‘Procedural’ issue delays submission of Fort Smith change-of-government signatures

That took a different turn. The planned Tuesday (July 21) submission of signatures seeking a Fort Smith change-of-government question on the November ballot and a post-submission press conference were canceled “to address technical and procedural matters.”

Fort Smith attorney Joey McCutchen, a leader in the effort to place the question on the ballot, announced Monday that they would present around 3,720 signatures to Fort Smith Mayor George McGill in his office at 10 a.m., Tuesday. Fort Smith mayoral candidate Shayne McKinney, who also has been a leader in the effort, is expected to join McCutchen for Tuesday’s signature presentation. A press conference outside city offices at 623 Garrison Ave., in downtown Fort Smith was planned after the submission.

The group had to submit 2,608 valid voter signatures by late July or early August to provide time for signature verification by Fort Smith City Clerk Sherri Gard. The deadline to submit a change-of-government proclamation to Sebastian County Clerk Sharon Brooks is Aug. 25, according to state law. Gard’s office is responsible to determine the validity of signatures, which must be from registered voters who live within the corporate limits of the city.

Tuesday’s submission cancellation followed the revelation of an email sent by a canvasser to Gard claiming that some of the signatures she gathered may not have been properly notarized.

In her email, Jacqueline Hooper said “numerous petition pages” she turned over to McKinney were not properly notarized by McKinney. Hooper also alleged that petition pages provided to McKinney by another person also were not properly notarized by McKinney. Specifically, Hooper told Gard that McKinney did not verify their identification and they did not sign the page affidavits in the presence of McKinney who then did not give the pages his notary signature in her presence. She said after seeking advice from an attorney, she does not want to “endorse any affidavit that I now believe may not have been executed in accordance with applicable legal requirements.”

“Because I have now been advised of these concerns by legal counsel, I do not wish to have any petition affidavits bearing my signature submitted or relied upon.,” Hooper wrote in the email to Gard. “Accordingly, I respectfully request that my petition pages containing my canvasser affidavit and notarized by Mr. McKinney be withdrawn from consideration, declared invalid, or otherwise excluded from the petition process to the extent permitted by law.”

McCutchen said the group will review all signatures to ensure “only valid signatures” are submitted.

“I learned this morning (July 21st) that a canvasser made an accusation against Shayne McKinney that may call into question the validity of some of the signatures,” McCutchen said in a statement. “Our office has taken extensive time and precautions to ensure that the petition process is handled lawfully, and that is what we will continue to do. That is why we will be postponing the signature submission and press conference until we investigate this matter and confirm that only valid signatures are submitted to the mayor. The integrity of the process is paramount and we are going to do everything in our power to ensure the integrity.”

McCutchen also stressed that they are continuing to collect signatures. He said as of Tuesday they now have 3,847 signatures.

“We’re going to continue to get signatures, for a couple of reasons, but because, number one, I think people deserve the chance to sign this,” he said.

A statement from Janey Peugh, McKinney’s press secretary, said the decision to delay signature submission “does not impact the core validity or community support for the initiative.”

“In taking a brief step back to address these procedural items, we are protecting the integrity of the process and ensuring that the hard work of our volunteers and signers is fully honored,” McKinney noted in the statement.

Changing to a mayor-council form of government would place management responsibility with the mayor. Most large cities in Arkansas with a mayor-council government have at least one experienced city manager supporting the mayor in day-to-day operations. The mayor-council form of government would also include elections for city clerk, city attorney, and city treasurer, according to state law.

If voters approve a change of government in November 2026, elections for the new government would be held in November 2028. If voters reject a change of government, state law prevents the question from returning to voters for four years.

The Fort Smith Board of Directors recently rejected two attempts to approve a resolution that would place the question on the ballot without going through the signature process.