An opinion from Attorney General Tim Griffin throws a wrench into a novel attempt to make voter registration easier by using electronic signatures, but voting rights advocates at Get Loud Arkansas said they’re not laying off their efforts.
Get Loud’s strategy was to use a digitized form from the Secretary of State’s office that prospective voters could fill out and finalize with an electronic signature. Since Arkansas doesn’t offer online voter registration, Get Loud’s work-around proved popular and hundreds utilized their platform to register to vote. Get Loud staff printed out the forms and submitted them to county clerks.
The process was working great until some conservative Arkansas officials stepped in.
The opinion released Wednesday was addressed to Secretary of State John Thurston and was prepared by assistant AG Kelly Summerside. Because Get Loud’s application form does not come from a government agency, it is not valid, the opinion says.
Though third-party groups regularly pass around paper registration forms, the opinion stated the Arkansas Constitution doesn’t allow for electronic options outside of state offices.
Griffin’s office cited Amendment 51, which says people in Arkansas should register to vote either by showing up in person to county clerks’ offices, using a mail-in voter registration application form, or applying electronically at the DMV or a revenue office.
The attorney general said Get Loud’s online application doesn’t fall under any of the approved categories.
The crew at Get Loud believes their system is misunderstood.
“This is a new tactic, but it appears to come from a fundamental misunderstanding of how GLA’s system works,” said Kristin Foster, Get Loud’s deputy director. “We already use the voter registration form available for download from the secretary of state website. A PDF of that form, with applicant responses, is printed and submitted to the appropriate county clerk in compliance with Amendment 51.”
In March, Thurston advised county clerks to not accept voter registration forms that were filled out and signed electronically. This went directly against advice Get Loud staff sought from Thurston’s office beforehand.
Since Thurston made his stance known, at least 26 Arkansas county clerks said they’ll reject e-signatures. Six are still on board, and the other 43 remain a mystery.
“It has definitely been eye-opening to see just how far our state government will go to keep eligible Arkansans from registering to vote,” Foster said. “The same day we received the AG opinion confirming that electronic signatures should be accepted, we also learned that the State Board of Election Commissioners is responding by drafting an emergency rule that will likely be another roadblock for voter participation.”
Headed up by former state Sen. Joyce Elliott, Get Loud Arkansas has pivoted repeatedly to make sure residents can register to vote. The organization amended its application form to accommodate the individual policies of each county. Paper registration applications are also available by mail upon request.
“Get Loud Arkansas is not backing down,” Foster said. “The public support has been far stronger than the pushback from some self-interested politicians who fear what will happen if everyone votes. Since this started, hundreds of volunteers have signed up to help register new voters, and bipartisan support for our approach has rolled in from across the state. Together, we are holding the line and will continue fighting for every Arkansas voter to be heard loud and clear.”
Foster said she learned of a proposed emergency rule from the Board of Election Commissioners through an Arkansas Democrat-Gazette article published on April 11. At a meeting Wednesday, board director Chris Madison said the rule would clear up the gray areas around the voter registration process, the newspaper reported.
A draft is expected to be taken up at the board’s next meeting on April 23.
Foster said no one from the state election board has reached out to Get Loud Arkansas. A tentative meeting between Thurston and Elliott is expected next week.
