SB212 establishes a new division called the "Document Validity Division" within the Secretary of State's office. This division is tasked with investigative authority over both the initiative and referendum processes, as well as the conduct of elections. Notably, there is already an existing Election Integrity Unit in the Attorney General's office that has similar powers to investigate election-related issues.
The ACLU of Arkansas strongly opposes SB212 because:
- It creates duplicative functions. Given that the Attorney General's office already has the capacity to investigate election matters, the creation of a similar division within the Secretary of State's office is redundant and an inefficient use of resources.
- It potentially intimidates civic participation. The authority given to the Document Validity Division to scrutinize the ballot initiative process could be seen as an attempt to discourage public involvement by creating a climate of fear around submitting petitions, even though submitting false documents is already illegal.
- It wastes state resources. The establishment of an overlapping division that mirrors the functions of an existing one adds unnecessary bureaucratic overhead, diverting funds and attention from more pressing state needs.
Arkansas should focus on streamlining government functions and fostering an environment that encourages, rather than intimidates, civic engagement. The ACLU of Arkansas stands against SB212 and any legislation that needlessly complicates governance and threatens democratic participation.
