Appeals court issues administrative stay in Arkansas ‘wet signature’ lawsuit
Arkansas officials can again implement a new “wet signature” rule that limits the use of electronic signatures on voter registration forms after the U.S. Court of Appeals for the Eighth Circuit granted a temporary administrative stay Friday evening.
State lawmakers in May approved an emergency rule drafted by the Arkansas Board of Election Commissioners that requires a “wet signature,” meaning signing with a pen, on voter registration applications unless they’re completed at state agencies, like the DMV.
In June, voter advocacy group Get Loud Arkansas challenged the rule with a lawsuit filed in the U.S. District Court for the Western District of Arkansas against Secretary of State John Thurston, the Arkansas State Board of Election Commissioners and the county clerks of Benton, Pulaski and Washington counties.
Additional plaintiffs include Vote.Org, a national voter registration-focused nonprofit, and two Arkansans who had their voter registration applications rejected because they had an electronic signature — Nikki Pastor and Trinity “Blake” Loper.
Federal judge temporarily blocks ‘wet signature’ rule for Arkansas voters
U.S. District Judge Timothy L. Brooks said he issued a preliminary injunction on Aug. 29 because requiring that voter registration applications be signed with a “wet signature” likely violates the Materiality Provision of the Civil Rights Act of 1964 and will cause plaintiffs irreparable harm.
Defendants in the case filed an appeal with the Eighth Circuit on Sept. 4. According to Friday’s order, the district court’s preliminary injunction is administratively stayed pending a ruling by the Eighth Circuit “on Appellants’ motion to stay the preliminary injunction pending disposition of this appeal.”
In a statement Sunday, Get Loud Arkansas said the new rule places an “undue burden” on Arkansans.
“This rule creates an obstacle that risks disenfranchising eligible voters and disrupting the fundamental process of our elections,” according to GLA’s statement. “The preliminary injunction recognized that this irreparable harm must be avoided. While the administrative stay poses a temporary barrier, Get Loud Arkansas assures all Arkansans that the fight is far from over.”
Get Loud Arkansas is directly impacted by the “wet signature” rule because the organization developed a digital tool that allows Arkansans to fill out and sign their voter registration application online and authorize Get Loud Arkansas to submit the form to the applicant’s county clerk.
The voter advocacy group halted the use of its online tool earlier this year, but relaunched it after Brooks issued his temporary injunction last month.
“To those who have registered to vote with digital signatures during the injunction period, your voice matters, and we are committed to ensuring that your registration will count,” GLA’s statement said. “We understand your concerns and urge you to remain steadfast as we navigate these legal challenges. Get Loud Arkansas will advocate for those registrations to be recognized and for your right to participate in upcoming elections to be protected.”
The deadline to register to vote in the general election is Oct. 7. Election day is Nov. 5.
The Arkansas Secretary of State could not be reached for comment on Sunday.