electronically signed voter registration applications while others have not, he said. According to Madison, Amendment 51 of the Constitution, which established the state’s voter registration system, allows only certain state agencies — the Office of Driver Services and public assistance and state-funded disability programs — to accept electronic signatures.

Monday’s vote follows a 30-day public comment period that began June 14 and ended Sunday. The board was required to receive public comment as part of the process to make permanent an emergency version of the rule, which was approved by lawmakers in early May.

In a packed conference room during Thursday’s public hearing, the 16 speakers who commented on the proposed voter rule all spoke against the measure. The state Board of Election Commissioners said in a memo dated Monday to Arkansas Secretary of State John Thurston that the body received more than 200 written comments on the measure, although an accompanying table summarizing the feedback lists only 194 comments. Of those, 186 were against the rule, while eight wrote in its favor.

The memo includes responses to several recurring arguments made in the comments, which were separated into five categories: in favor of online-voter registration systems; wet signature is outdated; e-signature is allowed by law; low voter registration and turn-out rates; and “other.” The last category includes access to voter registration for voters with disabilities; access to printing facilities or postal services; confusion for officials; and that the rule is disenfranchising voters.

Many commenters who expressed favor of online-voter registration systems said that 42 other states permit online registration.

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Members of the public who said electronic signatures are allowed by law also argued that, if electronic signatures are allowed on important individual transactions — such as taxes and contracts — they should be permissible when registering to vote. The board said in its response that the secretary of state’s office does not have the authority to create an online registration system and that, while bills proposed during the 2021 and 2023 legislative sessions would have given the authority to do so, both failed before they could become law.

With regard to opponents’ claims the rule would disenfranchise voters, the board reiterated its statement that current law doesn’t allow for the creation of an online voter registration process, and “a third-party organization operating outside the governmental system cannot circumvent the law to create its own online voter registration system.”

INJUNCTION MOTION

Get Loud Arkansas, along with other plaintiffs in a lawsuit against Secretary of State John Thurston and members of the State Board of Election Commissioners, filed a motion for a preliminary injunction Thursday to prevent the defendants from enforcing the emergency rule requiring wet signatures. The group also seeks to block the state from enforcing “any requirement” that similarly demands voter registration applications be signed with a wet signature. As in their initial complaint, plaintiffs state the requirement violates portions of the Civil Rights Act.

In addition to Get Loud Arkansas, plaintiffs include Vote.org, a group seeking to increase voter registration nationwide, and two Arkansans who had their registration rejected under the emergency rule scrutinizing signatures: Nikki Pastor and Blake Loper.

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A 34-page brief filed in support of the injunction makes four primary arguments against the wet signature requirement. The brief states the Civil Rights Act of 1964 “prohibits state officials from rejecting voter registration applications for errors that are immaterial in determining a person’s qualifications to vote,” that “plaintiffs are likely to succeed on their claim that the wet signature rule violates the materiality provision of the Civil Rights Act, that “(a)bsent relief, Plaintiffs will face continued and ongoing irreparable harm because of the wet signature rule” and that “the remaining equitable factors strongly favor granting a preliminary injunction.”

The emergency rule came after Get Loud Arkansas helped register voters with electronic signatures. Volunteers with the group created an online tool that allows Arkansans to fill out a voter registration application online and sign electronically, according to the complaint filed in the lawsuit. The volunteers would then print the finished forms with the registrant’s permission and submit them to county clerks.

In a letter sent to county clerks in February, however, Secretary of State John Thurston advised against the use of electronic signatures, saying, “I strongly recommend that counties do not accept voter registration applications executed by electronic signature.” The lawsuit alleges that Thurston’s letter came in direct response to a Feb. 26 Arkansas Times article about the success of the group’s voter registration drive.

The lawsuit is ongoing.

Speaking after Monday’s board meeting, Madison defended the emergency rule and the proposed permanent version, citing its use in confirming the identity of a purported voter. He cited a case in south Arkansas in which a man forged roughly 140 absentee ballot applications, voter registration forms and other statements for the 2022 primary election.

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“When he got caught, it was the signatures,” Madison said.



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Sam Pittman breaks down Arkansas' biggest transfer portal needs

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Sam Pittman breaks down Arkansas' biggest transfer portal needs


With the transfer portal in full swing, Arkansas coach Sam Pittman addressed some of the biggest areas of need for his team. The Razorbacks are coming off of a 6-6 finish in the fifth year under Pittman and looking to boost their roster for another run in 2025.

Speaking with media, Pittman highlighted both the offensive and defensive line as the areas where Arkansas needs to be most aggressive in the portal. He also cited the linebacker group as a the position that the team feels best about, saying the Razorbacks will look to improve its defensive backs room first.

“Offensive line would be one (area of need),” the coach said. “Defensive line would be one. We felt like we were pretty good at the linebacker spots. If you go back and look a couple of years ago, the world was falling because this linebacker (left), that linebacker (left).

“I think we all agreed out linebacker room was a strength for us this year. But that would be probably the least worried about (position). We need some safeties. We need some corners. But I think O-line and tight end’s a big deal. Wide receivers. We’ve got several spots to fill, but off the top of my head, that’s who it would be.”

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Since Pittman’s comments, Arkansas has been active in the transfer portal to bring in 13 players. Unfortunately, they’ve also lost 26 more and rank just No. 59 out of 70 teams in On3’s Transfer Portal Team Rankings.

Staying true to to his word, Pittman has brought in four offensive linemen and a pair of defensive lineman through the portal. Former Georgia Tech offensive tackle Corey Robinson II is the highest rated of those additions, coming in as the No. 32 overall player and No. 5 player at his position according to On3’s Transfer Portal Player Rankings.

Arkansas also brought in former Charlotte receiver O’Mega Blake and former Cincinnati cornerback Jordan Young to give it three players ranked in the top 150.

The Razorbacks still have a long way to go to complete their portal class, likely hoping to add some more defensive linemen before it closes later this month. They are looking to make the next push in the SEC next season and the players they’ve gotten so far are a good start.



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Part of Arkansas book ban law is unconstitutional, federal judge rules

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Part of Arkansas book ban law is unconstitutional, federal judge rules


A federal judge ruled on Monday that sections of an Arkansas law, which sought to impose criminal penalties on librarians and booksellers for distributing “harmful” material to children, were unconstitutional.

The law, known as the Arkansas Act 372, was signed into law last year by Republican governor Sarah Huckabee Sanders. It was challenged by a coalition of organizations in the state, leading to a lengthy legal battle that concluded this week.

Two sections of Act 372 subjected librarians and booksellers to jail time for distributing material that is deemed “harmful to children”. Proponents of the law, including Sanders, said the law was put in place to “protect children” from “obscene” material.

“Act 372 is just common sense: schools and libraries shouldn’t put obscene material in front of our kids,” Sanders said in a statement to KATV-TV. “I will work with Attorney General Griffin to appeal this ruling and uphold Arkansas law.”

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The governor signed the bill into law in March 2023, and a coalition of organizations in the state, including the Central Arkansas Library System in Little Rock and the ACLU of Arkansas, challenged it last year, saying the law was vague, overly broad and that the fear of criminal penalties would have a chilling effect on librarians across the state. A federal court temporarily blocked the enforcement of the two sections in question, while the law was being challenged in court.

The two sections that were struck down on Monday had established a criminal misdemeanor for “furnishing a harmful item to a minor”, and would have required local governments to create oversight boards to review challenged material. The organizations opposing the law argued that local officials, at their own discretion, could censor whichever books and material they pleased.

“This is a significant milestone on a long, sometimes rocky road we were obligated to travel after the passage of Act 372,” said Nate Coulter, executive director of the Central Arkansas Library System, in response to Monday’s ruling.

“We took that path to protect our librarians from prosecution for doing their jobs and to prevent some local elected officials from censoring library books they did not feel were ‘appropriate’ for our patrons to read.”

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In 2004, a federal judge struck down a similar law. The year prior, the state passed a law that required booksellers and librarians to hide materials deemed “harmful to minors”. It was deemed unconstitutional after legal challenges.



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Awash in Christmas’ glow | Arkansas Democrat Gazette

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Awash in Christmas’ glow | Arkansas Democrat Gazette


Editor’s note: This is a revised and updated version of a column first appearing Christmas Eve 2015.

On a Saturday morning that spring, I sat alone, having breakfast at Leo’s in Hillcrest. A text came in from Gwen Moritz, then editor of Arkansas Business and regular estate-scale scavenger.

She said she was at that moment looking quite possibly at the very item I’d written longingly about in a Christmas column.

She was at an estate sale at a house maybe five blocks away. I hurried over and went upstairs.

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Indeed, she’d found it, or, more precisely, one very much like it.

There was a brief discussion of estate-sale strategy. You could take a chance that the item wouldn’t sell, in which case you could get it for less on Sunday afternoon.

I took no chance. Full price. Right now. Into my Jeep. Then into the attic, until it was time.

And now it is time.

If all goes according to recent tradition this evening, at or about midnight, I will sit in a comfortable chair next to a deeply warming splash of Jameson whiskey.

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I will turn off all lamps, overhead lights, smartphones, laptops and television sets. I will gather the beagles Roscoe and Sophie at my feet. Shalah will be nearby, pleased to behold my rare serenity.

In the darkness, I will gaze upon, and lose myself in, the vintage 6-foot aluminum Christmas tree, circa ’65, in the corner, a wonder of glorious nostalgia and tackiness.

I will watch the slow-circling color wheel transform the shiny tinfoil of the tree to a calm deep blue and then a peaceful yellow and then a shining green and then an understated red, and back around.

I will listen for the brief grinding sound each time the wheel reintroduces blue.

I will escape to childhood, to life at 10 to 12 in that flat-topped, four-room house at the end of a graveled lane in southwest Little Rock. I will recall a tree like this one, and a permanently creaking color wheel a little bigger and better than this modern online discovery.

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I will be returned to that hardwood floor of the mid-1960s, flat on my stomach, eyes fixed, deep in my happy certainly that this exotic aluminum tree–framed by a picture window outlined in blinking lights–was surely the most magnificent among all monuments of the season.

I will remember the happiness and safety of those 1960s Christmases–of, in fact, an entire childhood.

I will be thankful for the hardworking low-income parents who provided that happy and safe childhood, and the little fundamentalist church that nurtured it, and the public school that educated it, and the community that encouraged it, and the backyard that was a field of dreams–a baseball park, a football stadium, a basketball arena, a golf course.

It was there I threw and caught the passes, even punted high and ran to make the fair catch.

It was there I provided the roar of the crowd and the play-by-play announcing and color commentary.

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I concocted a baseball card for myself, one with impressive statistics and a brief biography that included the nickname: “Fly Ball Brummett.”

My dad told me that you don’t want to hit fly balls, boy, because they get caught for outs. And I explained that fly balls sent airborne by “Fly Ball Brummett” arced like gentle bombs to distant places no outfielder could reach.

He said I was talking about line drives. I said these soar higher than that.

We’d argue that way, and more seriously, for a few more years, and then each of us would realize that the other was smarter than we had thought. Then we got along fairly well.

Cigarettes took him much too young, younger by seven years than I am now. My mom gave me his cufflinks and tie clasp that first Christmas without him. I fled the room teary, much as he’d fled the room that Sunday afternoon years before when I coaxed enough Okinawa memories out of him that he mentioned “Sarge.”

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After a half-hour of Jameson sips and color-wheel hypnosis, I will head to bed. And I will think about Mom, gone now three years, after four years in a nursing home for what they call “cognitive decline.” I will wonder if she remembered at the end, if but for a fleeting moment, that aluminum tree and color wheel of our cozy, happy little home.

It’s more likely that she remembered instead in those last years the very thing I’d spent those moments remembering–the safety and happiness of childhood, her own, which is where she spent her final days.

There are far worse places to be.


John Brummett, whose column appears regularly in the Arkansas Democrat-Gazette, is a member of the Arkansas Writers’ Hall of Fame. Email him at jbrummett@arkansasonline.com. Read his @johnbrummett feed on X, formerly Twitter.

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