By Rob Moritz
Arkansas News Bureau
LITTLE ROCK — Absentee ballot legislation filed to address problems discovered in the aftermath of a disputed 2006 East Arkansas state Senate race was endorsed by a Senate committee Thursday.
The Senate Committee on State Agencies and Governmental Affairs advanced the bill just days after a circuit judge declined to prosecute anyone in a voting fraud investigation of the election.
Senate Bill 192, by Sen. Steve Faris, D-Malvern, is intended to prevent what the senator called “absentee vote harvesting,” or the possession of more than 10 absentee ballots by one person.
Faris said the bill was in response to allegations made during a Senate hearing last year over the District 16 state Senate race, which ultimately was awarded to Sen. Jack Crumbly, D-Widener.
Last spring, senators voted to accept a Senate panel’s recommendation that Crumbly keep the seat even though the panel concluded after a historic hearing that there were “flagrant voter fraud and irregularities” in the runoff election between Crumbly and former state Rep. Arnell Willis of Helena-West Helena.
Willis initially was declared the winner, but Crumbly narrowly edge out Willis after a recount. A second recount confirmed Crumbly as the winner.
During the hearings, members of the Senate state agencies committee, which Faris chairs, heard testimony that some people gathered dozens of absentee ballots at the same time and then took them to the St. Francis County Courthouse.
H.G. Foster of Conway served as special prosecutor to investigate the allegations of voter irregularities and presented his findings to Pulaski County Circuit Judge Richard Proctor. He said Thursday that Proctor’s decision this week against any prosecutions was based, in part, on the judge’s determination that the probe failed to show that the state’s absentee voting procedures were violated.
“It is clear to me that the law intended to limit the number of people who can have absentee ballots,” said Foster, a former Faulkner County prosecutor.
Putting clear penalties in the law would close the “loophole,” Foster said.
SB 192 it would create a Class D felony for possession of the absentee ballots of more than 10 voters, regardless of whether the person is the designated bearer, authorized agent or administrator. Current law limits the number to two but provides no punishment for possessing more.
Also Thursday, the committee recommended SB 631, also by Faris, which would clarify the subpoena powers the Senate pro tem and House speaker have, as well as committee chairmen and committee members.
During the committee’s hearing last year, the panel subpoenaed some election documents from St. Francis County but encountered problems getting the information.
Faris said the bill simply clarifies the rules and regulations the Legislature must follow when issuing subpoenas.
