Get Loud Arkansas, a voter registration organization, sued Arkansas Secretary of State Cole Jester and election commissioners after they adopted an emergency rule in May 2024 requiring handwritten "wet" signatures on voter registration forms. The rule prohibited digital signatures created on computers or mobile devices, effectively shutting down Get Loud's successful online registration tool that had registered 358 voters, 78% of whom were under 20 years old. The organization was forced to reallocate resources and hire additional staff to comply with the rule during the crucial weeks before the 2024 elections.
Chief Judge Steven Colloton wrote that Arkansas officials provided no evidence that signature type affects voter qualification determinations. "There is no evidence that Arkansas election officials use the type of signature on a registration form in determining whether an applicant is qualified to vote," Colloton found, noting county clerks "are not trained to analyze or compare signatures" and are instructed to accept "any type of signature or mark," even if illegible. The court rejected the Board's argument that wet signatures prevent fraud, finding "no evidence to support its claim that a requirement of wet signatures on registration applications is material to preventing voter fraud in Arkansas."
Get Loud initially received approval from the Secretary of State's office for its digital tool in early 2024, but officials reversed course after an Arkansas Times article highlighted the tool's success. The Arkansas Attorney General subsequently issued an opinion stating electronic signatures were "generally valid under Arkansas law," but the Board adopted the wet signature rule anyway. The district court granted Get Loud's preliminary injunction in June 2024, which the Eighth Circuit upheld using the four-factor test for preliminary injunctions.
Circuit Judge David Stras dissented, arguing wet signatures have "centuries-old roots in the Statute of Frauds" and provide "solemn weight" that deters fraud. The decision resolves a circuit split on voter registration requirements under the Civil Rights Act's Materiality Provision. The ruling affects similar wet signature requirements in at least four other states and could influence ongoing voting rights litigation as digital registration tools become more common nationwide.