Can someone who signed an Arkansas initiative petition take their signature back later?
Plain-English summary
Secretary of State John Thurston asked a procedural question: when a voter who signed a statewide initiative petition asks to take their signature back, what does Arkansas law say?
Attorney General Tim Griffin's answer breaks into three pieces:
1. The Constitution and statutes are silent. The Arkansas Constitution does not address signature withdrawal. Arkansas statutes do not either, except for county-level petitions (A.C.A. § 14-14-107(d) authorizes pre-filing withdrawal but bars post-filing withdrawal absent a specific exception).
2. Common law fills the gap. Most states recognize a common-law right to withdraw a petition signature, with three timing variations:
- Before the petition is filed with the proper official.
- Before "affirmative legislative action" by that official.
- After filing but before "final action."
Arkansas falls in the first camp. Bordwell v. Dills (1902) established that "before the filing with the clerk…the petition is in the power of the signers" and "[e]ach signer may control his signature." Once filed, control transfers. The Arkansas Supreme Court rejected the third camp in Pope v. City of Nashville (1917).
3. The Secretary of State cannot remove signatures post-filing. Section 7-9-126 lists the categories of signatures that the Secretary cannot count (forgeries, illegible signatures, duplicates, signatures from before ballot-title certification, etc.). "I changed my mind" is not on that list. The Secretary has no statutory authority to remove a signature post-filing on a withdrawal request alone.
Two practical limits worth flagging:
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Process is unclear. Even pre-filing, Arkansas law does not specify how a signer withdraws. There is no statutory affidavit, no required filing, no list of officials who must accept a withdrawal request. Bordwell mentions signatures could be "erased" before filing but does not detail the mechanism. Sponsors and canvassers may have a private remedy if they refuse to honor a withdrawal request.
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Post-filing exceptions exist. A court can order a signature removed after filing on a showing of good cause (fraud, duress, deception in obtaining the signature). The Secretary of State cannot do this on their own.
The case law on this point is not particularly well-developed in Arkansas. The handful of Arkansas Supreme Court cases that mention a freestanding common-law right to withdraw are old and most of the rest of the cases involved a statutory right to withdraw at the county or local level. The AG flagged this thin reasoning.
What this means for you
If you are a Secretary of State staffer fielding withdrawal requests
Based on this opinion, you do not have authority to act on a withdrawal request after the petition is filed. Send the requester to court if they want their signature out. Pre-filing, the petition is in the power of the signers per Bordwell, but there is no Arkansas statute or rule that tells you how the withdrawal mechanism operates. Document whatever requests you receive.
If you are a voter who signed a petition and wants to take it back
If the petition has not been filed with the Secretary of State yet (and the constitutional or statutory filing deadline has not passed), the common-law right to withdraw is your strongest bet. Send a written withdrawal request to the petition sponsor (the campaign organizing the measure) and ask them to remove your signature. They have no clear obligation to comply, but a private right of action may exist.
If the petition has been filed, you cannot get your name removed unless a court orders it. You would need to show good cause: fraud, duress, or deception in how your signature was obtained. Talk to an election-law attorney.
If you are a ballot-measure sponsor
You will get withdrawal requests. The opinion confirms you have to respect pre-filing withdrawal but not post-filing withdrawal (except by court order). Document the date of every withdrawal request and the date you filed. Be careful not to violate A.C.A. § 7-9-127(a), which makes it a Class A misdemeanor for someone to change or erase another person's signature on a petition. The signer must direct or document the withdrawal themselves.
If you are a state legislator
This opinion highlights a clear gap. Arkansas does not have a statutory withdrawal procedure for statewide petitions, despite Alaska, California, Missouri, Nebraska, Ohio, and Utah all having one. If you want to clarify the mechanism (how requests are made, who processes them, deadlines), this is a discrete drafting opportunity.
If you are an election-law attorney
The post-filing removal channel is judicial. Pendleton v. Stuttgart Drainage Dist. (1962) and O'Brien v. Root (1924) confirm courts can order signature removal post-filing for cause (fraud, duress, deception). That gives you a litigation path for a constituent challenge.
Common questions
Q: I signed a petition last week. Can I get my signature off?
A: If the petition has not been filed with the Secretary of State yet, contact the petition sponsor in writing and ask them to remove your signature. The common-law right exists but the mechanism is not formal. If filed, you would need a court order based on good cause.
Q: What is "good cause" for post-filing removal?
A: Cases recognize fraud, duress, and deception in how the signature was obtained. A simple change of mind is not enough.
Q: Can the Secretary of State just take my signature off if I email them?
A: No. The Secretary's authority is limited to the not-counted categories in § 7-9-126(c)(1)-(6), which are about defects in the signature itself (forgery, illegibility, missing identifying info, etc.), not about regret.
Q: Who can I send my pre-filing withdrawal request to?
A: Arkansas law is unclear. The petition sponsor is the most direct option. The AG specifically noted that no statutory or regulatory process governs how someone lawfully removes a signature pre-filing.
Q: Is there any criminal liability for tampering with a petition?
A: Yes. A.C.A. § 7-9-127(a) makes it a Class A misdemeanor to change a signature other than your own, or to erase or otherwise remove a signature other than your own, on a petition. Withdrawals must be initiated and documented by the signer.
Q: Does this rule apply to county or municipal petitions?
A: No. Statewide initiative and referendum petitions are governed by this opinion. County-level petitions have their own statute, A.C.A. § 14-14-107(d), which expressly authorizes pre-filing withdrawal and bars post-filing withdrawal "unless otherwise specifically provided by law."
Background and statutory framework
This opinion sits at an intersection of constitutional silence, statutory partial-coverage, and common law. Arkansas's petition mechanics are governed mostly by Article 5, Section 1 of the Constitution, A.C.A. §§ 7-9-101 to -301, and § 14-14-107(d) for county-level matters. Statewide petitions have no withdrawal provision.
Common-law landscape. Most states recognize a common-law right to withdraw a petition signature. Arkansas falls in the camp that allows withdrawal only before the petition is filed (or before the constitutional/statutory filing deadline expires). Bordwell v. Dills, 70 Ark. 175 (1902), analogized petition signatures to votes: filing is "casting the ballot," after which control transfers to the receiving body. Pope v. City of Nashville, 131 Ark. 429 (1917), expressly rejected the broader rule that allows withdrawal up to the time of "final action" on the petition.
Pre-filing rule. Per Bordwell, signers can withdraw before filing. Per Phillips v. Rothrock (1937) and S. Cities Distributing Co. v. Carter (1931), if the Constitution or a statute provides a filing deadline (e.g., 30 days), signers can withdraw any time before that deadline expires, even if the petition has been filed earlier.
Post-filing rule. Withdrawal requires a court order and good cause. Pendleton v. Stuttgart Drainage Dist., 235 Ark. 513 (1962); Rural Special Sch. Dist. Nos. 24 & 63 v. Hatfield, 185 Ark. 429 (1932); Bullock Springs, 183 Ark. 706 (1931); Carter, 184 Ark. 4 (1931); O'Brien v. Root, 167 Ark. 119 (1924); Echols v. Trice, 130 Ark. 97 (1917); Bordwell, 70 Ark. 175 (1902).
Secretary of State authority. Limited to the categories in A.C.A. § 7-9-126(c). The Secretary cannot remove a signature on a withdrawal request alone.
Tampering prohibition. A.C.A. § 7-9-127(a) makes it a Class A misdemeanor for any person to change or erase a signature that is not their own.
Comparison statutes. Several other states have explicit statutory withdrawal procedures: Alaska Stat. § 15.45.120; Cal. Code Regs. tit. 2 § 20970; Mo. Ann. Stat. § 116.110; Neb. Rev. Stat. § 32-632; Ohio Rev. Code § 3501.38(H); Utah Code Ann. § 20A-7-216(4).
Citations and references
Arkansas statutes:
- A.C.A. § 7-9-126(c)(1)–(6) (categories of signatures not counted)
- A.C.A. § 7-9-127(a) (criminal tampering prohibition)
- A.C.A. § 14-14-107(d) (county-level signature withdrawal rule)
Other states' statutes:
- Alaska Stat. § 15.45.120
- Cal. Code Regs. tit. 2 § 20970
- Mo. Ann. Stat. § 116.110
- Neb. Rev. Stat. § 32-632
- Ohio Rev. Code § 3501.38(H)
- Utah Code Ann. § 20A-7-216(4)
Cases:
- Bordwell v. Dills, 70 Ark. 175, 66 S.W. 646 (Ark. 1902) (pre-filing withdrawal right)
- Pope v. City of Nashville, 131 Ark. 429, 199 S.W. 101 (Ark. 1917) (rejecting "final action" rule)
- Phillips v. Rothrock, 194 Ark. 945, 110 S.W.2d 26 (Ark. 1937) (withdrawal allowed within filing deadline)
- S. Cities Distrib. Co. v. Carter, 184 Ark. 4, 41 S.W.2d 1085 (Ark. 1931) (withdrawal allowed within filing deadline)
- Pendleton v. Stuttgart & King's Bayou Drainage & Irr. Dist., 235 Ark. 513, 360 S.W.2d 750 (Ark. 1962) (post-filing withdrawal requires good cause)
- In re McCullough, 51 Ark. 159, 10 S.W. 259 (Ark. 1889) (election analogy)
- Hawkins v. Carroll, 1 S.E.2d 898 (S.C. 1939) (pre-filing withdrawal common-law rule)
- Missouri Farm Bureau Fed'n v. Kirkpatrick, 603 S.W.2d 947 (Mo. 1980) (withdrawal within filing period)
Source
Original opinion text
Opinion No. 2024-051
June 27, 2024
The Honorable John Thurston
Secretary of State
500 Woodlane Street
State Capitol, Room 256
Little Rock, Arkansas 72201
Dear Secretary Thurston:
I am writing in response to your request for my opinion on whether people who sign an initiative petition may later "request that their name and signature be removed from circulated petitions." Your opinion request does not specify whether a request to remove one's signature would be presented to you, the sponsor of the petition, or someone else.
As explained below, although there is likely a common-law right for a person to remove his or her signature from a petition before the petition is filed with the Secretary of State, the Secretary of State does not have authority to withdraw someone's signature and name after the petition is filed.
1. Constitution. The Arkansas Constitution does not provide for a procedure by which someone may withdraw his or her name and signature from a circulated statewide-initiative petition.
2. Statutes. While statutes in other states expressly provide for procedures for withdrawing one's name and signature from a statewide-initiative petition, Arkansas statutes do not.
3. Common law. Absent a statute authorizing signature withdrawals, the majority of states recognize a common-law right to withdraw signatures. Most states fall into one of three common-law categories regarding the timeline for signers to exercise their right to withdraw, giving them an absolute right to withdraw their signatures:
- Before the petition has been filed with the proper government official or body;
- Before "affirmative legislative action" is taken by the proper government official or body; or
- After filing but before "final action" is taken by the proper government official or body.
In Arkansas, people likely have a common-law right to withdraw their signatures before the petition is filed, or, if the Constitution or a statute provides a specific timeframe within which to file the petition, before that time expires. The Arkansas Supreme Court has expressly rejected the third view.
The caselaw that supports this common-law right in Arkansas, however, especially as it applies to statewide petitions, is not as well reasoned as in other jurisdictions. In fact, only a handful of Arkansas cases even mention a freestanding right to withdraw signatures. Instead, the overwhelming majority of Arkansas cases proclaiming a "right to withdraw" have done so when a state statute expressly authorized someone to withdraw his or her signature from county-level petitions.
3.1. Withdrawing signatures before filing. The Arkansas Supreme Court has likened the filing of an initiative petition to elections: "the ballots are cast when the petition containing the signatures is filed with the clerk," but "[b]efore the filing with the clerk,…the petition is in the power of the signers" and "[e]ach signer may control his signature." So signers are "privileged" to withdraw their name if they do it before the petition is filed. And when the Constitution or a statute provides a timeframe (e.g., 30 days) to file the petition, a signer may withdraw his or her signature if done before the expiration of the filing deadline.
3.2. Withdrawing signatures after filing. The Arkansas Supreme Court has held numerous times that signers to a petition cannot withdraw their name from an initiative petition after it has been filed or after the expiration of the date upon which the petition must be filed (1) without leave of the court and (2) without some good cause shown, such as when the "signature had been procured by some improper method" like fraud, duress, or deception.
4. Practical effects of right to withdraw. Even if someone does have a common-law right to withdraw his or her signature, the next question concerns the practical effect of exercising this right: whether withdrawal requires a formal act, such as filing or mailing an affidavit or appearing before some authorized government entity, or some informal act, such as requesting that a sponsor or canvasser withdraw the signer's signature. There is no clear answer in Arkansas. Although the Arkansas Supreme Court has noted that signatures to a petition could have been "erased" before the petition was filed, it is unclear how and by what process someone may withdraw his or her signature. I have found no statutory or regulatory process that governs how someone can lawfully remove his or her signature. There may, however, be some private remedy if a sponsor refuses to remove the signature.
5. Secretary of State's authority. Whatever the pre-filing process for withdrawing signatures, the Secretary of State does not have statutory authority to strike, remove, or withdraw signatures post-filing merely because signers ask to have their signatures withdrawn, nor is there a procedure in place (i.e., rulemaking authority) to allow the voluntary withdrawal of names and signatures for statewide-initiative petitions.
By statute, the Secretary of State is only authorized not to count signatures for specific reasons, none of which include not counting a signature merely because the signer changed his or her mind after signing.
Therefore, in the absence of any procedure or other evidence of authority for signature and name withdrawals, it is my opinion that, generally, absent a court ruling, the Secretary of State lacks the authority to withdraw someone's signature and name from a statewide-initiative petition.
Assistant Attorney General William R. Olson prepared this opinion, which I hereby approve.
Sincerely,
TIM GRIFFIN
Attorney General