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Arkansas panel again rejects investigative powers for Secretary of State over initiative petitions

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arkansasadvocate.com – Tess Vrbin – 2025-02-27 18:03:00

Arkansas panel again rejects investigative powers for Secretary of State over initiative petitions

by Tess Vrbin, Arkansas Advocate
February 27, 2025

An Arkansas Senate committee again rejected a proposal to create an enforcement agency within the secretary of state’s office that could investigate the validity of submitted documents related to elections and ballot initiatives.

Senate Bill 212 previously failed in the Senate Committee on State Agencies and Governmental Affairs on Feb. 11. Bill sponsor Sen. Kim Hammer, R-Benton, amended the bill and presented it to the committee again Thursday.

Hammer announced in January that he will run next year for Secretary of State, the office that oversees elections. 

The proposed “Document Validity Division” in SB 212 would have the power to “investigate documents and activities related to the validity and truthfulness” of petitions signed by registered voters in support of proposed ballot measures.

“A document determined by the division to contain fraud or falsity by a preponderance of the evidence shall be declared null and void for any legal purpose overseen by the Secretary of State,” the bill states.

The division would have subpoena power, and an amendment Hammer added to the bill this week would allow the agency to seek a court order to enforce a subpoena if the recipient fails to comply.

Hammer told the committee that allowing the secretary of state’s office to collect evidence and build a case against alleged petition fraud would relieve law enforcement officers and prosecuting attorneys of their investigatory responsibilities in these cases.

“[Secretary of State employees] are the ones who are involved in the election integrity process,” Hammer said. “…We’re not turning them loose. We’re giving them the ability to investigate.”

Despite the use of the term “law enforcement” in the bill, Secretary of State employees would not be certified law enforcement officers and therefore would not be required to adhere to the state’s official law enforcement standards, said Nathan Lee, deputy secretary of state and the office’s chief legal counsel.

Hammer is sponsoring several other bills that would alter Arkansas’ ballot initiative petition process and has said the legislation would deter fraudulent behavior.

Opponents of the bills have called them a threat to the public’s right to change laws and the state Constitution. Arkansas is one of 24 states that allows direct democracy, according to the National Conference of State Legislatures.

SB 212 again failed to garner five votes from the eight-member committee. Sen. Clarke Tucker of Little Rock, the committee’s only Democrat, continued to oppose the bill, as did committee vice chair Sen. John Payton, R-Wilburn.

“I believe in a rigorous investigation of any wrongdoing when it comes to this petitioning process,” Payton said. “I believe it should be prosecuted and it should be investigated, but I also believe that our [nation’s] founders were very concerned with separation of powers… I believe that giving every agency police powers is a violation of the principle that we would have separation of powers.”

Sen. Dan Sullivan, R-Jonesboro, voted for SB 212 on Feb. 11 but joined Payton and Tucker in voting against it Thursday. Sen. Bryan King, R-Green Forest, voted against the bill Feb. 11 and was absent Thursday.

Hammer and the remaining three committee members voted for the bill, including Sen. Alan Clark, R-Lonsdale, who was absent Feb. 11.

These kinds of obstructionist laws imply that some of you simply do not trust the people of Arkansas.

– Davis Hendricks, one of six speakers against Senate Bill 212

Public comment

Six members of the public spoke against SB 212, with several saying the bill lacked due process for petition signers whose signatures might be discarded by the Secretary of State.

“This particular bill increases barriers to voting, targets vulnerable populations, raises privacy and civil rights concerns and contradicts values that I represent as a social worker,” Kellie Fugere said.

Fugere described herself as politically liberal. Other witnesses described themselves as conservative, including Lorri Justice, a constituent of Hammer’s and a former Republican candidate for the Pulaski County Quorum Court.

Justice said she opposed “weaponizing state agencies” against the public and believed SB 212 would do this.

“We have President [Donald] Trump slashing our federal government, but we’re building our government and making it bigger here in the state, and I don’t like that,” Justice said, referring to recent firings of federal employees.

Joey McCutchen and Jimmie Cavin, both conservative advocates for government transparency, also said they opposed expanding state government via SB 212. McCutchen called the proposal “Orwellian” and “authoritarian.”

Cavin said he opposed giving the Secretary of State “the sole discretion” of disqualifying petition signatures “based on an opinion,” which the officeholder could use to “force their will over the people.”

Jimmie Cavin (left) speaks against Senate Bill 212 before the Senate Committee on State Agencies and Governmental Affairs on Thursday, February 27, 2025. At right is Sen. Jim Dotson, R-Bentonville, who supported the bill. (Tess Vrbin/Arkansas Advocate)

“I’m absolutely against abortion, but say somebody wants to get an abortion amendment on the ballot, and let’s say the Secretary of State doesn’t want that to happen,” Cavin said. “It’s really easy to use this as a political weapon, and the same is true in reverse [if we] have a liberal secretary of state.”

A proposed constitutional amendment that would have created a limited right to abortion received more than 102,000 signatures last year, but it did not make the November ballot after the Secretary of State’s office disqualified more than 14,000 signatures on a technicality.

At the committee’s Feb. 11 meeting, supporters of Hammer’s package of bills alleged fraud and misconduct by canvassers collecting signatures for the abortion amendment.

The other two speakers against SB 212 were Carol Egan, who spoke against another of Hammer’s bills Tuesday, and Davis Hendricks, who said allegations of petition fraud are “the exception and not the rule.”

Several of Hammer’s bills might be challenged in court if they become law, which would waste taxpayer money, Hendricks said.

“These kinds of obstructionist laws imply that some of you simply do not trust the people of Arkansas,” he said.

No members of the public spoke for SB 212.

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Arkansas Advocate is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Arkansas Advocate maintains editorial independence. Contact Editor Sonny Albarado for questions: info@arkansasadvocate.com.

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REAL ID requirements among policies difficult for transgender, nonbinary Arkansans to navigate

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arkansasadvocate.com – Tess Vrbin – 2025-04-30 05:15:00

by Tess Vrbin, Arkansas Advocate
April 30, 2025

Gender-nonconforming Arkansans might not meet the state’s requirements to obtain a REAL ID in order to board flights or enter certain federal buildings, which is a week away from being required by federal law.

Applicants for REAL IDs need to provide the Department of Finance and Administration with four different forms of identification:

A current driver’s license, state-issued ID, or school or work ID as proof of identityA passport or birth certificate as proof of legal presence in the United StatesA government-issued social security cardTwo documents providing proof of address, such as utility bills or bank statements, issued within the last six months

The documents “all have to sync up,” Finance Secretary Jim Hudson said last week.

Transgender and nonbinary Arkansans might have changed their names or gender information on some but not all legal documents, and state policies have made it difficult for these groups of people to obtain documents that accurately reflect who they are, advocates say. Birth certificates can be legally altered, and until this year, the federal government allowed gender-neutral information on U.S. passports.

“The government has played politics with people’s lives and upended people’s ability to accurately and properly identify themselves,” said Holly Dickson, executive director of the American Civil Liberties Union of Arkansas. “This has created much chaos and turmoil for no good reason while making life harder and more unsafe for all of us.”

Last year, the ACLU of Arkansas led a lawsuit against the DFA’s decision to stop issuing gender-neutral driver’s licenses. The case was dropped after Arkansas officials permanently adopted the new policy, which prohibits the use of an “X” to indicate someone’s gender in place of “M” or “F.”

Arkansans urge state finance department not to reverse gender-neutral driver’s license policy

Several transgender and nonbinary Arkansans, including Maggs Gallup of Little Rock, urged the finance department to maintain the previous policy, which had been in place for 14 years. Gallup said in an interview Monday that they are putting off obtaining a REAL ID in case doing so requires the state to remove the X gender marker from their driver’s license.

Hudson told lawmakers that a driver’s license is “not a platform for speech” and “not a platform for personal identity.” Gallup disagreed, saying their gender-neutral ID is important to them and putting incorrect information on an ID is “a deeply incongruent thing to do.”

“In an ideal world, it would be great to have the state and officials recognize our gender,” Gallup said. “They don’t get to determine who we are, no matter what letters we put on our IDs.”

REAL IDs began with a law passed by Congress in 2005 as a response to the Sept. 11, 2001, terrorist attacks. Instituting REAL IDs statewide “will help fight terrorism and reduce identity fraud,” according to the finance department website.

The federal Transportation Security Administration accepts passports in place of REAL IDs as identification to board a flight. Miss Major Griffin-Gracy, a well-known transgender advocate who lives in Little Rock, said last week on Facebook that she was initially denied access to a flight because she has an X on her driver’s license, but she was allowed to board after displaying her passport containing a male gender marker.

Griffin-Gracy is 78 years old and gender-nonconforming, and she was present at the 1969 Stonewall riot between LGBTQ+ people and police in New York City. In her Facebook video, she expressed disbelief that her passport was accepted even though she did not appear masculine. She also said “we the people” should “stand up and fight” President Donald Trump’s administration, which does not recognize gender-neutral IDs.

Gallup said they are also concerned about potential limits on travel, both domestic and international, with or without a REAL ID. Their teenage child is old enough to learn to drive but is putting off obtaining a learner’s permit because of potential bureaucratic obstacles due to their gender-nonconforming identity, Gallup said.

Bill regulating transgender Arkansans’ bathroom use heads to House despite public pushback

“This is just one part of a larger, really complicated network of new rules and legislation that are challenging to navigate” for transgender and nonbinary Arkansans, Gallup said.

State lawmakers and Gov. Sarah Huckabee Sanders approved a law this month that will allow Arkansans to sue for damages if they encounter someone in a bathroom, changing room, shelter or correctional facility who does not align with the “designated sex” of the space.

The state has also enacted laws in the past few years that ban transgender girls from playing girls’ sports, require public school students to use bathrooms that match their gender assigned at birth, regulate pronoun use in schools and allow doctors who provide transgender minors’ health care to be sued for medical malpractice.

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Arkansas Advocate is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Arkansas Advocate maintains editorial independence. Contact Editor Sonny Albarado for questions: info@arkansasadvocate.com.

The post REAL ID requirements among policies difficult for transgender, nonbinary Arkansans to navigate appeared first on arkansasadvocate.com



Note: The following A.I. based commentary is not part of the original article, reproduced above, but is offered in the hopes that it will promote greater media literacy and critical thinking, by making any potential bias more visible to the reader –Staff Editor.

Political Bias Rating: Center-Left

The article appears to adopt a Center-Left perspective primarily through its focus on issues affecting transgender and nonbinary individuals, particularly with regard to identity documentation requirements in Arkansas. It emphasizes the challenges faced by gender-nonconforming individuals in obtaining accurate identification and highlights criticisms from the American Civil Liberties Union (ACLU) regarding the state’s policy changes. The language used is sympathetic toward these groups, portraying the state’s actions as creating unnecessary turmoil and being politically motivated. Although the article provides factual information about the REAL ID process and relevant legal actions, its framing leans toward advocacy for the rights of transgender individuals, positioning the state’s policies in a critical light. This reflects a broader pattern of liberal advocacy for gender inclusivity in government identification practices. However, the piece does offer direct quotes from state officials, which helps balance the presentation of opposing views. Thus, the overall tone remains more supportive of progressive policies on gender identification, hence the Center-Left categorization.

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Arkansas Army vet uses experience to help other veterans

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www.youtube.com – THV11 – 2025-04-29 20:03:22

SUMMARY: Arkansas Army veteran Jared Eeken uses his military experience and counseling background to help struggling veterans through his nonprofit, Scars and Stripes. Recognizing gaps in existing support systems, Eeken assists veterans in navigating mental health challenges, finding jobs, healthcare, and transportation, ensuring they don’t fall through the cracks. His own struggles with mental health inspired him to create this organization alongside his wife. Eeken emphasizes the importance of camaraderie and continuous support, often advocating for veterans to receive the services they’re entitled to. Recently, he was honored with the Saluting Heroes Award for his impactful work aiding Arkansas veterans.

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One Arkansas Army veteran is showcasing how he uses his knowledge of social work and his own experiences to help other veterans in the state.

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News from the South - Arkansas News Feed

Latest updates on Conway park shooting

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www.youtube.com – THV11 – 2025-04-29 07:43:35

SUMMARY: Two suspects remain on the run after the Conway Park shooting, while two others are in custody. One of the arrested suspects, Ryan Goens, was free on bond for a previous gun charge at the time of the shooting. He had posted a $75,000 bond for an alleged February gun crime, including possession of a machine gun, and was scheduled for a hearing the same week as the shooting, but it was postponed. This case has raised concerns about the state’s bail system and balancing public safety with the presumption of innocence. Goens faces 11 counts of aggravated assault.

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As the search continues for two additional suspects in the Conway park shooting, here’s the latest information from police.

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