AG OPINIONS
counted if before the petition’s submission the signatory (a) died; (b) moved to a loca- tion where the initiative or petition would not be on the ballot; (c) registered to vote in a location where the initiative or petition would not be on the ballot; (d) was con- victed of a felony; (e) was adjudged mentally incompetent; or (f) was otherwise subject to a cancellation of his voter registration?
Te Clark County Clerk was correct in her conclusion that a petition signature should be counted if the person signing the petition was a legal voter at the time he or she signed the petition, regardless of whether the person sub- sequently died, moved, or had his or her voter registration canceled for another reason.” Te Attorney General stated that the signa-
ture should be counted when the petition is duly submitted, regardless of whether any of the contingencies set forth in your question occurred following his or her signing of the petition. It is, therefore, clear from the Consti-
“Since the petition drive relates solely to a county initiative or referendum, the county clerk is indeed the appropriate party to make the initial determination regarding the sufficiency of the petition.”
tution and the statutes that a person has to be a registered voter at the time he or she signs the petition and a person is not registered until the county clerk receives and acknowledges his or her voter registration application. As per Attorney General Opinion No. 92- 342: to be eligible to vote in Arkansas, one must be at least 18 years old, a U.S. citizen, registered pursuant to Amendment 51, not a convicted felon who has neither been pardoned nor dis-
charged of his sentence, and not an “idiot or insane person” under Ark. Const. Art. 3, § 5. Since the petition drive referenced in your re- quest relates solely to a county initiative or ref- erendum, the county clerk is indeed the appro- priate party to make the initial determination regarding the sufficiency of the petition. Accord Ark. Op. Att’y Gen. No. 98-245.
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