Vote Reference

7-1-101. Definitions.

As used in this title, unless the context or chapter otherwise requires:

(1) “Administrator” means the administrative head of a long-term care or residential care facility licensed by the state who is authorized in writing by a patient of the long-term care or residential care facility to deliver the application for an absentee ballot and to obtain or deliver the absentee ballot to the county clerk;

(2) “Affidavit of eligibility” means an affidavit signed by a candidate for elective office stating that the candidate is eligible to serve in the office he or she seeks;

(3) “Audit log” means an electronically stored record of events and ballot images from which election officials may produce a permanent paper record with a manual audit capacity for a voting system using voting machines;

(4) “Authorized agent” means a person who is identified and authorized to deliver the application, obtain a ballot, and deliver the ballot on the day of the election to the county clerk for an applicant who is medically unable to cast a ballot at a polling site due to an unforeseen medical necessity as set forth in an affidavit from the administrator of a hospital or long-term care or residential care facility;

(5) “Canvassing” means examining and counting the returns of votes cast at a public election to determine authenticity;

(6) “Certificate of choice” means a certificate, signed by an executive officer of a political group that submits a petition to place its candidates for President and Vice-President on the ballot, designating the names of its candidates to appear on the ballot;

(7) “Constitutional officers of this state” means the offices of the Governor, Lieutenant Governor, Secretary of State, Attorney General, Auditor of State, Treasurer of State, and Commissioner of State Lands;

(8) “Counting location” means a location selected by the county board of election commissioners with respect to all elections for the automatic processing or counting, or both, of votes;

(9) “Designated bearer” means any person who is identified and authorized by the applicant to obtain from the county clerk or to deliver to the county clerk the applicant's ballot;

(10)

(A) “Election media” means any device used in an election definition or to record votes cast with a direct record electronic machine or voting machine.

(B) “Election media” includes without limitation:

(i) Memory stick devices;

(ii) Digital flashcards;

(iii) Personalized electronic ballots (PEBs);

(iv) Personal computer cards; and

(v) Zip disks;

(11) “Election official” or “election officer” means a person who is a member of the county board of election commissioners, a person who performs election coordinator duties, a person who is a poll worker designated by a county board of election commissioners to be an election clerk, election judge, or election sheriff, or a deputy county clerk or a person assigned by a county clerk to conduct early voting;

(12) “Electronic poll book” means hardware or software or a combination of hardware and software that allows election officials to view voter registration records and voting information during an election at an early voting location or at a polling site on election day;

(13) “Electronic vote tabulating device” means a device used to electronically scan a marked paper ballot for the purpose of tabulation;

(14) “Fail-safe voting” means the mechanism established under the National Voter Registration Act of 1993, 52 U.S.C. § 20501 et seq., that allows a voter who has moved within the same county to vote at his or her new precinct without having updated his or her voter registration records;

(15) “First-time voter” means any registered voter who has not previously voted in a federal election in the state;

(16) “General or special election” means the regular biennial or annual election for election of United States, state, district, county, township, and municipal officials and the special elections to fill vacancies therein and special elections to approve any measure. The term as used in this act shall not apply to school elections for officials of school districts;

(17) “Infamous crimes” for the purposes of Arkansas Constitution, Article 5, § 9, includes:

(A) A felony offense;

(B) A misdemeanor theft of property offense;

(C) Abuse of office, § 5-52-107;

(D) Tampering, § 5-53-110; or

(E) A misdemeanor offense in which the finder of fact was required to find, or the defendant to admit, an act of deceit, fraud, or false statement;

(18) “Majority party” means that political party in the State of Arkansas whose candidates were elected to a majority of the constitutional offices of this state in the last preceding general election;

(19) “Marking device” means any approved device operated by a voter to record the voter's choices through marking or creating a paper ballot with ink or other substance that will enable the votes to be tabulated by means of an electronic vote tabulating device;

(20) “Member of the merchant marine” means:

(A) An individual employed as an officer or crew member of:

(i) A vessel documented under the laws of the United States;

(ii) A vessel owned by the United States; or

(iii) A vessel of foreign-flag registry under charter or control of the United States;

(B) An individual enrolled with the United States for employment or training for employment or maintained by the United States for emergency relief service as an officer or crew member of any such vessel; or

(C) As defined in the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq., if different from the definition stated in this subdivision (20);

(21) “Minority party” means that political party whose candidates were elected to less than a majority of the constitutional offices of this state in the last preceding general election or the political party that polled the second greatest number of votes for the office of Governor in the last preceding general election if all of the elected constitutional officers of this state are from a single political party;

(22)

(A) “Nonpartisan candidate” means a candidate for the office of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, or prosecuting attorney.

(B) “Nonpartisan candidate” does not include a candidate for nonpartisan municipal office;

(23)

(A) “Nonpartisan election” means a general, special, or runoff election for the office of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, or prosecuting attorney.

(B) “Nonpartisan election” does not include a general, special, or runoff election for a nonpartisan municipal office;

(24)

(A) “Nonpartisan office” means the office of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, or prosecuting attorney.

(B) “Nonpartisan office” does not include a nonpartisan municipal office;

(25) “Party certificate” means a written statement or receipt signed by the secretary or chair of the county committee or of the state committee, as the case may be, of the political party evidencing the name and title proposed to be used by the candidate on the ballot, the position the candidate seeks, payment of the fees, and filing of the party pledge, if any, required by the political party;

(26) “Party filing period” means the period of time established by law for the candidate for a political party's nomination to file his or her party certificate with the Secretary of State or county clerk, as the case may be;

(27)

(A) “Political party” means any group of voters that at the last preceding general election polled for its candidate for Governor in the state or nominees for presidential electors at least three percent (3%) of the entire vote cast for the office.

(B) A group of electors shall not assume a name or designation that is so similar in the opinion of the Secretary of State to that of an existing political party as to confuse or mislead the voters at an election.

(C) When any political party fails to obtain three percent (3%) of the total votes cast at an election for the office of Governor or nominees for presidential electors, it shall cease to be a political party;

(28) “Polling site” means a location selected by the county board of election commissioners where votes are cast;

(29) “Precinct” means a geographical area, the boundaries of which are determined by a county board of election commissioners in order to facilitate voting by the registered voters from that geographical area;

(30) “Primary election” means any election held by a political party in the manner provided by law for the purpose of selecting nominees of the political party for certification as candidates for election at any general or special election in this state;

(31)

(A) “Printed campaign materials” means:

(i) Literature mailed to an elector that is intended to or calculated to influence the vote of an elector in an election in this state, including without limitation signs, banners, flyers, and pamphlets; and

(ii) Yard signs and push cards intended to or calculated to influence the vote of an elector in an election in this state.

(B) “Printed campaign materials” does not mean political paraphernalia, including without limitation stickers, buttons, pens, T-shirts, nail files, or other similar trinkets;

(32) “Provisional ballot” means a ballot:

(A) Cast by special procedures to record a vote when there is some question concerning a voter's eligibility; and

(B) Counted contingent upon the verification of the voter's eligibility;

(33) “Qualified elector” means a person who holds the qualifications of an elector and who is registered pursuant to Arkansas Constitution, Amendment 51;

(34) “Sample ballot” means a ballot for distribution to the public or the press marked with the word “SAMPLE” so as to prevent the production of counterfeit ballots;

(35) “Uniformed services” means the United States Army, United States Navy, United States Air Force, United States Marine Corps, United States Coast Guard, the United States Commissioned Corps of the Public Health Service, and the National Oceanic and Atmospheric Administration Commissioned Officer Corps, or as defined in the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq., if different from the definition stated in this subdivision (35);

(36) “Vacancy in election” means the vacancy in an elective office created by death, resignation, or other good and legal cause arising prior to election to the office at a general or special election but arising subsequent to the certification of the ballot;

(37) “Vacancy in nomination” means the circumstances in which:

(A) The person who received the majority of votes at the preferential primary election or general primary election cannot accept the nomination due to death or notifies the party that he or she will not accept the nomination due to serious illness, moving out of the area from which the person was elected as the party's nominee, or filing for another office preceding the final date for certification of nominations; or

(B) There is a tie vote for the same office at a general primary election;

(38)

(A) “Vacancy in office” means the vacancy in an elective office created by death, resignation, or other good and legal cause arising subsequent to election to the office at a general or special election or arising subsequent to taking office and before the expiration of the term of office in those circumstances wherein the vacancy must be filled by a special election rather than by appointment.

(B) “Vacancy in office” does not apply to the election of a person at a general election to fill an unexpired portion of a term of office;

(39)

(A) “Verification of voter registration” means:

(i) Presenting a document or identification card when appearing to vote in person that:

(a) Shows the name of the person to whom the document or identification card was issued;

(b) Shows a photograph of the person to whom the document or identification card was issued;

(c) Is issued by the United States, the State of Arkansas, or an accredited postsecondary educational institution in the State of Arkansas; and

(d) If displaying an expiration date, is not expired or expired no more than four (4) years before the date of the election in which the voter seeks to vote; or

(ii) Submitting with an absentee ballot verification of voter registration in the form of a copy of a document or identification card that complies with the requirements of subdivision (39)(A)(i) of this section.

(B) A document or identification card may be presented in a digital format on an electronic device if the document or identification card:

(i) Complies with the requirements of subdivision (39)(A) of this section; and

(ii) The digital format has been approved or issued by the United States, the State of Arkansas, or an accredited postsecondary educational institution in the State of Arkansas.

(C) Documents and identification cards that comply with the requirements of subdivision (39)(A) of this section include without limitation:

(i) A driver's license;

(ii) A photo identification card;

(iii) A concealed handgun carry license;

(iv) A United States passport;

(v) An employee badge or identification document issued by an accredited postsecondary educational institution in the State of Arkansas;

(vi) A United States Armed Forces identification document;

(vii) A public assistance identification card if the card shows a photograph of the person to whom the document or identification card was issued; and

(viii) A voter verification card under § 7-5-324;

(40) “Vote center” means an election day location designated by the county board of election commissioners at which a qualified elector from any precinct in the county holding the election may vote;

(41) “Voter-verified paper audit trail” means a contemporaneous paper record of a ballot printed for the voter to confirm his or her votes before the voter casts his or her ballot that:

(A) Allows the voter to verify the voter-verified paper audit trail before the casting of the voter's ballot;

(B) Is not retained by the voter;

(C) Does not contain individual voter information;

(D) Is produced on paper that is sturdy, clean, and resistant to degradation; and

(E) Is readable in a manner that makes the voter's ballot choices obvious to the voter without the use of computer or electronic code;

(42) “Voting machine” means either:

(A) A direct-recording electronic voting machine that:

(i) Records votes by means of a ballot display provided with mechanical or electro-optical components that may be actuated by the voter;

(ii) Processes the data by means of a computer program;

(iii) Records voting data and ballot images in internal and external memory components; and

(iv) Produces a tabulation of the voting data stored in a removable memory component and on a printed copy; or

(B) One (1) or more electronic devices that operate independently or as a combination of a ballot marking device and an electronic vote tabulating device; and

(43) “Voting system” means:

(A) The total combination of mechanical, electromechanical, or electronic equipment, including the software, firmware, and documentation required to program, control, and support the equipment that is used to:

(i) Define ballots;

(ii) Cast and count votes;

(iii) Report or display election results; and

(iv) Maintain and produce any audit trail information; and

(B) The practices and documentation used to:

(i) Identify system components and versions of components;

(ii) Test the system during its development and maintenance;

(iii) Maintain records of system errors and defects;

(iv) Determine specific system changes to be made to a system after the initial qualification of the system; and

(v) Make available any materials to the voter, including without limitation notices, instructions, forms, or paper ballots.

History

Acts 1969, No. 465, Art. 1, § 1; 1971, No. 261, § 1; 1977, No. 888, § 3; A.S.A. 1947, § 3-101; Acts 1987, No. 123, § 12; 1991, No. 241, § 1; 1995, No. 946, § 1; 1995, No. 963, § 1; 1997, No. 445, § 1; 1997, No. 1082, § 1; 1999, No. 1342, § 1; 2003, No. 994, § 1; 2003, No. 1731, § 1; 2005, No. 2233, § 2; 2007, No. 224, § 1; 2007, No. 1020, § 1; 2009, No. 250, § 1; 2009, No. 659, § 5; 2009, No. 959, § 2; 2009, No. 1480, § 14; 2011, No. 203, § 1; 2013, No. 595, § 1; 2013, No. 724, § 3; 2013, No. 1110, § 1; 2013, No. 1126, § 1; 2013, No. 1211, § 1; 2013, No. 1297, § 1; 2013, No. 1389, § 1; 2015, No. 1042, § 1; 2015, No. 1218, §§ 1-3; 2017, No. 633, § 4; 2017, No. 787, § 1; 2019, No. 684, § 2; 2021, No. 729, § 1.

7-1-102. Work time to be scheduled for voting — Penalty.

Each employer in the state shall schedule the work hours of employees on election days so that each employee will have an opportunity to exercise the right of franchise. Any employer who fails or refuses to comply with the provisions of this section shall upon conviction be subject to a fine of not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250).

History

Acts 1989, No. 545, § 1.

7-1-103. Miscellaneous misdemeanor offenses — Penalties — Definitions.

(a) The violation of any of the following shall be deemed misdemeanors punishable as provided in this section:

(1) It shall be unlawful for any person to appoint or offer to appoint anyone to any office or position of trust or for any person to influence, attempt to influence, or offer to influence the appointment, nomination, or election of any person to office in consideration of the support or assistance of the person for any candidate in any election in this state;

(2)

(A)

(i) It shall be unlawful for any public servant, as defined in § 21-8-402, to devote any time or labor during usual office hours toward the campaign of any other candidate for office or for the nomination to any office.

(ii) Devoting any time or labor during usual office hours toward the campaign of any other candidate for office or for the nomination to any office includes without limitation the gathering of signatures for a nominating petition.

(B) It shall be unlawful for any public servant, as defined in § 21-8-402, to circulate an initiative or referendum petition or to solicit signatures on an initiative or referendum petition in any public office of the state, county, or municipal governments of Arkansas or during the usual office hours or while on duty for any state agency or any county or municipal government in Arkansas.

(C) It shall be unlawful for any public servant, as defined in § 21-8-402, to coerce, by threats or otherwise, any public employee into devoting time or labor toward the campaign of any candidate for office or for the nomination to any office;

(3)

(A) It shall be unlawful for any public servant, as defined in § 21-8-402, to use any office or room furnished at public expense to distribute any letters, circulars, or other campaign materials unless such office or room is regularly used by members of the public for such purposes without regard to political affiliation. It shall further be unlawful for any public servant to use for campaign purposes any item of personal property provided with public funds.

(B) As used in subdivision (a)(3)(A) of this section, “campaign materials” and “campaign purposes” refer to:

(i) The campaign of a candidate for public office; and

(ii) Efforts to support or oppose a ballot measure, except as provided in § 7-1-111;

(4) It shall be unlawful for any person to assess any public employee, as defined in § 21-8-402, for any political purpose whatever or to coerce, by threats or otherwise, any public employee into making a subscription or contribution for any political purpose;

(5) It shall be unlawful for any person employed in any capacity in any department of the State of Arkansas to have membership in any political party or organization that advocates the overthrow of our constitutional form of government;

(6) It shall be unlawful for any campaign banners, campaign signs, or other campaign literature to be placed on any cars, trucks, tractors, or other vehicles belonging to the State of Arkansas or any municipality, county, or school district in the state;

(7)

(A)

(i) All articles, statements, or communications appearing in any newspaper printed or circulated in this state intended or calculated to influence the vote of any elector in any election and for the publication of which a consideration is paid or to be paid shall clearly contain the words “Paid Political Advertisement”, “Paid Political Ad”, or “Paid for by” the candidate, committee, or person who paid for the message.

(ii) Both the persons placing and the persons publishing the articles, statements, or communications shall be responsible for including the required disclaimer.

(B)

(i) All articles, statements, or communications appearing in any radio, television, or any other electronic medium intended or calculated to influence the vote of any elector in any election and for the publication of which a consideration is paid or to be paid shall clearly contain the words:

(a) “Paid political advertisement” or “paid political ad”; or

(b) “Paid for by”, “sponsored by”, or “furnished by” the true sponsor of the advertisement.

(ii) Both the persons placing and the persons publishing the articles, statements, or communications shall be responsible for including the required disclaimer;

(8)

(A) An election official acting in his or her official capacity shall not do any electioneering:

(i) On election day or any day on which early voting is allowed;

(ii) In a building in which voting is taking place; or

(iii) Within one hundred feet (100') of the primary exterior entrance used by voters to a building in which voting is taking place.

(B) On early voting days and election day, a person shall not do any electioneering during voting hours:

(i) In a building in which voting is taking place;

(ii) Within one hundred feet (100') of the primary exterior entrance used by voters to a building in which voting is taking place; or

(iii) With persons standing in line to vote.

(C)

(i) As used in this subdivision (a)(8), “electioneering” means the display of or audible dissemination of information that advocates for or against any candidate, issue, or measure on a ballot.

(ii) “Electioneering” includes without limitation the following:

(a) Handing out, distributing, or offering to hand out or distribute campaign literature or literature regarding a candidate, issue, or measure on the ballot;

(b) Soliciting signatures on a petition;

(c) Soliciting contributions for a charitable or other purpose;

(d) Displaying a candidate's name, likeness, or logo;

(e) Displaying a ballot measure's number, title, subject, or logo;

(f) Displaying or dissemination of buttons, hats, pencils, pens, shirts, signs, or stickers containing electioneering information; and

(g) Disseminating audible electioneering information.

(iii) “Electioneering” does not include:

(a) The presentation of a candidate's identification by the candidate under Arkansas Constitution, Amendment 51, § 13; or

(b) The display of a ballot measure in the polling place as required under § 7-5-202;

(9) No election official shall perform any of the duties of the position before taking and subscribing to the oath provided for in § 7-4-110;

(10) No person applying for a ballot shall swear falsely to any oath administered by the election officials with reference to his or her qualifications to vote;

(11) No person shall willfully cause or attempt to cause his or her own name to be registered in any other election precinct than that in which he or she is or will be before the next ensuing election qualified as an elector;

(12) During any election, no person shall remove, tear down, or destroy any booths or supplies or other conveniences placed in any booth or polling site for the purpose of enabling the voter to prepare his or her ballot;

(13) No person shall take or carry any ballot obtained from any election official outside of the polling room or have in his or her possession outside of the polling room before the closing of the polls any ballot provided by any county election commissioner;

(14) No person shall furnish a ballot to any elector who cannot read informing him or her that it contains a name or names different from those that are written or printed thereon or shall change or mark the ballot of any elector who cannot read so as to prevent the elector from voting for any candidate, act, section, or constitutional amendment as the elector intended;

(15) No election official or other person shall unfold a ballot or without the express consent of the voter ascertain or attempt to ascertain any vote on a ballot before it is placed in the ballot box;

(16) No person shall print or cause to be printed any ballot for any election held under this act with the names of the candidates appearing thereon in any other or different order or manner than provided by this act;

(17) No election official shall permit the vote of any person to be cast in any election precinct in this state in any election legally held in this state when the person does not appear in person at the election precinct and actually cast the vote. This subdivision (a)(17) shall not apply to persons entitled to cast absentee ballots;

(18)

(A) No person shall vote or offer to vote more than one (1) time in any election held in this state, either in person or by absentee ballot, or shall vote in more than one (1) election precinct in any election held in this state.

(B) No person shall cast a ballot or vote in the preferential primary of one (1) political party and then cast a ballot or vote in the general primary of another political party in this state;

(19) No person shall:

(A) Vote, knowing himself or herself not to be entitled to vote;

(B) Vote more than once at any election or knowingly cast more than one (1) ballot or attempt to do so;

(C) Provide assistance to a voter in marking and casting the voter's ballot except as provided in § 7-5-310;

(D) Alter or attempt to alter any ballot after it has been cast;

(E) Add or attempt to add any ballot to those legally polled at any election either by fraudulently introducing it into the ballot box before or after the ballots have been counted or at any other time or in any other manner with the intent or effect of affecting the count or recount of the ballots;

(F) Withdraw or attempt to withdraw any ballot lawfully polled with the intent or effect of affecting the count or recount of the ballots; or

(G) In any manner interfere with the officials lawfully conducting the election or the canvass or with the voters lawfully exercising their right to vote at the election;

(20) No person shall make any bet or wager upon the result of any election in this state;

(21) No election official, poll watcher, or any other person in or out of this state in any primary, general, or special election in this state shall divulge to any person the results of any votes cast for any candidate or on any issue in the election until after the closing of the polls on the day of the election. The provisions of this subdivision (a)(21) shall not apply to any township or precinct in this state in which all of the registered voters therein have voted prior to the closing of the polls in those instances in which there are fifteen (15) or fewer registered voters in the precinct or township;

(22) Any person, election official, county clerk, or deputy clerk who violates any provisions of the absentee voting laws, § 7-5-401 et seq., shall be punished as provided in this section;

(23) No person applying to be placed on a ballot for any public office shall knowingly provide false information with reference to his or her qualifications; and

(24) A person shall not enter or remain in an area within one hundred feet (100′) of the primary exterior entrance to a building where voting is taking place except for a person entering or leaving a building where voting is taking place for lawful purposes.

(b)

(1) Except as otherwise provided, the violation of any provision of this section shall be a Class A misdemeanor.

(2)

(A) Any person convicted under the provisions of this section shall thereafter be ineligible to hold any office or employment in any of the departments in this state.

(B)

(i) If any person is convicted under the provisions of this section while employed by any of the departments of this state, he or she shall be removed from employment immediately.

(ii) If any person is convicted under the provisions of this section while holding public office, the conviction shall be deemed a misfeasance and malfeasance in office and shall subject the person to impeachment.

(3) A person convicted of a misdemeanor offense as listed in this section shall be barred from serving as an election official in subsequent elections.

(c) Any violation of this act not covered by this section and § 7-1-104 shall be considered a Class A misdemeanor and shall be punishable as such.

History

Acts 1969, No. 465, Art. 11, § 4; 1970 (1st Ex. Sess.), No. 3, § 1; 1971, No. 261, § 24; 1981, No. 327, § 1; A.S.A. 1947, § 3-1104; Acts 1987, No. 395, § 1; 1989, No. 505, § 2; 1991, No. 241, § 2; 1991, No. 786, § 4; 1995, No. 497, § 1; 1995, No. 1085, § 1; 1997, No. 445, § 2; 1997, No. 1121, § 1; 1999, No. 553, § 1; 1999, No. 1525, § 1; 2001, No. 795, § 1; 2001, No. 926, § 1; 2001, No. 1839, § 1; 2005, No. 1284, § 1; 2007, No. 221, § 1; 2009, No. 310, § 1; 2009, No. 473, § 1; 2009, No. 658, § 1; 2011, No. 721, § 1; 2013, No. 312, § 1; 2019, No. 533, § 1; 2021, No. 416, § 1; 2021, No. 728, § 1; 2021, No. 974, § 1.

7-1-104. Miscellaneous felonies — Penalties.

(a) The following offenses shall be deemed felonies punishable as provided in this section:

(1) No person shall falsely make or fraudulently destroy any certificate of nominations or any part thereof, file any certificate of nominations knowing the certificate or any part thereof to be false, suppress any nomination or any part thereof which has been filed, or forge or falsely write the name or initials of any election official on any ballot;

(2) No public official or other person shall in any manner willfully or corruptly permit any person not entitled to register for the purpose of voting to register, nor shall a public official or other person forge or attempt to forge a registration;

(3) No person shall vote in any election in the state unless the person is a qualified elector of this state and has registered to vote in the manner provided by law;

(4) It shall be unlawful for any person to offer, accept, receive, or pay any person any money, goods, wares, or merchandise or solicit any money, goods, wares, or merchandise for the purpose of influencing his or her vote during the progress of any election in this state;

(5) It shall be unlawful for any person to make any threat or attempt to intimidate any elector or the family, business, or profession of the elector;

(6) It shall be unlawful for any person to interfere with or to prevent any qualified elector from voting at any election or to attempt to interfere with or to prevent any qualified elector from voting at any election, provided that this subdivision (a)(6) shall not prohibit good faith challenges of ballots or voters according to law by candidates, authorized representatives of candidates, political parties, or ballot issues;

(7) It shall be unlawful for any person to attend any polling site on election day and hand out or give away any campaign cards, placards, or other articles for the purpose of influencing the electors to vote for any candidate, except in the manner now provided by law;

(8)

(A) It shall be unlawful for a person with the intent to defraud a voter or an election official to possess an absentee ballot issued to another.

(B) The possession by a person of more than four (4) absentee ballots creates a rebuttable presumption of intent to defraud.

(C) The presumption under subdivision (a)(8)(B) of this section does not apply to:

(i) An employee of the United States Postal Service performing the normal course of the employee's authorized duties;

(ii) A common or contract carrier performing the normal course of the carrier's authorized duties;

(iii) The administrative head of a long-term care or residential care facility licensed by the state authorized by a voter under Arkansas law; or

(iv) An election official acting in his or her official capacity;

(9) No person shall tamper with a voting machine or fraudulently affect or attempt to affect its results;

(10) No person may cast a ballot in more than one (1) party primary election on the same day in this state or for candidates for more than one (1) political party;

(11) No person shall vote in any election more than one (1) vote;

(12) No person shall vote or attempt to vote other than his or her legal ballot;

(13) No election official shall knowingly permit any person to vote other than his or her legal ballot in any election;

(14) No election official or other person shall fraudulently permit any person to vote illegally, refuse the vote of any qualified elector, or cast up or make a false return of any election;

(15) No election official or other person shall willfully make a false count of any election ballots or falsely or fraudulently certify the returns of any election;

(16) No person shall fraudulently change, alter, or obliterate the poll books or books of any election or break any seals upon any ballot box, voting machine, or stub box, except as authorized by law;

(17) No person shall contrive, alter, forge, counterfeit, detain, mutilate, steal, secrete, or destroy any election returns or election materials for the purpose of hindering or preventing or falsely reporting a tabulation or check of the returns; and

(18) Any person who violates the provisions of § 7-5-702 or who shall disclose how any voter may have voted unless compelled to do so in a judicial proceeding shall be deemed guilty of a Class D felony and punished as provided in this section.

(b)

(1) Any person convicted of a felony as defined in this section shall be guilty of a Class D felony.

(2)

(A) Any person convicted of a felony as defined in this section shall be barred from holding public office or employment in any of the departments of the state from the date of his or her conviction.

(B)

(i) If the person is employed by any of the departments of this state at the time of his or her conviction, he or she shall be removed from employment immediately.

(c) A person convicted of a felony as listed in this section shall be barred from serving as an election official in subsequent elections.

History

Acts 1969, No. 465, Art. 11, § 5; A.S.A. 1947, § 3-1105; Acts 1995, No. 497, § 1; 1995, No. 1085, § 1; 1997, No. 445, § 3; 1999, No. 655, § 1; 2001, No. 1553, § 17; 2003, No. 1458, § 1; 2005, No. 1677, § 1; 2009, No. 658, § 2; 2021, No. 736, § 1; 2021, No. 974, § 2.

7-1-105. Majority of qualified electors.

Whenever any law of this state shall require that a proposition or question shall be adopted by a majority of the qualified electors of this state, of a city, or of a county based on the total number of electors of the state, city, or county, appearing on the certified list of all qualified electors thereof, the majority required for the adoption of the proposition or question hereafter shall be deemed to be the majority of the qualified electors of the state, city, or county voting on the proposition or question at the election.

History

Acts 1969, No. 465, Art. 13, § 3; A.S.A. 1947, § 3-1303; Acts 1997, No. 445, § 4.

7-1-106. Election laws expert.

The Secretary of State shall designate at least one (1) member of his or her staff to become knowledgeable of the election laws as they pertain to elections in the State of Arkansas for the purpose of answering procedural questions concerning elections and to aid the candidates and their agents in filing for election.

History

Acts 1977, No. 312, § 8; A.S.A. 1947, § 3-1314.

7-1-108. Election law deadlines.

If an election law deadline occurs on a Saturday, Sunday, or legal holiday, the deadline shall be the next day which is not a Saturday, Sunday, or legal holiday.

History

Acts 1999, No. 653, § 1.

7-1-109. Enforcement of election laws.

Following a written complaint concerning any election law violation or irregularity to the county board of election commissioners, the written complaint shall be sent by the county board of election commissioners to the State Board of Election Commissioners for evaluation.

History

Acts 2003, No. 270, § 1; 2021, No. 952, § 1.

7-1-110. Voting information on internet website.

The Secretary of State shall provide on his or her internet website a mechanism to allow a person to enter his or her home address and retrieve information concerning the person's polling location, precinct, state representative, and state senator.

History

Acts 2003, No. 1167, § 1.

7-1-111. Use of public funds to support or oppose ballot measure — Definitions.

(a) As used in this section:

(1) “Governmental body” means the same as defined in § 21-8-402;

(2) “Public funds” means funds, moneys, receivables, grants, investments, instruments, real or personal property, or other assets, liabilities, equities, revenues, receipts, or disbursements belonging to, held by, or passed through a governmental body; and

(3)

(A) Except as provided in subdivision (a)(3)(B) of this section, “public servant” means an individual who is:

(i) Employed by a governmental body;

(ii) Appointed to serve a governmental body; or

(iii) Appointed to a governmental body.

(B) “Public servant” does not include:

(i) An elected official; or

(ii) A person appointed to an elective office.

(b) It is unlawful for a public servant or a governmental body to expend or permit the expenditure of public funds to support or oppose a ballot measure.

(c) This section does not:

(1) Limit the freedom of speech of a public servant or government body, including without limitation verbal expressions of views supporting or opposing a ballot measure;

(2) Prohibit a governmental body from expressing an opinion on a ballot measure through the passage of a resolution or proclamation;

(3) Prohibit the incidental use of state resources by a public servant, including without limitation travel costs, when speaking at an event in which a ballot measure is discussed if the subject matter of the speaking engagement is within the scope of the official duties and responsibilities of the public servant; or

(4) Prohibit the dissemination of public information at a speaking engagement and the incidental use of state resources in the analysis and preparation of that public information if the subject matter of the public information is within the scope of the official duties and responsibilities of the public servant.

(d)

(1) Except as provided under subdivision (d)(2) of this section, a violation of this section is a Class A misdemeanor.

(2)

(A) A public servant who is found guilty or pleads guilty or nolo contendere to a violation under this section is ineligible to hold any office, employment, or appointment in a governmental body.

(B) If a public servant is found guilty or pleads guilty or nolo contendere to a violation under this section while employed by a governmental body, he or she shall be removed from employment immediately.

History

Acts 2013, No. 312, § 2.

7-1-112. Destruction of a ballot or ballot materials — Prohibited — Definitions.

(a) A person shall not knowingly destroy a ballot or ballot-related material required to be preserved by law until after:

(1) Two (2) years after the certification of the results of the election; and

(2) The county board of election commissioners has entered an order, created a record to be maintained, and filed the order for destruction of the ballot or ballot-related material.

(b)

(1) As used in this section, “ballot or ballot-related material” means a ballot or other form that is:

(A) Provided to a person representing himself or herself as the voter or his or her agent by a county clerk, member of a county board of election commissioners, or poll worker; and

(B) Returned by the person representing himself or herself as a voter or his or her agent for the purpose of voting in an election.

(2) “Ballot or ballot-related material” includes without limitation:

(A) A ballot that has been completed, cast, abandoned, or spoiled;

(B) A ballot stub or certificate from a ballot that has been completed, cast, abandoned, or spoiled;

(C) A voter statement that has been submitted to the county clerk;

(D) An envelope that contains a ballot;

(E) An affidavit provided to the county clerk;

(F) An absentee ballot list maintained under § 7-5-416;

(G) An absentee ballot application; and

(H) A list of applications for an absentee ballot under § 7-5-408.

(c) A person who is convicted under this section is guilty of an unclassified felony and shall:

(1) Be sentenced to a term of no less than one (1) year and no more than six (6) years; and

(2) Pay a fine of up to ten thousand dollars ($10,000).

History

Acts 2013, No. 1261, § 1.

7-1-113. Vote centers.

(a)

(1) The county board of election commissioners may establish one (1) or more vote centers in the county on election day under § 7-5-101.

(2) A vote center shall be available to any qualified elector registered to vote in the county who applies to the county board of election commissioners while the polls are open on election day.

(b) If a vote center is used in an election, the vote center shall have a secure electronic connection to provide voting information to and receive voting information from a computerized registration book maintained by the county clerk.

(c) Before a person is permitted to cast a vote at a vote center, the election official shall:

(1) Request that the voter identify himself or herself by stating his or her name, date of birth, and address in order to verify his or her registration and provide identification as required by law;

(2) Request that the voter provide identification as required by law;

(3) If the voter's name or address is not the same as that in the county voter registration record files, request that the voter complete an updated voter registration application form; and

(4)

(A) Request that the voter sign a voting roster or voting request form that identifies his or her name, address, date of birth, and the date on the roster or form.

(B) The voting roster or voting request form shall contain the written or printed precinct number or ballot style of the voter.

(d) If the voter is not listed in the electronic county voter registration files, the election official is unable to verify the voter's registration, and the voter contends that he or she is eligible to vote, the voter shall be directed to his or her polling site for the voter's precinct to cast a ballot.

(e) The county board of election commissioners shall furnish a vote center location that adequately allows the voter to personally and secretly execute his or her vote.

(f) The Secretary of State shall promulgate rules for the vote centers that:

(1) Designate the electronic equipment to be used to verify the registration record of a voter;

(2) Establish standards for the maintenance and use of the equipment used at a vote center;

(3) Establish standards for the testing and backup of the equipment used at a vote center;

(4) Establish standards for a secure electronic connection between a vote center and a county's computerized registration book; and

(5) Establish procedures for the conduct of the vote center in the event that the electronic system fails.

History

Acts 2013, No. 1389, § 2; 2015, No. 1042, § 2.

7-1-114. Display of campaign literature on vehicle of candidate or public official while on State Capitol grounds.

(a) It is unlawful for a candidate or a public official, as defined in § 21-8-402, to display one (1) or more campaign banners, campaign signs, or other campaign literature larger than twelve inches by twelve inches (12″ x 12″) on a car, truck, tractor, or other vehicle belonging to the candidate or public official while on the State Capitol grounds.

(b) The Arkansas Ethics Commission shall promulgate rules concerning the enforcement of this section, including without limitation providing for the imposition of a fine for violations of this section that shall not exceed one hundred fifty dollars ($150).

History

Acts 2015, No. 1280, § 2.

7-2-101. Number of congressional districts.

The State of Arkansas is hereby divided into four (4) congressional districts, provided that the members of the United States House of Representatives presently serving from each of the existing congressional districts of this state shall continue to serve until the expiration of their current terms, and successor congressmen shall be elected from the congressional districts as established in this subchapter. It is the intention of this subchapter to provide for congressional districts of substantially equal population in order to comply with the Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States.

History

Acts 1991, No. 1220, § 1; 2001, No. 1840, § 1.

7-2-102. First Congressional District.

(a) The First Congressional District shall be composed of:

(1) The counties of Arkansas, Baxter, Boone, Chicot, Clay, Craighead, Crittenden, Cross, Desha, Fulton, Greene, Independence, Izard, Jackson, Lawrence, Lee, Lincoln, Lonoke, Marion, Mississippi, Monroe, Phillips, Poinsett, Prairie, Randolph, St. Francis, Searcy, Sharp, Stone, and Woodruff; and

(2) The following voting precincts of Pulaski County as they existed on January 1, 2021:

(A) 047;

(B) 054; and

(C) 055.

(b) The qualified electors residing in the counties and portions of Pulaski County listed under subsection (a) of this section shall elect one (1) member of the United States House of Representatives.

History

Acts 1991, No. 1220, § 2; 2001, No. 1840, § 2; 2011, No. 1241, § 1; 2011, No. 1242, § 1; 2021 (Extended Sess.), No. 1114, § 1; 2021 (Extended Sess.), No. 1116, § 1.

7-2-103. Second Congressional District.

(a) The Second Congressional District shall be composed of:

(1) The counties of Cleburne, Conway, Faulkner, Perry, Saline, Van Buren, and White; and

(2) The voting precincts of Pulaski County as they existed on January 1, 2021, that are not listed under § 7-2-102(a)(2) or § 7-2-105(a)(2).

History

Acts 1991, No. 1220, § 3; 2001, No. 1840, § 3; 2011, No. 1241, § 1; 2011, No. 1242, § 1; 2021 (Extended Sess.), No. 1114, § 1; 2021 (Extended Sess.), No. 1116, § 1.

7-2-104. Third Congressional District.

(a) The Third Congressional District shall be composed of:

(1) The counties of Benton, Carroll, Crawford, Madison, and Washington; and

(2) The voting precincts of Sebastian County as they existed on January 1, 2021, that are not listed under § 7-2-105(a)(3).

(b) The qualified electors residing in the counties and portions of Sebastian County listed under subsection (a) of this section shall elect one (1) member of the United States House of Representatives.

History

Acts 1991, No. 1220, § 4; 2001, No. 1840, § 4; 2011, No. 1241, § 1; 2011, No. 1242, § 1; 2021 (Extended Sess.), No. 1114, § 1; 2021 (Extended Sess.), No. 1116, § 1.

7-2-105. Fourth Congressional District.

(a) The Fourth Congressional District shall be composed of:

(1) The counties of Ashley, Bradley, Calhoun, Clark, Cleveland, Columbia, Dallas, Drew, Franklin, Garland, Grant, Hempstead, Hot Spring, Howard, Jefferson, Johnson, Lafayette, Little River, Logan, Miller, Montgomery, Nevada, Newton, Ouachita, Pike, Polk, Pope, Scott, Sevier, Union, and Yell;

(2) The following voting precincts of Pulaski County as they existed on January 1, 2021:

(A) 103;

(B) 104;

(C) 105;

(D) 124;

(E) 125;

(F) 126;

(G) 127;

(H) 131;

(I) 132;

(J) 133; and

(K) 135; and

(3) The following voting precincts of Sebastian County as they existed on January 1, 2021:

(A) 9-2K;

(B) 9-2L;

(C) 9-3A;

(D) 9-3B;

(E) 9-3C;

(F) 9-3D;

(G) 9-3E;

(H) 9-3F;

(I) 9-3G;

(J) 9-3H;

(K) 9-3I;

(L) 9-3J;

(M) 9-3K;

(N) 9-3L;

(O) 9-3M;

(P) 9-3N;

(Q) 9-3O;

(R) 9-3P; and

(S) 9-4F.

(b) The qualified electors residing in the counties and portions of Pulaski County and Sebastian County listed under subsection (a) of this section shall elect one (1) member of the United States House of Representatives.

History

Acts 1991, No. 1220, § 5; 2001, No. 1840, § 5; 2011, No. 1241, § 1; 2011, No. 1242, § 1; 2021 (Extended Sess.), No. 1114, § 1; 2021 (Extended Sess.), No. 1116, § 1.

7-3-101. Duties and powers.

(a) Subject to the provisions of this act and other applicable laws of this state, organized political parties shall:

(1) Prescribe the qualifications of their own membership;

(2) Prescribe the qualifications for voting in their party primaries; and

(3) Establish rules and procedures for their own organization.

(b)

(1) An organized political party shall provide current copies of its adopted rules and procedures to the Secretary of State and the State Board of Election Commissioners.

(2) The obligation under subdivision (b)(1) of this section is a continuing obligation, and as rules and procedures are amended the political party shall continue to provide updated and current copies of the rules and procedures.

History

Acts 1969, No. 465, Art. 1, § 2; 1971, No. 261, § 2; A.S.A. 1947, § 3-102; Acts 1995, No. 901, § 1; 2019, No. 648, § 1.

7-3-102. National committee members.

The national committeeman and national committeewoman of political parties of this state shall be selected in the manner provided in the party rules of the respective political parties in this state.

History

Acts 1969, No. 465, Art. 1, § 2; A.S.A. 1947, § 3-102.

7-3-103. State committee members.

(a) The members of the state committee of political parties in this state shall be elected in accordance with respective political party rules.

(b) The term of office of the members of a state committee shall begin from their election, and they shall hold office until their successors are elected and qualified as provided under respective political party rules.

History

Acts 1969, No. 465, Art. 1, § 2; 1971, No. 261, § 2; A.S.A. 1947, § 3-102; Acts 2019, No. 648, § 2.

7-3-104. County committee members.

(a)

(1) The members of the county committee of political parties from each election precinct, township, or city ward shall be elected in accordance with respective political party rules.

(2)

(A) Except as provided in subdivision (a)(2)(B) of this section, the county board of election commissioners shall place on the ballot of the primary election the names of all persons seeking election as members of the county committee who have filed a written pledge to abide by the results of the primary, if any is required by the rules of the political party, and who have paid the filing fee, if any, assessed therefor.

(B) When only one (1) candidate qualifies for a particular position on the county committee, the candidate's name shall be omitted from the ballot and the candidate shall be selected to serve in the particular position in the same manner as if the position had been voted upon at the primary election.

(3) If candidates for any county committee membership positions have not qualified as provided in this section within the time required for candidates to qualify, the county committee shall select candidates for committee members at any public meeting of the county committee held after the ticket has closed and prior to the time the primary election ballots are printed.

(4) Vacancies in the county committee shall be filled by the county committee.

(b)

(1) Each person elected or appointed the county chair of the county committee of a political party shall notify the state chair of the respective party in writing within ten (10) days after his or her election or appointment.

(2)

(A) It shall be the duty of the state party chair to keep on file with the Secretary of State a complete list of the county chairs and to notify promptly the Secretary of State of any death, resignation, disqualification, or vacancy in the office of any county chair and of the election of a new chair to fill vacancies thus created.

(B) Upon receipt of that information, the Secretary of State shall record the information, which shall be a public record.

History

Acts 1969, No. 465, Art. 1, § 3; A.S.A. 1947, § 3-103; Acts 1997, No. 444, § 1; 2005, No. 67, § 1; 2007, No. 222, § 2; 2019, No. 648, § 3.

7-3-105. County convention delegates — Selection — Vacancy.

(a) Delegates to the county convention shall be elected in accordance with respective political party rules.

(b) The county committee may place on the ballot of the primary election the names of all persons seeking election as a county convention delegate who shall have filed a written pledge to abide by the results of the primary, if any is required by the rules of the political party, and shall have paid the ballot fee, if any, assessed therefor.

(c) If candidates for county convention delegates have not qualified as herein provided within the time required for candidates to qualify, the county committee shall select candidates or delegates to the county convention at any public meeting of the committee held after the ticket has closed and prior to the time the primary election ballots are printed.

(d) Any vacancies existing or occurring in any of the positions of delegates after the primary election or elections have been held may be filled by the county committee.

History

Acts 1969, No. 465, Art. 1, § 4; A.S.A. 1947, § 3-104; Acts 2019, No. 648, § 4.

7-3-106. County convention — Primary election results — Selection of state and national delegates — Vacancies.

(a) Each political party holding a primary election shall at the time required in § 7-7-203(f) hold a county convention composed of delegates elected at the primary election in each township and ward.

(b)

(1) The county convention shall receive from the county board of election commissioners a list of all nominated candidates for county, township, and municipal offices and the political party's county committee members and delegates and select delegates and alternates to all conventions held by the political party.

(2) However, the state committee of the political party may make rules for the election of delegates to the national convention of the political party, and the delegates may be elected before the primary elections.

(c)

(1) Vacancies in the delegation to a convention arising from death, absence, resignation, or ineligibility shall be filled by the alternates in the order of their selection.

(2) In the absence of alternates, vacancies shall be filled by the remaining members of the delegation.

History

Acts 1969, No. 465, Art. 1, § 4; A.S.A. 1947, § 3-104; Acts 1997, No. 444, § 2.

7-3-107. State convention — Declaration of election results and nominees — Certificates.

After a primary election for the selection of nominees for United States, state, or district offices, each political party shall hold a state convention following the biennial general primary election for the purpose of:

(1) Receiving from the Secretary of State the certification of the election results for all United States, state, and district offices. Each party shall furnish to each successful nominee a certificate of nomination; and

(2) Performing other duties as may be required by party rules or by law.

History

Acts 1969, No. 465, Art. 1, § 2; 1971, No. 261, § 2; A.S.A. 1947, § 3-102; Acts 1997, No. 444, § 3.

7-3-108. Subversive parties — New parties — Affidavit required — Penalty.

(a) A political party shall not be recognized, qualified to participate, or permitted to have the names of its candidates printed on the ballot in any election in this state that:

(1) Either directly or indirectly advocates, teaches, justifies, aids, or abets the overthrow by force or violence, or by any unlawful means, of the government of the United States or this state, or an act of terrorism as described by § 5-54-205; or

(2) Directly or indirectly carries on, advocates, teaches, justifies, aids, or abets a program of sabotage, force and violence, sedition, or treason against the government of the United States or this state.

(b)

(1) A newly organized political party shall not be recognized, qualified to participate, or permitted to have the names of its candidates printed on the ballot in any election in this state until it has filed an affidavit, by the officers of the party in this state under oath, that:

(A) It does not either directly or indirectly advocate, teach, justify, aid, or abet the overthrow by force or violence or by any unlawful means of the government of the United States or this state, or an act of terrorism as described by § 5-54-205; or

(B) It does not directly or indirectly carry on, advocate, teach, justify, aid, or abet a program of sabotage, force and violence, sedition, or treason against the government of the United States or this state.

(2) The affidavit shall be filed with the Secretary of State.

(c) Any person who violates any provision of this section shall be guilty of a Class A misdemeanor.

History

Acts 1969, No. 465, Art. 11, § 7; A.S.A. 1947, § 3-1107; Acts 1997, No. 444, § 4; 2001, No. 1553, § 18; 2005, No. 1994, § 484; 2013, No. 1126, § 2.

7-4-101. State Board of Election Commissioners — Members — Officers — Meetings.

(a) The State Board of Election Commissioners shall be composed of the following seven (7) persons, with at least one (1) from each congressional district:

(1) The Secretary of State;

(2) One (1) person designated by the chair of the state Democratic Party;

(3) One (1) person designated by the chair of the state Republican Party;

(4) One (1) person to be chosen by the President Pro Tempore of the Senate;

(5) One (1) person to be chosen by the Speaker of the House of Representatives; and

(6) Two (2) persons to be chosen by the Governor, one (1) of whom shall be a county clerk and one (1) of whom shall have served for at least three (3) years as a county election commissioner.

(b) The Secretary of State shall serve as the Chair of the State Board of Election Commissioners and the Secretary of the State Board of Election Commissioners.

(c) Except for the Secretary of State and the county clerk, no member of the State Board of Election Commissioners shall be an elected public official.

(d)

(1) The term on the State Board of Election Commissioners of the Secretary of State shall be concurrent with his or her term in office.

(2) The county clerk shall hold the office of county clerk when appointed to the State Board of Election Commissioners and shall be removed as a member of the State Board of Election Commissioners if not in office.

(3)

(A) Members of the State Board of Election Commissioners appointed by the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall be appointed for terms of two (2) years and shall continue to serve until successors have been appointed and taken the official oath.

(B) All other appointive members shall be appointed for terms of four (4) years and shall continue to serve until successors have been appointed and taken the official oath.

(4) No appointive member shall be appointed to serve more than two (2) consecutive full terms.

(5)

(A) If a vacancy on the State Board of Election Commissioners occurs, a successor shall be appointed within thirty (30) days to serve the remainder of the unexpired term.

(B) The appointment shall be made by the official holding the office responsible for appointing the predecessor.

(e)

(1) The State Board of Election Commissioners shall meet as needed upon call of the chair or upon written request to the chair of any four (4) members.

(2) A majority of the membership of the State Board of Election Commissioners shall constitute a quorum for conducting business.

(3) No sanctions shall be imposed without the affirmative vote of at least four (4) members of the State Board of Election Commissioners.

(4) A meeting of the State Board of Election Commissioners may be chaired and conducted by:

(A) The Chair of the State Board of Election Commissioners; or

(B)

(i) A person designated by the Chair of the State Board of Election Commissioners to act as chair for the meeting.

(ii) If a person is designated by the Chair of the State Board of Election Commissioners under subdivision (e)(4)(B)(i) of this section:

(a) The designated person's presence shall count for a quorum to conduct business; and

(b) The designated person may vote in the meeting.

(f) The State Board of Election Commissioners shall have the authority to:

(1) Publish a candidate's election handbook, in conjunction with the office of the Secretary of State and the Arkansas Ethics Commission, which outlines in a readable and understandable format the legal obligations of a candidate and any other suggestions that might be helpful to a candidate in complying with state election law;

(2) Conduct statewide training for election officers and county election commissioners;

(3) Adopt all necessary rules regarding training referred to in subdivision (f)(2) of this section and develop procedures for monitoring attendance;

(4) Monitor all election law-related legislation;

(5) Formulate, adopt, and promulgate all necessary rules to assure even and consistent application of voter registration laws and fair and orderly election procedures;

(6)

(A) Appoint at least one (1) certified election monitor to a county upon a signed, written request under oath filed with the State Board of Election Commissioners and a determination by the State Board of Election Commissioners that appointing a monitor is necessary.

(B) The State Board of Election Commissioners shall certify at least one (1) election monitor in each congressional district.

(C) Certified election monitors shall serve as observers for the purpose of reporting to the State Board of Election Commissioners on the conduct of the election.

(D) The State Board of Election Commissioners may allow for reasonable compensation for election monitors;

(7) Assist the county board of election commissioners in the performance of administrative duties of the election process if the State Board of Election Commissioners determines that assistance is necessary and appropriate;

(8)

(A) Formulate, adopt, and promulgate all necessary rules to establish uniform and nondiscriminatory administrative complaint procedures consistent with the requirements of Title IV of the federal Help America Vote Act of 2002.

(B) The cost of compliance with Title IV of the federal Help America Vote Act of 2002 shall be paid from the fund established to comply with the federal Help America Vote Act of 2002;

(9) Investigate alleged violations, render findings, and impose disciplinary action according to § 7-4-120 for violations of election and voter registration laws, except as to § 7-1-103(a)(1)-(4), (6), and (7), and except for any matters relating to campaign finance and disclosure laws which the Arkansas Ethics Commission shall have the power and authority to enforce according to §§ 7-6-217 and 7-6-218;

(10) Examine and approve in accordance with §§ 7-5-503 and 7-5-606 the types of voting machines and electronic vote tabulating devices used in any election;

(11) Administer reimbursement of election expenses to counties in accordance with § 7-7-201(a) for primary elections, statewide special elections, and nonpartisan general elections;

(12) Consider the certification of the ballot title and popular name submitted on a statewide initiative petition or statewide referendum petition under § 7-9-111;

(13) Conduct post-election audits under § 7-4-121;

(14) Formulate, adopt, and promulgate rules to establish procedures for post-election audits conducted under § 7-4-121;

(15) Consider an appeal filed to challenge a reduction in the number of polling sites in a county by a county board of election commissioners under § 7-5-101; and

(16) Formulate, adopt, and promulgate rules for governing the appeal of a county board of election commissioners' reduction in the number of polling sites in a county under § 7-5-101.

(g) The Attorney General shall provide legal assistance to the State Board of Election Commissioners in answering questions regarding election laws.

(h)

(1) The State Board of Election Commissioners may appoint a Director of the State Board of Election Commissioners, who may hire a staff.

(2) The director shall serve at the pleasure of the State Board of Election Commissioners.

(3) The State Board of Election Commissioners shall set the personnel policies in accordance with the Regular Salary Procedures and Restrictions Act, §§ 19-4-1601 and 21-5-101, and the Uniform Classification and Compensation Act, § 21-5-201 et seq.

History

Acts 1969, No. 465, Art. 5, §§ 2, 3; 1977, No. 783, § 1; A.S.A. 1947, §§ 3-502, 3-503; Acts 1993, No. 1092, § 1; 1995, No. 349, § 3; 1995, No. 352, § 3; 1995, No. 741, § 1; 1995, No. 929, § 1; 1995, No. 940, § 1; 1995, No. 1217, § 5; 1997, No. 647, § 1; 1999, No. 997, § 1; 2001, No. 1174, § 1; 2003, No. 994, § 14; 2003, No. 1161, § 1; 2005, No. 1827, § 1; 2007, No. 559, § 1; 2009, No. 250, § 2; 2013, No. 977, § 1; 2013, No. 1110, § 2; 2013, No. 1456, § 1; 2019, No. 376, § 2; 2019, No. 888, § 1; 2021, No. 1063, § 1.

7-4-102. County boards of election commissioners — Election of members — Oath.

(a)

(1)

(A) In January of each odd-numbered year following the election of county committee officers, members of the county board of election commissioners shall be elected by their respective county committees.

(B) A chair or secretary of a county political party shall not serve as a member of the county board of election commissioners.

(2) The membership of the county board of election commissioners shall be as follows:

(A) Two (2) members elected by the county committee of the majority party; and

(B) One (1) member elected by the county committee of the minority party.

(b)

(1) Within ten (10) days of the date of selection to the county board of election commissioners, the chair or secretary of each county committee shall notify the county clerk in writing of the names and addresses of those selected to serve on the county board of election commissioners.

(2)

(A) Upon receipt of the notice, the county clerk shall send to each of the county election commissioners, by registered mail, within thirty (30) days of selection as a county election commissioner, a notice to take and subscribe to the oath prescribed by the Arkansas Constitution.

(B) A county election commissioner shall take the oath before:

(i) A justice or judge of the:

(a) Supreme Court;

(b) Court of Appeals;

(c) Circuit court;

(d) District court; or

(e) County court;

(ii) The county clerk;

(iii) The clerk of the circuit court; or

(iv) A justice of the peace.

(3) The oath shall be filed in the office of the county clerk and the county clerk shall forward a duplicate to the Secretary of State.

(c) As soon as practicable following the election of members to the county board of election commissioners, the chair of the majority party of the county shall file with the county clerk and the Secretary of State a notice setting forth the names of the majority party's designated members of the county board of election commissioners, and the chair of the minority party shall file with the county clerk and the Secretary of State a notice setting forth the name of the minority party's member of the county board of election commissioners.

(d) The county board of election commissioners is deemed to consist of county officials, and its members shall be immune from tort liability pursuant to § 21-9-301.

(e) A member of the county board of election commissioners shall serve at the pleasure of his or her respective county committee, and a county committee may remove a member of the county board of election commissioners representing the county committee by majority vote of the county committee.

(f)

(1) A vacancy on the county board of election commissioners shall be filled by the election of a new member by the county committee of the appropriate party.

(2)

(A) The county committee shall elect a new member within forty-five (45) days of a vacancy.

(B) If the county committee fails to elect a new member within forty-five (45) days of a vacancy, the state chair of the appropriate party shall appoint a new member to the county board of election commissioners.

History

Acts 1969, No. 465, Art. 5, § 2; A.S.A. 1947, § 3-502; Acts 1987, No. 248, § 4; 1989, No. 522, § 1; 1989 (3rd Ex. Sess.), No. 73, § 1; 1993, No. 843, § 1; 1995, No. 1014, § 1; 1997, No. 647, § 2; 1999, No. 1422, § 2; 2007, No. 489, § 1; 2007, No. 559, § 2; 2011, No. 1056, § 1; 2019, No. 966, § 1; 2021, No. 1051, § 1.

7-4-103. Vacancy or disqualification of state or county chair.

In the event of a vacancy or disqualification on the part of any state or county chair for either the majority party or a minority party, the state vice chair or county vice chair of the party in which the vacancy occurs shall act as county chair or state chair, as the case may be, for all of the purposes set out in § 7-4-101 and this section until a new county chair or state chair is selected by the parties.

History

Acts 1969, No. 465, Art. 5, §§ 2, 5; A.S.A. 1947, §§ 3-502, 3-505; Acts 1987, No. 248, § 6; 1995, No. 1014, § 2; 2001, No. 794, § 1; 2011, No. 1056, § 2; 2013, No. 1154, § 1.

7-4-104. Lists of county chairs — Notification of vacancies.

(a)

(1) It shall be the duty of the majority and minority parties to keep on file with their respective state chair a complete list of all of their respective county chairs.

(2) It shall be the duty of the respective county chairs of both the majority and minority parties to keep on file with the Secretary of State a letter stating the name of the county chairs and to notify promptly the Secretary of State of the death, resignation, disqualification, or vacancy in the office of any county chair and of the election of a new chair to fill the vacancy thus created.

(b) It shall be the duty of the Secretary of State to keep the letters containing the names of the county chairs of the majority and minority parties as public records open at all times to public inspection.

History

Acts 1969, No. 465, Art. 5, § 5; A.S.A. 1947, § 3-505; Acts 1997, No. 647, § 3; 2001, No. 475, § 1.

7-4-105. County board of election commissioners — Officers — Meetings.

(a) The county board of election commissioners shall hold office until their successors are appointed and qualified. The commissioners shall meet no later than February 28 of odd-numbered years and shall organize themselves into a county board of election commissioners by electing one (1) member chair. Each commissioner shall have one (1) vote. Two (2) commissioners shall constitute a quorum, and the concurring votes of any two (2) shall decide questions before them unless otherwise provided by law.

(b) The chair of a county board of election commissioners shall notify all commissioners of all meetings. Any meeting of two (2) or more commissioners when official business is conducted shall be public and held pursuant to the Freedom of Information Act of 1967, § 25-19-101 et seq. The county board of election commissioners shall keep minutes of all meetings when official business is conducted, and the minutes shall be filed of record with the county clerk within the sooner of:

(1) One hundred twenty (120) days of a meeting; or

(2) Ten (10) days of the following meeting.

History

Acts 1969, No. 465, Art. 5, § 6; 1971, No. 261, § 9; A.S.A. 1947, § 3-506; Acts 1997, No. 647, § 4; 2015, No. 1042, § 3.

7-4-106. Assistance of prosecuting attorney.

(a) The county board of election commissioners, as created by this subchapter, may call upon the prosecuting attorney or his or her deputy for legal opinions, advice, or assistance in defending, commencing, or appealing civil actions at law and equity.

(b) The county or prosecuting attorney shall defend any civil lawsuit brought against the county board of election commissioners or its members if they are sued in regard to acts or omissions made during the course of their official duties.

History

Acts 1977, No. 527, § 1; A.S.A. 1947, § 3-506.1; Acts 1993, No. 780, § 1.

7-4-107. Duties of county board of election commissioners.

(a) The county board of election commissioners shall:

(1) Ensure compliance with all legal requirements relating to the conduct of elections;

(2) Exercise its duties consistent with the training and materials provided by the State Board of Election Commissioners;

(3) Allocate a sufficient number of secure ballot boxes if voting is conducted using preprinted paper ballots for each polling site based on the number of votes cast at that polling site in the immediately preceding:

(A) Preferential primary election or general election if the election for which the secure ballot boxes are prepared is a preferential primary election or general election; and

(B) Special election if the election for which the secure ballot boxes are prepared is a special election;

(4) Allocate sufficient components of a voting system approved for use under § 7-5-301 for each polling site based on the number of votes cast at that polling site in the immediately preceding:

(A) Preferential primary election or general election if the election for which the components are prepared is a preferential primary election or general election; and

(B) Special election if the election for which the components are prepared is a special election;

(5) Appoint the requisite number of election officials at each site where voters present themselves to vote to ensure that there is a sufficient number of election officials at each site, based upon the votes in the immediately preceding comparable election; and

(6)

(A) Supervise all election officials.

(B) The supervision of election officials may be delegated by an affirmative vote of a quorum of all members of the county board of election commissioners.

(b)

(1) The county board of election commissioners shall select and appoint a sufficient number of election officials for each polling site as provided by subsection (a) of this section and perform the other duties prescribed not less than twenty (20) days preceding an election.

(2)

(A) Each polling site shall have a minimum of two (2) election clerks, one (1) election judge, and one (1) election sheriff.

(B) The election judge shall serve as the poll supervisor.

(C)

(i) All election officials at a polling site shall have completed training under § 7-4-109 within the twelve (12) months before the election.

(ii) The minority party election commissioner shall have the option to designate a number of election officials equal to one (1) less than the majority of election officials at each polling site, with a minimum of two (2) election officials at each polling site.

(iii) In the event that the county party representatives on the county board of election commissioners fail to agree upon any election official to fill an election post allotted to the respective party twenty (20) days before the election, the county board of election commissioners shall appoint the remaining election officials.

(c) The county board of election commissioners may permit election officials to work half-day or split shifts at the polls at any election so long as the requisite number of election officials is always present.

History

Acts 1969, No. 465, Art. 5, § 6 and Art. 7, § 3; 1971, No. 261, § 9; 1973, No. 157, § 6; A.S.A. 1947, §§ 3-506, 3-703; Acts 1993, No. 511, §§ 1, 2; 1997, No. 647, § 5; 1999, No. 1490, § 2; 2001, No. 562, § 1; 2001, No. 1822, § 2; 2005, No. 894, § 1; 2005, No. 1827, § 2; 2007, No. 222, § 3; 2007, No. 559, § 3; 2013, No. 1457, § 1; 2019, No. 966, § 2; 2021, No. 950, § 1.

7-4-108. Absence of election officials — Filling vacancy.

(a) If any election official is absent at the time fixed for the opening of the polls, the election judge shall immediately notify the county board of election commissioners of the vacancy.

(b) If the county board of election commissioners does not timely appoint a new election official, and fewer than three (3) election officials are present at the opening of the polls, the election judge present shall appoint one (1) or more qualified persons to act as an election official until the county board of election commissioners appoints a new election official.

(c)

(1) Except as provided in subdivision (c)(2) of this section, upon notification of the absent election official, at least one (1) member of the county board of election commissioners shall respond to the polling site and assist with the election until the new election official is appointed.

(2) If all three (3) of the members of the county board of election commissioners are assisting at other polling sites and the election judge does not timely appoint a qualified person, the other election officials present at the polling site shall appoint a qualified person to act as an election official until the county board of election commissioners appoints a new election official.

History

Acts 1969, No. 465, Art. 7, § 3; A.S.A. 1947, § 3-703; Acts 1997, No. 647, § 6; 2019, No. 966, § 3.

Arkansas Code of 1987 Annotated Official Edition
Copyright © 2022 by the State of Arkansas All rights reserved

7-4-109. Qualifications of state and county commissioners, election officials, poll workers, and certified election monitors.

(a)

(1) A member of the State Board of Election Commissioners, a county election commissioner, and an election official shall be a qualified elector of this state, able to read and write the English language, and shall not have been found guilty or pleaded guilty or nolo contendere to the violation of an election law of this state.

(2) An election official, as defined in § 7-1-101, shall not be a candidate for an office to be filled at an election while serving as an election official.

(3) A member of the county board of election commissioners shall not be disqualified from serving as a member of the county board of election commissioners by the appearance on the ballot as a candidate for a position in his or her political party.

(4) A person shall be eligible to serve as an election official if the person is married to or related within the second degree of consanguinity to a candidate running for office in the election who is unopposed and the person is appointed to serve as an election official at a polling place or vote center designated to serve a geographic area with a population of less than one thousand (1,000) qualified electors.

(b)

(1) A member of a county board of election commissioners shall be a resident of the county in which he or she serves at the time of his or her appointment or election.

(2)

(A) An election official shall be a resident of the precinct in which he or she serves at the time of his or her appointment.

(B) However, if at the time of posting election officials the county board of election commissioners votes unanimously and certifies to the county clerk that it is impossible to obtain a qualified election official from any precinct in the county, another qualified citizen of the county may be designated to serve in the precinct.

(C) An election coordinator, deputy clerk, or person assigned by a county clerk to conduct early voting does not have to be a resident of the precinct or county in which he or she serves.

(c)

(1) A person who is a paid employee of a political party or of a candidate for office on that county's ballot shall not be a member of a county board of election commissioners or an election official.

(2)

(A) Except as provided in subdivision (c)(2)(B) of this section, a person serving on the county board of election commissioners shall not participate in the campaign of any candidate listed on a ballot or of a write-in candidate seeking election in that county that falls under the county board of election commissioners’ jurisdiction or authority.

(B)

(i) A member of the county board of election commissioners shall not:

(a) Manage a campaign;

(b) Perform labor for a campaign;

(c) Solicit on behalf of a candidate or campaign;

(d) Pass out or place handbills, signs, or other literature concerning a candidate's campaign;

(e) Assist a candidate's campaign at a rally or parade; or

(f) Display candidate placards or signs on an automobile.

(ii) A member of the county board of election commissioners may:

(a) Make a financial contribution to a candidate;

(b) Attend a political party's state, district, or county meeting where a candidate or issue advocate speaks as a member of the audience; or

(c) Participate in a political party convention.

(3) A person employed with a company that has a business dealing, contract, or pending contract with a county board of election commissioners to which he or she seeks appointment shall not be a candidate for the county board of election commissioners.

(d) A person shall not serve as an election official if:

(1) The person is married to or related within the second degree of consanguinity to a candidate running for office in the election; and

(2) Another person makes an objection to his or her service to the county board of election commissioners within ten (10) calendar days after posting the list of officials.

(e)

(1) Prior to the regularly scheduled preferential primary election, each of the following shall attend election training coordinated by the State Board of Election Commissioners:

(A) A member of the county board of election commissioners;

(B) A county clerk or his or her designee;

(C) A poll worker;

(D) A certified election monitor; and

(E) A county election coordinator.

(2)

(A) The State Board of Election Commissioners shall determine the method and amount of compensation for attending the training.

(B) A person required to receive the training shall take and pass an examination of essential skills as determined by the State Board of Election Commissioners to receive compensation.

(C) A person who passes an examination under subdivision (e)(2)(B) of this section shall receive a certificate of completion.

(D) The State Board of Election Commissioners shall promulgate rules under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., concerning the training requirements, materials, and examination of essential skills.

(3) A deputy county clerk, employee of the county clerk, or other worker who will assist with early voting may be trained by the county clerk or his or her designee.

(4)

(A) A county board of election commissioners by a majority vote shall designate a person to attend the required training as a county election coordinator.

(B) The State Board of Election Commissioners shall not provide training or compensation for attending training to a county election coordinator if the county election coordinator has not been designated to take the required training by a county board of election commissioners.

(5)

(A) The State Board of Election Commissioners shall identify at least one (1) person not employed by a county in any capacity each year, who shall receive the same training as a county election coordinator, and who shall receive compensation for attending training.

(B) The person identified by the State Board of Election Commissioners may be a state employee being cross-trained, or a person who is not a state employee that the State Board of Election Commissioners considers qualified to become an acting county election coordinator as a special employee of the State Board of Election Commissioners.

History

Acts 1969, No. 465, Art. 5, § 4, and Art. 13, § 5; 1971, No. 451, § 2; 1972 (1st Ex. Sess.), No. 41, § 2; A.S.A. 1947, §§ 3-504, 3-1305; Acts 1987, No. 248, § 5; 1993, No. 715, §§ 1, 2; 1997, No. 647, § 7; 2001, No. 796, § 1; 2001, No. 1822, § 1; 2005, No. 894, § 1; 2005, No. 1827, § 3; 2007, No. 489, § 2; 2013, No. 1457, § 2; 2015, No. 1042, § 4; 2015, No. 1253, § 1; 2021, No. 1051, §§ 24; 2021, No. 1063, § 2.

7-4-110. Oath of election officers.

(a) The election officials, before entering on their duties, shall take, before some person authorized by law to administer oaths, the following oath:

“I, , do swear that I will perform the duties of an election official of this election according to law and to the best of my abilities, and that I will studiously endeavor to prevent fraud, deceit, and abuse in conducting the same, and that I will not disclose how any voter shall have voted, unless required to do so as a witness in a judicial proceeding or a proceeding to contest an election.”

(b) In case there shall be no person present at the opening of any election authorized to administer oaths, it shall be lawful for the election officials to administer the oath to each other, and the election officials shall have full power and authority to administer all oaths that may be necessary in conducting any election.

History

Acts 1969, No. 465, Art. 7, § 4; A.S.A. 1947, § 3-704; Acts 1997, No. 647, § 8.

7-4-111. Compensation of board members.

(a) The State Board of Election Commissioners may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

(b) Each member of the county board of election commissioners shall receive for services the sum of not less than twenty-five dollars ($25.00) per public meeting when official business is conducted.

History

Acts 1969, No. 465, Art. 5, § 7; A.S.A. 1947, § 3-507; Acts 1987, No. 403, § 1; 1995, No. 709, § 13; 1997, No. 250, § 42; 1997, No. 647, § 9; 2005, No. 1677, § 2.

7-4-112. Compensation of election officials.

(a) Except as provided under subsection (c) of this section, an election official shall receive a minimum of the prevailing federal minimum wage for holding an election, or such greater amount as may be appropriated.

(b) Except as provided in subsection (c) of this section and in addition to compensation under subsection (a) of this section, each election official carrying election materials to and from the polling sites shall be allowed mileage at such rate as may be appropriated but not to exceed the rate prescribed for state employees in state travel rules.

(c)

(1) An election official may work as a volunteer without pay or reimbursement as specified by the election official under this section if the election official signs an affidavit prescribed by the State Board of Election Commissioners stating that he or she does not wish to receive:

(A) Compensation for his or her work as an election official; or

(B) Reimbursement for mileage accrued in the course of his or her work as an election official.

(2) An election official may choose not to receive compensation or reimbursement, or both.

(3)

(A) An election official who signs the affidavit indicating that he or she does not wish to be compensated or reimbursed shall not be compensated with money or anything of value for his or her work as an election official.

(B) Any paperwork or document required by a student election official's school to verify his or her assistance is not compensation or reimbursement under this section.

History

Acts 1969, No. 465, Art. 7, § 20; 1970 (1st Ex. Sess.), No. 11, § 1; 1983, No. 169, § 1; A.S.A. 1947, § 3-720; Acts 1997, No. 647, § 10; 2005, No. 67, § 2; 2019, No. 315, § 416; 2019, No. 539, § 1.

7-4-113. Record of funds and expenditures.

The county board of election commissioners of each county shall maintain a record of all funds the county board of election commissioners receives and all expenditures of the county board of election commissioners. These records shall be open to the public under the provisions of the Freedom of Information Act of 1967, § 25-19-101 et seq.

History

Acts 1987, No. 795, § 1.

7-4-114. Filling vacancy of an elected office — Effect.

Any member of a county board of election commissioners may be appointed to fill a vacancy in an elected office without vacating his or her seat on the county board of election commissioners. The member shall not be eligible for reelection to the office when the term expires.

History

Acts 1993, No. 760, § 1.

7-4-115. Legislative intent.

Due to the United States Eighth Circuit Court of Appeals ruling in Jones v. Conway County, Arkansas, 143 F.3d 417 (8th Cir. 1998), the status of county election commissioners as either county officials or state officials has become unclear. Because of this lack of clarity, there has been much confusion as to whether or not county election commissioners should have been or currently are immune from suit under the state's policy of tort immunity. It is the intent of the General Assembly to clarify the official status of county election commissioners. Prior to July 30, 1999, county election commissioners were state officials and, as such, were immune from suit pursuant to Arkansas Constitution, Article 5, § 20, and § 19-10-305. Upon July 30, 1999, county election commissioners are hereby deemed to be county officials and are immune from suit pursuant to § 21-9-301.

History

Acts 1999, No. 1422, § 1; 2019, No. 966, § 4.

7-4-116. Election poll workers program for high school students.

(a)

(1) The county board of election commissioners may conduct a special election day program for high school students in one (1) or more polling places designated by the county board of election commissioners.

(2) The high school students shall be selected by the county board of election commissioners in cooperation with the local high school principal, the local 4-H club, the local Boy Scouts of America club, the local Girl Scouts of the United States of America club, or any other local organization for youth designated by the county board of election commissioners.

(3)

(A) A high school student selected for this program who has not reached his or her eighteenth birthday by the election day in which he or she is participating shall be called an election page.

(B) A high school student selected for this program who has reached his or her eighteenth birthday by the election day in which he or she is participating and meets the qualifications in § 7-4-109 may be an election official.

(b) The program shall:

(1) Be designed to stimulate the students' interest in elections and registering to vote;

(2) Provide assistance to the officers of election; and

(3) Assist in the safe entry and exit of elderly voters and voters with disabilities from the polling place.

(c)

(1) In this volunteer position, each student selected as an election page shall:

(A) Be granted an additional excused absence from school while working as an election page;

(B) Serve under the direct supervision of the election officials at his or her assigned polling place; and

(C) Observe strict impartiality at all times.

(2) If an election page has attended training provided by the county board of election commissioners, the election page may assist election officials with checking in voters, assisting voters with instructions regarding the operation of voting machines, guarding the ballot box, and other related duties.

(3) An election page shall be in a volunteer position and shall not receive any compensation for performing his or her duties.

(4) Before beginning any duties, an election page shall take, before an election official, the following oath:

“I, , do swear that I will perform the duties of an election page of this election according to law and to the best of my abilities, and that I will studiously endeavor to prevent fraud, deceit, and abuse, and that I will not disclose how any voter shall have voted, unless required to do so as a witness in a judicial proceeding or a proceeding to contest an election.”

(d) Each student selected to be an election official shall:

(1) Take the oath of the election officials in § 7-4-110;

(2) Serve under the supervision of the appropriate county board of election commissioners;

(3) Observe strict impartiality at all times; and

(4) Be granted an additional excused absence from school while working as an election official.

History

Acts 2003, No. 242, § 1; 2005, No. 67, § 3; 2011, No. 1223, §§ 6, 7; 2013, No. 1322, §§ 5, 6; 2019, No. 328, § 1.

7-4-117. Election poll workers program for college students.

(a)

(1) The county board of election commissioners may conduct an election day program for college students in one (1) or more polling places designated by the county board of election commissioners.

(2)

(A) The college students shall be selected by the county board of election commissioners from any two-year or four-year college or university in the state.

(B) The county board of election commissioners shall work in cooperation with the student government associations of the colleges and universities in selecting the students for the program and conducting seminars concerning election procedures for students interested in the program.

(3)

(A) A college student selected for this program who has not reached his or her eighteenth birthday by the election day in which he or she is participating shall be called an election page.

(B) A college student selected for this program who has reached his or her eighteenth birthday by the election day in which he or she is participating and meets the qualifications in § 7-4-109 shall be an election official.

(b) The program shall:

(1) Be designed to stimulate the students' interest in elections and in registering to vote;

(2) Provide assistance to the officers of the election; and

(3) Assist in the safe entry and exit of elderly voters and voters with disabilities from the polling place.

(c)

(1) Each student selected as an election page shall:

(A) Serve under the direct supervision of the election officials at his or her assigned polling place; and

(B) Observe strict impartiality at all times.

(2) An election page may observe the electoral process and seek information from the election officers but shall not handle or touch ballots, voting machines, or any other official election materials or enter any voting booth.

(3) An election page shall be in a volunteer position and shall not receive any compensation for performing his or her duties.

(4) Before beginning any duties, an election page shall take, before an election official, the following oath:

“I, , do swear that I will perform the duties of an election page of this election according to law and to the best of my abilities, and that I will studiously endeavor to prevent fraud, deceit, and abuse, and that I will not disclose how any voter shall have voted unless required to do so as a witness in a judicial proceeding or a proceeding to contest an election.”

(d)

(1) Each student selected to be an election official shall:

(A) Take the oath of the election officials in § 7-4-110;

(B) Serve under the supervision of the appropriate county board of election commissioners; and

(C) Observe strict impartiality at all times.

(2) A college student selected to be an election official shall be compensated according to § 7-4-112.

History

Acts 2003, No. 1153, § 1; 2005, No. 67, § 4.

7-4-119. Disclosure required.

(a) A member of a county board of election commissioners shall report to the Secretary of State by January 31 of each calendar year any goods or services sold during the previous calendar year by himself or herself, his or her spouse, or any business in which the member or his or her spouse is an officer, director, or stockholder owning more than ten percent (10%) of the stock having a total annual value in excess of one thousand dollars ($1,000) to an office, department, commission, council, board, bureau, committee, legislative body, agency, or other establishment of:

(1) The State of Arkansas;

(2) A county;

(3) A municipality; and

(4) A school district.

(b) The Secretary of State shall provide by rule for:

(1) A form for the report; and

(2) A procedure for the disclosure.

History

Acts 2011, No. 1216, § 1; 2013, No. 443, § 1.

7-4-120. Complaints of election law violations — Definitions.

(a)

(1) Except as provided in subdivision (a)(2) of this section, the State Board of Election Commissioners may investigate alleged violations, render findings, institute corrective actions, and impose sanctions according to this subchapter for violations of election and voter registration laws.

(2) The State Board of Election Commissioners shall not investigate alleged violations, render findings, or impose sanctions concerning violations of:

(A) The provisions of § 7-1-103(a)(1)-(4), (6), and (7); or

(B) Campaign finance and disclosure laws for which the Arkansas Ethics Commission has the duty and authority to investigate and sanction under §§ 7-6-217 and 7-6-218.

(b)

(1) A complaint shall be filed with the State Board of Election Commissioners in writing no earlier than the date established by law for the delivery or mailing of absentee ballots to a voter and no later than thirty (30) days following the certification of an election by a county board of election commissioners of the following:

(A) An alleged violation of the laws regarding elections including without limitation:

(i) Voter registration;

(ii) Requests for absentee ballots;

(iii) Delivery of absentee ballots;

(iv) Casting of ballots;

(v) Ballot tabulation;

(vi) Certification of election results;

(vii) Administration of an election;

(viii) Election processes; or

(ix) Conduct of an election; or

(B) The election or elections affected or associated with the complaint.

(C) A complaint may be referred to the State Board of Election Commissioners by the Joint Performance Review Committee and is not subject to the thirty (30) day filing requirement under subdivision (b)(1) of this section.

(2)

(A) A complaint shall be signed by the complainant under penalty of perjury.

(B) If a complaint is referred to the State Board of Election Commissioners by the Joint Performance Review Committee under subdivision (b)(1)(C) of this section, the Chair of the Joint Performance Review Committee shall be the complainant.

(3)

(A) A complaint shall clearly:

(i) Describe the alleged violation, including without limitation the supporting facts for the violation or incident;

(ii) State when or the approximate date that the alleged violation or incident occurred; and

(iii) State the location or locations of the alleged violation or incident.

(B)

(i) The complaint may specify, suggest, or recommend a desired resolution to the complaint.

(ii) If the complaint is timely filed but does not specify the desired resolution of the complainant:

(a) The State Board of Election Commissioners may:

(1) Notify the complainant that a desired resolution is not specified;

(2) Inform the complainant that other formal or informal resolutions may be appropriate; and

(3) Inform the complainant that the State Board of Election Commissioners may initiate a lawful resolution, correction, or remedy as the State Board of Election Commissioners deems appropriate; and

(b) The complainant may file the additional information within ten (10) days from mailing of the notice.

(4)

(A) If a complaint does not meet the requirements of this section, the complainant shall be notified that the complaint may be corrected by amendment in writing within ten (10) days and that a failure to make the necessary corrections shall result in the complaint’s being dismissed.

(B) If a complaint is dismissed because it does not meet the requirements of this section, the State Board of Election Commissioners shall notify the complainant of the fact of dismissal.

(5) A person shall not file a frivolous complaint.

(6) If the complaint is referred to the State Board of Election Commissioners by the Joint Performance Review Committee, the complaint shall include:

(A) A report of the findings of the Joint Performance Review Committee, including any hearing testimony the Joint Performance Review Committee believes relevant; and

(B) The recommendations of the Joint Performance Review Committee that may be submitted to the State Board of Election Commissioners, including without limitation a recommendation:

(i) For a letter of reprimand to an election official;

(ii) For decertification as an election official in the next election cycle, including all associated primary and runoff elections;

(iii) That the State Board of Election Commissioners take over and conduct elections in the county in question if the violation or violations are considered severe by the Joint Performance Review Committee and would threaten a county's ability to conduct an equal, free, and impartial election, or the appearance of an equal, free, and impartial election; or

(iv) That state turnback funds be withheld from a county when the State Board of Election Commissioners conducts an election on behalf of a county and the county refuses to reimburse the State Board of Election Commissioners for expenses incurred.

(7)

(A) If a complaint is filed as required by this section, the State Board of Election Commissioners shall investigate the alleged violation.

(B) Immediately upon beginning an investigation under this section, the State Board of Election Commissioners shall notify the person or persons under investigation of the fact of the investigation and the nature of the investigation.

(C) If at the conclusion of the investigation, the State Board of Election Commissioners finds that there is probable cause to believe there has been a violation of the voter registration laws or election laws, the State Board of Election Commissioners may set a public hearing.

(c)

(1) The State Board of Election Commissioners shall maintain a record of all inquiries, investigations, and proceedings.

(2) Except as provided in subdivisions (c)(3) and (4) of this section, records under this section are exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., until:

(A) A hearing by the State Board of Election Commissioners is set; or

(B) The investigation by the State Board of Election Commissioners is closed by the State Board of Election Commissioners.

(3) The State Board of Election Commissioners shall disclose, through its members or staff, otherwise confidential information to proper law enforcement officers, agencies, and other entities as is necessary to conduct the investigation under this section.

(4) The records of the investigation upon which the State Board of Election Commissioners has based its findings shall be opened to public inspection thirty (30) days after the final adjudication in which the State Board of Election Commissioners makes a final decision.

(d)

(1) If the State Board of Election Commissioners determines that the complaint can be addressed through documentary submissions and without a formal investigation, the State Board of Election Commissioners may address the complaint with documentary submissions.

(2) If the State Board of Election Commissioners determines that an investigation is necessary, the State Board of Election Commissioners shall provide to the person who is the subject of the complaint:

(A) A copy of the complaint if a copy has not previously been provided; and

(B) Instructions for filing a response.

(3) The State Board of Election Commissioners may:

(A) Administer oaths for the purpose of taking sworn statements from witnesses in the course of its investigations;

(B) Request the person who is the subject of the complaint to answer allegations in writing, produce relevant evidence, or appear in person before the State Board of Election Commissioners; and

(C)

(i) Subpoena any person or the books, records, or other documents relevant to the investigation or inquiry.

(ii) The subpoena may direct any law enforcement officer of the county concerned or the Director of the Division of Arkansas State Police to seize any public record that is withheld.

(4) The State Board of Election Commissioners shall:

(A) Provide the person subpoenaed with reasonable notice of the subpoena and an opportunity to respond; and

(B) Advise the complainant and the person who is the subject of the complaint in writing of the final action of the State Board of Election Commissioners.

(e) If the State Board of Election Commissioners finds a violation of the voter registration laws or election laws under its jurisdiction, the State Board of Election Commissioners may:

(1) Issue a public letter of caution, warning, reprimand, or a conditional warning of consequences that shall be imposed if corrective action is not completed;

(2) Impose a fine of no less than twenty-five dollars ($25.00) and no more than one thousand dollars ($1,000) for a negligent, knowing, or intentional violation;

(3) Report the information obtained in the investigation and the findings and determinations of the State Board of Election Commissioners to the appropriate law enforcement authorities;

(4) Make expenditures and order payment of the costs of the investigation and hearing;

(5) Decertify an election official from appointment as an election official;

(6) Issue an order that the State Board of Election Commissioners shall take over and conduct elections in the county in question if the violation is considered severe by the State Board of Election Commissioners and would threaten either a county's ability to conduct an equal, free, and impartial election, or the appearance of an equal, free, and impartial election; or

(7) Combine any two (2) or more of the actions or sanctions authorized under this section.

(f) The State Board of Election Commissioners shall advise the complainant and the person who is the subject of the complaint of the:

(1) Finding of the State Board of Election Commissioners;

(2) Final action taken and sanctions issued by the State Board of Election Commissioners against a person associated with the complaint and a response thereto; and

(3) Reasons for the findings, final actions, and sanctions.

(g) The State Board of Election Commissioners shall maintain a record of all inquiries, investigations, and proceedings.

(h)

(1) The State Board of Election Commissioners shall adopt rules concerning the imposition of fines under this section.

(2) If a person fails to pay the fines ordered by the State Board of Election Commissioners under this section, the State Board of Election Commissioners may obtain a judgment from a court for the amount of the fine imposed by filing suit in the:

(A) Pulaski County Circuit Court;

(B) Circuit court of the county in which the person resides; or

(C) Small claims division of a district court.

(3) The fee for filing of a suit in a circuit or district court in this state shall be waived for the State Board of Election Commissioners.

(4) All moneys received by the State Board of Election Commissioners in payment of fines shall be deposited into the State Treasury as general revenues.

(i)

(1) The State Board of Election Commissioners shall conclude its investigation and take its final action under this section within one hundred eighty (180) days of the filing of a complaint.

(2) The State Board of Election Commissioners shall announce its final action as a final administrative decision.

(3) However, if the State Board of Election Commissioners fails to take its final action within one hundred eighty (180) days, the final administrative action shall be effective within one hundred eighty (180) days of the filing of the complaint.

(4) If the State Board of Election Commissioners holds a hearing under this section, the State Board of Election Commissioners shall conclude all actions under this section within two hundred forty (240) days.

(j) A final action of the State Board of Election Commissioners under this section is an adjudication for purposes of judicial review under § 25-15-212.

(k) As used in this section:

(1) “Election laws” means the United States Constitution, the Arkansas Constitution, and the statutes, final court decisions of general applicability, and rules of the United States and the State of Arkansas concerning elections conducted by county boards of election commissioners and the rules promulgated by the State Board of Election Commissioners under § 7-4-101 concerning elections conducted by county boards of election commissioners;

(2) “Frivolous” means clearly lacking any basis in fact or law; and

(3) “Voter registration laws” means those laws under the United States Constitution, the Arkansas Constitution, and the statutes, final court decisions, and rules promulgated by the United States and the State of Arkansas concerning voter registration laws.

History

Acts 2015, No. 1253, § 3; 2017, No. 247, § 1; 2021, No. 756, § 2; 2021, No. 974, §§ 3, 4.

7-4-121. Election audits.

(a)

(1) The State Board of Election Commissioners shall audit the results of each general election to ensure the integrity and accuracy of the voting process.

(2) When conducting a post-election audit of the election results, the State Board of Election Commissioners shall:

(A) Select by lot the counties, polling sites, early voting locations, and vote centers to be audited;

(B) Select a sufficient number of early voting locations, polling sites, and vote centers to obtain a meaningful sample;

(C) Select the counties to be audited no less than sixty (60) days following the date of the general election;

(D) Conduct the audit by using the voter-verified paper audit trail;

(E)

(i) Compile a report detailing the findings of this audit.

(ii) The report filed under this subdivision (a)(2)(E):

(a) Is not a recount;

(b) Has no legal effect on the outcome of any election subject to the audit; and

(c) Shall be made public and disseminated to any person upon request; and

(F) Securely maintain any county election records obtained for the purpose of conducting an audit.

(3) The Secretary of State may, at his or her discretion, provide additional staff to assist in conducting any audit under this subsection.

(b)

(1) The county clerk, county board of election commissioners, or other county election official for a county that is audited under this section shall provide documents, records, or access to election equipment requested by the State Board of Election Commissioners to the State Board of Election Commissioners upon request.

(2) If the county clerk, county board of election commissioners, or other county election official of the county willfully fails to comply with a request made under subdivision (b)(1) of this section, and the State Board of Election Commissioners is not able to obtain the requested information through other means, the State Board of Election Commissioners may:

(A) Find that the county in violation of subdivision (b)(1) of this section has forfeited reimbursement of state-funded election expenses for a period of up to two (2) years; and

(B) Elect to withhold reimbursement of state-funded election expenses to the county for a period of up to two (2) years.

History

Acts 2019, No. 888, § 2.

7-4-122. County employees detailed as election official.

(a) A county employee detailed as an election official shall comply with directives of the county board of election commissioners in matters related to an election.

(b) A county board of election commissioners may assign to other election officials the supervision of election officials by an affirmative vote of a quorum of all members of the county board of election commissioners.

(c) A county board of election commissioners may not change a duty delegated to a county employee if that duty is expressly governed by state or federal law.

History

Acts 2021, No. 950, § 2.

7-5-101. Precinct boundaries, polling sites, and vote centers — Establishment and alteration.

(a)

(1) The county board of election commissioners shall:

(A) Establish election precincts; and

(B)

(i) Designate a polling site for each precinct.

(ii) A polling site may serve two (2) or more precincts, including parts of precincts.

(2) Except as provided in § 6-14-106, the designation of polling sites shall be by a unanimous vote of the members of the county board of election commissioners present.

(b)

(1) The county board of election commissioners by order may alter the boundaries of existing election precincts and establish new ones.

(2) A precinct shall not be altered and a new precinct shall not be created less than sixty (60) days before an election except in the event of an emergency as determined by unanimous vote of the county board of election commissioners.

(3)

(A) Except as provided in subdivision (b)(3)(B) of this section, if more than three thousand (3,000) voters are registered in a precinct, the county board of election commissioners shall redistrict the precinct at least one hundred twenty (120) days before the election.

(B) If the number of registered voters in the precinct exceeds three thousand (3,000) registered voters during or after the one hundred twenty (120) days before an election, the county board of election commissioners shall redistrict the precinct at least one hundred twenty (120) days before the next election.

(4)

(A) An order to alter the boundaries of any precinct or establish any new one shall not be effective until it has been filed with the county clerk.

(B) The order shall contain:

(i) A written description of the boundaries of the precinct;

(ii) A printed map of the boundaries of the precincts altered or established; and

(iii) A digital map detailing the precinct boundaries altered or established in a format prescribed by the Arkansas Geographic Information Systems Office.

(c)

(1) Within thirty (30) days after the boundaries of an election precinct are altered or a new election precinct is established, the county clerk shall submit written, printed, and digital copies of the map and boundaries required under subdivision (b)(4) of this section to the:

(A) Secretary of State; and

(B) Arkansas Geographic Information Systems Office.

(2) Upon receipt of the changes, the Secretary of State immediately shall forward a copy to the:

(A) Office of the Attorney General;

(B) Census State Data Center;

(C) Geographic Information Systems and Mapping Section of the Transportation Planning and Policy Division of the Arkansas Department of Transportation; and

(D) Arkansas Geographic Information Systems Office.

(3) The Secretary of State may:

(A) Designate each precinct in the state with a unique alphanumeric description that clearly references:

(i) The precinct designation assigned by the county board of election commissioners; and

(ii) The county in which the precinct exists;

(B) Create a map of the State of Arkansas that is divided by precinct; and

(C) Display the map with the alphanumeric precinct designations on the Secretary of State's internet website.

(d)

(1) Except for school elections under § 6-14-106, the polling sites for each election shall be the same as those established for the immediately preceding general election unless changed by order of the county board of election commissioners.

(2)

(A) The county board of election commissioners shall not change a polling site for any precinct less than sixty (60) days before a preferential primary election or general election, except in the event of an emergency.

(B) The county board of election commissioners shall not change a polling site for any precinct less than thirty (30) days before an election other than a preferential primary or general election, except in the event of an emergency.

(3)

(A) Notice of a change made in a polling site shall be provided by posting information at the polling site used in the last election and by the county clerk mailing notice to affected registered voters at least fifteen (15) days before the election unless:

(i) The election is a school election;

(ii) The election is a special election; or

(iii) The change in polling sites is due to an emergency arising less than fifteen (15) days before the election.

(B) If the change in polling site occurs in a school election, special election, or due to an emergency arising less than fifteen (15) days before the election, notice of a change made in the polling site shall be provided by posting information at the polling site used in the last election.

(4)

(A) If the county board of election commissioners reduces the total number of polling sites available in the county in a preferential primary election or a general election, a qualified elector of the county may appeal the decision to close the polling site that adversely affects the qualified elector's ability to cast a ballot to the State Board of Election Commissioners.

(B) An appeal made to the State Board of Election Commissioners shall:

(i) Be filed in writing within seven (7) days of the vote of the county board of election commissioners to reduce the number of polling sites available in the county;

(ii) Describe clearly the polling site that was closed;

(iii) Describe the reason the closure of the polling site in question adversely affects the election process; and

(iv) Be signed by the appellant under penalty of perjury.

(C) When a timely and sufficient appeal is filed under this subsection, the State Board of Election Commissioners shall determine if the reduction in polling sites is permissible in a timely fashion and shall issue an order resolving the appeal no less than thirty (30) days before the date of the election.

(D) An order by the State Board of Election Commissioners prohibiting a reduction in polling sites under this subsection shall be effective for the remainder of the term of the county board of election commissioners whose actions were appealed.

(e)

(1)

(A) Before establishing one (1) or more vote centers in the county under § 7-1-113, the county board of election commissioners shall certify to the Secretary of State and the county quorum court that the county has a secure electronic connection sufficient to prevent:

(i) An elector from voting more than once;

(ii) Unauthorized access to an electronic pollbook;

(iii) Unauthorized access to the voter registration database; and

(iv) Unauthorized access to voting equipment and voter materials.

(B) If the county board of election commissioners has certified to the county quorum court a determination of sufficiency under subdivision (e)(1)(A) of this section, the county may adopt an ordinance to establish vote centers for elections.

(C) The ordinance:

(i) Shall be filed with the county clerk, the county board of election commissioners, and the Secretary of State; and

(ii) Is effective when it is filed with the county clerk, the county board of election commissioners, and the Secretary of State.

(2)

(A) Except for school elections under § 6-14-106, a vote center location for each election shall be the same as that established for the immediately preceding general election unless changed by order of the county board of election commissioners.

(B) The county board of election commissioners shall not change a vote center location for any precinct less than thirty (30) days before an election except in the event of an emergency.

(C) Notice of a change made to a vote center location shall be posted at the vote center location used in the last election, and except for school elections and special elections, the notice shall be published in a newspaper of general circulation in the county at least fifteen (15) days before the election.

History

Acts 1969, No. 465, Art. 6, § 1; A.S.A. 1947, § 3-601; Acts 1993, No. 717, §§ 1, 3; 1995, No. 876, § 1; 1995 (1st Ex. Sess.), No. 7, § 1; 1997, No. 451, § 1; 1999, No. 455, § 1; 2003, No. 1165, § 2; 2003, No. 1295, § 2; 2007, No. 694, § 1; 2009, No. 250, § 3; 2009, No. 1480, § 15; 2013, No. 546, § 1; 2013, No. 1126, § 4; 2013, No. 1211, § 2; 2013, No. 1389, § 3; 2015, No. 103, § 8; 2017, No. 707, § 8; 2021, No. 729, §§ 2, 3; 2021, No. 1063, §§ 35.

7-5-102. Time of general election.

On the Tuesday next after the first Monday in November in every even-numbered year, there shall be held an election in each precinct and ward in this state for the election of:

(1) All elective state, county, and township officers whose term of office is fixed at two (2) years by the Arkansas Constitution or the General Assembly;

(2) State senators in their respective districts when the terms for which the state senators have been elected expire before the next general election;

(3) Members of the United States House of Representatives for each congressional district in this state; and

(4) United States Senators when the term of office of any United States Senator expires before the next general election.

History

Acts 1969, No. 465, Art. 6, § 2; A.S.A. 1947, § 3-602; Acts 1993, No. 512, § 1; 2005, No. 67, § 5; 2013, No. 1110, § 3.

7-5-104. Election expenses — Allocation.

(a)

(1) All expenses of general elections and runoff elections for presidential, congressional, state, district, county, township, or municipal offices in this state shall be paid by the counties in which they are held.

(2) However, any city or incorporated town shall reimburse the county board of election commissioners for the expenses of the elections in an amount equal to a figure derived by multiplying fifty percent (50%) of the total cost of each election by a fraction, the numerator of which shall be the number of voters from the city or incorporated town casting ballots in each election prepared by the county board of election commissioners, and the denominator of which shall be the total number of voters casting ballots in each election.

(b)

(1) Except for the expense of party primary elections under § 7-7-201 et seq., all expenses for special elections, including runoff elections as required by law, for congressional, state, district, county, and township offices shall be paid by the counties in which they are held.

(2) All expenses of special elections, including any runoff elections as required by law, for municipal offices shall be paid by the city or incorporated town calling for the elections.

(3) All expenses of special elections called by any county for the purpose of referring a question or measure to the voters of the county shall be paid by the county.

(4) All expenses of special elections called by any city or incorporated town for the purpose of referring a question or measure to the voters of the city or incorporated town shall be paid by the city or incorporated town.

(c)

(1) The county board of election commissioners shall determine the expenses necessary to conduct a free, equal, and lawful election in order to comply with the United States Constitution, laws of the United States, the Arkansas Constitution, and the laws of the State of Arkansas.

(2) The county board of election commissioners shall:

(A) Prepare an election budget estimate of the expenses of all anticipated elections for the fiscal year of the county; and

(B) Transmit the election budget estimate during the same time and in the same manner as is required of other county departments and county elected officials in writing to:

(i) The county judge;

(ii) The county judge's designated comptroller or budget director; or

(iii) A person as may be directed by the county judge.

(3) The election budget estimate shall include without limitation the following cost of:

(A) The salaries and expenses of:

(i) Full-time employees with positions relating to elections; and

(ii) Additional permanent, temporary, seasonal, or part-time employees to include without limitation:

(a) Poll workers; and

(b) Election officials;

(B) Equipment;

(C) Supplies;

(D) Publication costs;

(E) Maintenance;

(F) Utilities;

(G) Insurance;

(H) Taxes;

(I) Other direct expenses to conduct elections during the calendar year following an appropriation by the quorum court; and

(J) Indirect expenses of conducting elections during the calendar year following appropriation by the quorum court.

(4) If the county board of election commissioners determines that an elected county official has made an appropriate determination of expenses necessary to conduct elections and has previously prepared a budget estimate of the expenses for all anticipated elections for the fiscal year of the county, the county board of election commissioners may fulfill its duties by identifying and requesting line item budget support in the formal budget and appropriation of the elected county official, by majority vote of the county board of election commissioners, as set forth in its minutes annually.

(5) If the county board of election commissioners determines that the expenses necessary to conduct free, equal, and lawful elections can be met through in-kind support from other county departments, agencies, and resources, the county board of election commissioners may accept in-kind support and resources under the terms and conditions as may be acceptable to the county board of election commissioners.

(d) No county board of election commissioners shall take or accept any funding, grants, or gifts from any source other than from:

(1) A city or incorporated town;

(2) The governing authority of the county;

(3) The State of Arkansas; or

(4) The United States Government.

History

Acts 1992 (1st Ex. Sess.), No. 67, § 2; 2005, No. 1205, § 1; 2021, No. 756, § 3; 2021, No. 961, § 1.

7-5-106. Runoff elections for county and municipal officers — Definition.

(a)

(1) If there are more than two (2) candidates for election to any county elected office, including the office of justice of the peace, at any general election held in this state and no candidate for the county elected office receives a majority of the votes cast for the county elected office, there shall be a runoff general election held in that county four (4) weeks following the date of the general election at which the names of the two (2) candidates receiving the highest number of votes, but not a majority, shall be placed on the ballot to be voted upon by the qualified electors of the county.

(2)

(A) The following procedure will govern if there are more than two (2) candidates for election to any municipal office at any general election held in this state in which no candidate for the municipal office receives either:

(i) A majority of the votes cast; or

(ii) A plurality of forty percent (40%) of the votes cast.

(B)

(i) A candidate who receives a plurality of forty percent (40%) of the votes cast must obtain at least twenty percent (20%) more of the votes cast than the second-place candidate for the municipal office to avoid a runoff general election against the second-place candidate.

(ii) If required, the runoff general election between the two (2) candidates shall be held in that municipality four (4) weeks following the date of the general election with the names of the two (2) candidates placed on the ballot to be voted upon by the qualified electors of the municipality.

(b) If two (2) candidates receive the highest number of votes and receive the same number of votes, a tie is deemed to exist and the names of the two (2) candidates shall be placed on the runoff general election ballot to be voted upon by the qualified electors of the county or the municipality, as the case may be.

(c)

(1) If there is one (1) candidate who receives the highest number of votes, but not a majority of the votes, and two (2) other candidates receive the same number of votes for the next highest number of votes cast, a tie is deemed to exist between the two (2) candidates.

(2) The county board of election commissioners shall determine the runoff candidate by lot at a public meeting and in the presence of the two (2) candidates.

(d) If one (1) of the two (2) candidates who received the highest number of votes for a county elected office or a municipal office but not a majority of the votes in a county for a county elected office or either a majority or both forty percent (40%) of the votes cast and at least twenty percent (20%) more of the votes cast than the second-place candidate in a municipality for a municipal office in the general election withdraws before certification of the result of the general election, the remaining candidate who received the most votes at the general election shall be declared elected to the county elected office or municipal office and there shall be no runoff general election.

(e)

(1) The person receiving the majority of the votes cast for the county elected office or municipal office at the runoff general election shall be declared elected.

(2) However, if the two (2) candidates seeking election to the same county elected office or municipal office receive the same number of votes in the runoff general election, a tie is deemed to exist, and the county board of election commissioners shall determine the winner of the runoff general election by lot at an open public meeting and in the presence of the two (2) candidates.

(f)

(1) As used in this section, “municipal office” means offices of cities of the first class and cities of the second class and incorporated towns and includes the offices of council members, members of boards of managers, or other elective municipal offices elected by the voters of the entire municipality or from wards or districts within a municipality.

(2) “Municipal office” does not include offices of cities having a city manager form of government.

(g) This section does not apply to election of members of the boards of directors and other officials of cities having a city manager form of government.

(h) This section is intended to be in addition to and supplemental to the laws of this state pertaining to the election of officers for county elected offices and municipal offices at general elections.

History

Acts 1983, No. 909, §§ 1, 2; A.S.A. 1947, §§ 3-616, 3-617; Acts 1991, No. 53, § 1; 1997, No. 451, § 3; 1999, No. 554, § 1; 2003, No. 1165, § 3; 2007, No. 1049, § 14; 2011, No. 1211, § 1; 2017, No. 879, § 1; 2017, No. 1104, § 2; 2019, No. 207, § 1.

7-5-107. Use of voter registration lists by poll workers.

(a)

(1) In any election conducted in this state, precinct voter registration lists shall be used by poll workers in each polling place.

(2)

(A) An electronic poll book may be used by poll workers in each polling place.

(B) The functions of an electronic poll book may include without limitation:

(i) Voter lookup;

(ii) Voter verification;

(iii) Voter identification;

(iv) Precinct assignment;

(v) Ballot assignment;

(vi) Recording when a voter presents himself or herself to an election official and requests a ballot;

(vii) Redirecting voters to the correct polling site; and

(viii) Determining if a voter has requested an absentee ballot.

(b) Precinct voter registration lists shall contain the name, address including zip code, and date of birth of each registered voter within the precinct, including those who have been designated inactive, the precinct number and county wherein the precinct is located, the name and date of the election, and a space for the voter's signature.

(c) The following shall be printed at the top of each page of the precinct voter registration list:

“IF YOU SIGN THIS FORM AND YOU ARE NOT A LAWFULLY REGISTERED VOTER OR IF YOU HAVE SUBMITTED AN ABSENTEE BALLOT FOR THIS ELECTION, YOU ARE MAKING A FALSE STATEMENT AND MAY BE COMMITTING PERJURY. PERJURY IS PUNISHABLE BY UP TO A $10,000 FINE AND UP TO 10 YEARS IMPRISONMENT.”

History

Acts 1993, No. 487, § 1; 1995, No. 946, § 2; 1995, No. 963, § 2; 2009, No. 959, § 3; 2013, No. 1297, § 2; 2021, No. 1063, § 6.

7-5-109. Computerized voter registration lists.

(a)

(1) The county clerks of the several counties of the state may reproduce the registered voter list maintained by the county clerk in any format that the office of the county clerk is capable of providing.

(2) The county clerks of the several counties of the state shall not reproduce any address of a secure voter in any format unless otherwise authorized by law.

(b) The county clerks shall be entitled to a fee in connection with the preparation of any registered voter list that shall reimburse the county clerk for reproduction expenses. The value of office equipment previously secured for the office of the county clerk shall not be considered when determining the amount of this fee.

(c)

(1)

(A) Upon request every county clerk who maintains on computer the list of registered voters within the county shall provide the list on compact disc or other electronic medium, except the address of registered voters whose information is contained as a secure voter.

(B) The list of registered voters, excluding the addresses of registered voters listed as secure voters, shall include at least the names, addresses, and precinct numbers of the voters.

(2)

(A) The fee for a list of registered voters, excluding the addresses of registered voters listed as secure voters, on compact disc or other electronic medium, of one (1) to five thousand (5,000) registered voters may be up to ten dollars ($10.00).

(B) The fee for a list of registered voters, excluding the addresses of registered voters listed as secure voters, on compact disc or other electronic medium, of five thousand one (5,001) to twenty-five thousand (25,000) registered voters may be up to twenty-five dollars ($25.00).

(C) The fee for a list of registered voters, excluding the addresses of registered voters listed as secure voters, on compact disc or other electronic medium, of more than twenty-five thousand (25,000) registered voters may be up to fifty dollars ($50.00).

(3) If a printed list of registered voters, excluding the addresses of registered voters listed as secure voters, is requested, the cost of the list may be no more than two cents (2¢) per name and address.

History

Acts 1993, No. 1161, § 1; 1995, No. 924, § 2; 1995, No. 937, § 2; 1997, No. 451, § 5; 1999, No. 651, § 1; 2013, No. 1126, § 5; 2021, No. 980, §§ 1, 2.

7-5-110. Registration lists for each ballot combination.

In any precinct with more than one (1) ballot combination, the county clerk shall prepare precinct voter registration lists of registered voters, excluding the addresses of registered voters listed as secure voters, that identify the district, subdistrict, county, municipality, ward, and school zone in which each voter is qualified to vote.

History

Acts 1995, No. 672, § 1; 1997, No. 451, § 6; 2021, No. 980, § 3.

7-5-111. Candidacy for more than one elected office — Limitations.

A person shall not run for election for more than one (1) state, county, municipal, district, or township office if the elections are to be held on the same date.

History

Acts 2013, No. 1471, § 1; 2017, No. 158, § 1.

7-5-112. Secure voter registration for domestic violence victims — Definition.

(a) A registered voter who is a victim of domestic violence may request secure voter status for his or her voter registration information.

(b) A registered voter designated as a secure voter is required to comply with all voter identification requirements when casting a ballot.

(c) Any address information for a secure voter is confidential and is not a public record under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(d) The Secretary of State shall promulgate rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to implement the process by which a registered voter who is the victim of domestic violence may request secure voter status from the county clerks, including without limitation the:

(1) Administrative process a county clerk shall use to verify eligibility for secure voter status;

(2) Documentation required for domestic violence victims to be approved for secure voter status;

(3) Format in which the county clerk shall maintain any addresses of all registered voters listed on the voter registration roll when the registered voter has a secure voter status; and

(4) Process for complying with a post-election challenge involving a secure voter.

(e) As used in §§ 7-5-109 and 7-5-110 and this section, “secure voter” means a registered voter who requests to have his or her address or addresses protected from public release and is a domestic violence victim who:

(1) Is the victim of any offense under § 5-26-301 et seq. as adjudicated by a court;

(2) Has been granted an order of protection under the Domestic Abuse Act of 1991, § 9-15-101 et seq.; or

(3) Is recognized as a victim of domestic violence in any court order or ruling.

History

Acts 2021, No. 980, § 4.

7-5-201. Voter qualification.

(a) To be qualified to vote, a person shall have registered at least thirty (30) calendar days immediately prior to the election and in the manner set forth by Arkansas Constitution, Amendment 51.

(b) “Voting residence” shall be a voter's domicile and shall be governed by the following provisions:

(1) The domicile of a person is that place in which his or her habitation is fixed and to which he or she has the intention to return whenever he or she is absent;

(2) A change of domicile is made only by the act of abandonment, joined with the intent to remain in another place. A person can have only one (1) domicile at any given time;

(3) A person does not lose his or her domicile if he or she temporarily leaves his or her home and goes to another country, state, or place in this state with the intent of returning;

(4) The place where a person's family resides is presumed to be his or her place of domicile, but a person may acquire a separate residence if he or she takes another abode with the intention of remaining there;

(5) A married person may be considered to have a domicile separate from that of his or her spouse for the purposes of voting or holding office. For those purposes, domicile is determined as if the person were single; and

(6) Persons who are temporarily living in a particular place because of a temporary work-related assignment or duty post or as a result of their performing duties in connection with their status as military personnel, students, or office holders shall be deemed residents of that place where they established their home prior to beginning such assignments or duties.

(c) No person may be qualified to vote in more than one (1) precinct of any county at any one (1) time.

(d)

(1) Except as provided in subdivision (d)(2) of this section and subsection (e) of this section, any person desiring to vote in this state shall:

(A) Present verification of voter registration to the election official when appearing to vote in person either early or at the polls on election day; or

(B) When voting by absentee ballot, submit with the ballot verification of voter registration unless the voter is:

(i) An active duty member of the uniformed services of the United States who is absent from the county on election day because of his or her service;

(ii) A member of the United States Merchant Marine who is absent from the county on election day because of his or her service in the United States Merchant Marine;

(iii) The spouse or dependent of a member identified in subdivision (d)(1)(B)(i) or subdivision (d)(1)(B)(ii) of this section who is absent from the county on election day because of the active duty or service of the member; or

(iv) A member of the Arkansas National Guard who is on state active duty and absent from the county on election day.

(2)

(A) A person who is a resident of a long-term care or residential care facility licensed by the state is not required to present verification of voter registration before voting.

(B) A person not required to present verification of voter registration under subdivision (d)(2)(A) of this section shall provide documentation from the administrator of the facility, attesting that the person is a resident of the facility.

(e)

(1) A person registering to vote by mail and who has not previously voted in a federal election in this state shall:

(A) Present to the election official a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter when appearing to vote in person either early or at the polls on election day; or

(B) When voting by mail, submit with the ballot a copy of a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter.

(2) A person under subdivision (e)(1) of this section shall comply with requirements under this subsection in lieu of complying with subsection (d) of this section.

(3) The provision of subdivision (e)(1) of this section does not include:

(A) Persons whose applications are transmitted by state or federal voter registration agencies;

(B) Persons who are covered by the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq.;

(C) Persons covered by the Voting Accessibility for the Elderly and Handicapped Act, 52 U.S.C. § 20101 et seq.;

(D) Persons who are entitled to vote otherwise than in person under any other federal law;

(E) Persons who register to vote by mail and submit as part of the registration any of the identification documents listed in subdivision (e)(1) of this section; or

(F) Persons who register to vote by mail and submit with the registration either a driver's license number or at least the last four (4) digits of the individual's Social Security number and with respect to whom a state or local election official matches the license number or Social Security number with an existing state identification record bearing the same number, name, and date of birth as provided in the registration.

(f) Any person who receives an absentee ballot according to the precinct voter registration list but who elects to vote by early voting or to vote at his or her polling site on election day shall be permitted to cast a provisional ballot.

History

Acts 1969, No. 465, Art. 7, § 7; A.S.A. 1947, § 3-707; Acts 1987, No. 248, § 7; 1993, No. 716, § 1; 1995, No. 930, § 2; 1995, No. 941, § 2; 1999, No. 1462, § 1; 1999, No. 1471, § 1; 2003, No. 994, § 2; 2005, No. 2193, § 1; 2007, No. 560, § 2; 2013, No. 595, §§ 2, 3; 2017, No. 633, § 5; 2019, No. 462, § 6.

7-5-202. Public notice of elections.

(a)

(1) It shall be the duty of the county board of election commissioners at least eight (8) days before the beginning of early voting for a preferential primary, general primary, general election, general runoff, school, or special election to give public notice in a newspaper of general circulation in the county of:

(A) The date of the election;

(B) The hours of voting on election day;

(C) The places and times for early voting;

(D) Polling sites for holding the elections in the county;

(E) The candidates and offices to be elected at that time;

(F) The time and location of the opening, processing, canvassing, and counting of ballots;

(G) The location where lists of appointed election officials, deputy county clerks, or additional deputies hired to conduct early voting can be found and the dates the lists are available; and

(H) Directions for filing a written objection to the service of an election official, deputy county clerk, or additional deputy.

(2) A person shall not serve as an election official if:

(A) The person is:

(i) Married to or related within the second degree of consanguinity to a candidate running for office in the election;

(ii) The spouse of a member of a county board of election commissioners, except the spouse of a member of a county board of election commissioners may work as a poll worker if no objection is made to his or her service as a poll worker to the county board of election commissioners within seven (7) calendar days after posting the list of officials; or

(iii) A county party chair or his or her spouse, except the county party chair or his or her spouse may work as a poll worker if no objection is made to his or her service to the county board of election commissioners within seven (7) calendar days after posting the list of officials; and

(B) Another person makes an objection to his or her service to the county board of election commissioners within seven (7) calendar days after posting the list of officials.

(3) [Repealed.]

(b)

(1) At least five (5) days before a preferential primary, general primary, general election, general runoff, school election, or special election, a copy of the public notice may be posted at each polling site fixed for holding the election and shall be published in a newspaper of general circulation in the county.

(2)

(A) At least eight (8) days before the beginning of early voting, each county board of election commissioners or county clerk shall prepare and post in a public place in the county clerk's office its list of appointed election officials, deputy county clerks, or additional deputies hired to conduct early voting.

(B)

(i) At least eight (8) days before election day, each county board of election commissioners shall prepare and post in a public place in the county clerk's office its list of appointed election officials for election day.

(ii) The list may appoint election officials hired for election day in the event of a runoff election.

(iii) All election officials who are qualified to serve on election day are qualified to serve in a corresponding runoff election.

(c)

(1) On the day of any election, the following shall be posted at each polling site and remain posted continuously therein until the polls close:

(A) The public notice required in subsection (a) of this section;

(B)

(i) At least two (2) sample ballots, marked with the word “SAMPLE”, of each ballot style that will be used at the polling site.

(ii) If the polling site has more than fifteen (15) ballot styles and has posted a sample ballot for each ballot style via an internet website before the beginning of early voting, the polling site may provide the following in lieu of the sample ballots under subdivision (c)(1)(B)(i) of this section:

(a) At least two (2) bound volumes that include each sample ballot, marked with the word “SAMPLE”; or

(b) At least one (1) bound volume that includes each sample ballot, marked with the word “SAMPLE”, and at least one (1) electronic device that allows voters to access a sample ballot for each ballot style;

(C) Two (2) copies of the full text of all measures on the ballot;

(D) At least two (2) copies of instructions on how to vote, including how to cast a provisional ballot and instructions for fail-safe voting;

(E) General information on voting rights under applicable federal and state laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated;

(F)

(i) General information on federal and state laws regarding prohibitions on acts of fraud and misrepresentation; and

(ii) Information about the availability of the Attorney General's election law violation hotline, including without limitation the hotline telephone number of the Attorney General's election law violation hotline established under § 25-16-717;

(G)

(i) Double-sided signs containing the words “VOTE HERE”.

(ii) Each sign shall be at least two feet by two feet (2′ x 2′) in size and shall contain an arrow pointing to the polling site.

(iii) A sign shall be posted near each main driveway entrance to the polling site on each public street bordering the polling site so as to be visible to all traffic approaching the polling site.

(iv) The sign shall be as close as possible to the public street without obstructing traffic; and

(H) One (1) printout from each voting machine, terminal, or ballot tabulator showing that the candidate and question counters register zero (0).

(2) If a county is providing sample ballots for a specified polling site in bound volumes or electronic databases under subdivision (c)(1)(B)(ii) of this section, the county shall ensure the bound volumes or electronic databases are organized so that a voter may easily identify the sample ballot corresponding with his or her precinct-part.

(d) The Secretary of State shall provide to each county board of election commissioners and each county clerk the information to be posted at each polling site according to subdivisions (c)(1)(E) and (F) of this section.

History

Acts 1969, No. 465, Art. 6, §§ 4, 5; A.S.A. 1947, §§ 3-604, 3-605; Acts 1997, No. 451, § 7; 1999, No. 1490, § 3; 2001, No. 474, § 1; 2003, No. 994, § 3; 2005, No. 138, § 1; 2005, No. 1677, § 3; 2007, No. 222, § 4; 2007, No. 556, § 1; 2017, No. 798, § 1; 2019, No. 199, § 1; 2019, No. 258, § 1; 2019, No. 398, § 1; 2019, No. 473, § 3; 2021, No. 448, §§ 36; 2021, No. 974, § 5; 2021, No. 1051, § 5.

7-5-203. Certification of candidate lists.

(a)

(1) Not less than seventy-five (75) days before each general election day, the Secretary of State shall certify to all county boards of election commissioners full lists of all candidates to be voted for in their respective counties as the nominations have been certified or otherwise properly submitted to him or her.

(2) A name of a person shall not be certified and shall not be placed on the ballot if prior to the certification deadline a candidate on the list:

(A) Notifies the Secretary of State in writing, signed by the candidate and acknowledged before an officer authorized to take acknowledgements, of his or her desire to withdraw as a candidate for the office or position; or

(B) Dies.

(b)

(1) Not less than seventy-five (75) days before each general election day, the clerk of each county shall certify to the county board of election commissioners of his or her county a full list of all candidates to be voted for in the county as the nominations have been certified or otherwise properly submitted to him or her.

(2) A name of a person shall not be certified and shall not be placed on the ballot if prior to the certification deadline a candidate on the list:

(A) Notifies the county clerk in writing, signed by the candidate and acknowledged before an officer authorized to take acknowledgements, of his or her desire to withdraw as a candidate for the office or position; or

(B) Dies.

(c) However, in special elections held to fill vacancies or to elect officers in case of a tie vote, the certification shall issue at the time specified in the writ of election issued by the appropriately constituted authority.

History

Acts 1969, No. 465, Art. 6, § 6; 1985, No. 1055, § 2; A.S.A. 1947, § 3-606; Acts 1997, No. 451, § 8; 1999, No. 1490, § 4; 2005, No. 67, § 6; 2007, No. 1049, § 18; 2009, No. 1480, § 17; 2011, No. 1185, § 3.

7-5-204. Certification of measures and questions submitted to voters.

(a) Whenever a proposed amendment to the Arkansas Constitution or other measure or question is to be submitted to a vote of the people, the Secretary of State shall not certify the amendment, measure, or question to the county board of election commissioners of each county in the state less than seventy-five (75) days before each general election day.

(b) The county board of election commissioners shall include the amendment, measure, or question in the posting that it is required to make under § 7-5-206.

(c)

(1) If the Secretary of State has not determined the sufficiency of a petition for an amendment or a measure by the seventy-fifth day before the general election or if an amendment or a measure has been challenged for any reason in a court of competent jurisdiction, the Secretary of State shall nonetheless transmit the amendment or measure and the ballot title of each amendment and measure to the county election commissions to make any required posting and to place the amendment or measure on the ballot.

(2) If the petition for the amendment or measure is subsequently declared insufficient by the Secretary of State or a court of competent jurisdiction or if held to be invalid for any other reason, no votes regarding the amendment or measure shall be counted or certified.

History

Acts 1969, No. 465, Art. 6, § 7; A.S.A. 1947, § 3-607; Acts 1997, No. 451, § 9; 1999, No. 1490, § 5; 2007, No. 222, § 5; 2007, No. 1049, § 19; 2009, No. 959, § 4; 2011, No. 1185, § 4.

7-5-205. Write-in candidates' votes — When counted.

No votes for write-in candidates shall be counted or tabulated unless:

(1) The candidate notifies in writing the county board of election commissioners of each county in which the candidate seeks election at least ninety (90) days prior to the election and files the notice with either:

(A) The Secretary of State, if a candidate for the United States Senate, the United States House of Representatives, or any state or district office; or

(B) The county clerk, if a candidate for a county or township office;

(2) The candidate files with the county clerk or the Secretary of State, as required, a political practices pledge and an affidavit of eligibility for the office at the same time the candidate files his or her notice of write-in candidacy;

(3) The notice of write-in candidacy, the political practices pledge, and the affidavit of eligibility are filed during the party filing period; and

(4) The name written on the ballot is the same name listed on the write-in candidate's political practices pledge, except that any abbreviation, misspelling, or other minor variation in the form of the name of the candidate shall be disregarded if the intention of the voter may be ascertained.

History

Acts 1969, No. 465, Art. 6, § 14; 1985, No. 1055, § 1; A.S.A. 1947, § 3-614; Acts 1987, No. 247, § 1; 1987, No. 933, § 1; 1989, No. 912, § 1; 1997, No. 451, § 10; 1999, No. 640, § 1; 2001, No. 955, § 1; 2001, No. 1789, § 4; 2003, No. 542, § 2; 2003, No. 1165, § 4; 2007, No. 222, § 6; 2009, No. 1480, § 18; 2011, No. 1185, § 5; 2015, No. 26, § 1; 2019, No. 597, § 6.

7-5-206. Publication requirements.

(a) The county board of election commissioners shall publish all:

(1) Candidate nominations;

(2) Proposed amendments to the Arkansas Constitution; and

(3) Other measures and questions required by law to be submitted to the electors at any election.

(b) Publication of the information required in subsection (a) of this section shall be made by:

(1) Posting a list of all nominations, amendments, and other measures and questions to be submitted to electors at the door of the courthouse at least ten (10) days before the day of the election; and

(2)

(A) Submitting to the Secretary of State a sample ballot of each ballot style, marked with the word “SAMPLE”, that will be used at each polling site.

(B) Each sample ballot shall be submitted at least:

(i) Twenty (20) days before each preferential primary and general election; and

(ii) Ten (10) days before the holding of each general primary, general runoff, school, or special election.

(c) The Secretary of State shall publish all sample ballots on an internet site that is organized so that a voter may easily identify the sample ballot corresponding with his or her precinct-part.

History

Acts 1969, No. 465, Art. 6, § 8; A.S.A. 1947, § 3-608; Acts 1995, No. 497, § 2; 1995, No. 1085, § 2; 1997, No. 451, § 11; 2005, No. 67, § 7; 2007, No. 222, § 7; 2007, No. 1020, § 2; 2009, No. 959, § 5; 2021, No. 128, § 1.

7-5-207. Ballots — Names included — Draw for ballot position.

(a)

(1) Except as provided in subdivision (a)(2) of this section, all election ballots provided by the county board of election commissioners of any county in this state for any election shall contain in the proper place the name of every candidate whose nomination for any office to be filled at that election has been certified to the county board of election commissioners and shall not contain the name of any candidate or person who has not been certified.

(2)

(A) Except as provided in subdivision (a)(2)(B) of this section, unopposed candidates for all offices, including school board positions, shall be declared and certified elected without the necessity of including those names on the general election ballot.

(B)

(i) In an election in which one (1) or more candidates are unopposed, the phrase “unopposed candidates” shall appear on the ballot, adjacent to a place in which the voter may cast a vote for all unopposed candidates by placing an appropriate mark.

(ii) Votes received by an unopposed candidate in any election in this state may be counted or tabulated by the election officials for administrative purposes, but shall not be certified unless otherwise provided by law.

(iii) Votes received by an unopposed candidate for the office of Governor, mayor, circuit clerk, or the office of a nonjudicial state elected official shall be counted or tabulated by the election officials and certified according to law.

(iv) The names of all unopposed candidates for the office of Governor, mayor, circuit clerk, and the office of a nonjudicial state elected official shall be separately placed on the general election ballot, and the votes for mayor, Governor, circuit clerk, city clerk, and a nonjudicial state elected official shall be tabulated as in all contested races.

(v) All unopposed candidates, other than for the offices of Governor, mayor, circuit clerk, and the office of a nonjudicial state elected official, shall be declared and certified as elected in the same manner as if the candidate had been voted upon at the election.

(b) No person's name shall be placed upon the ballot as a candidate for any public office in this state at any election unless the person is qualified and eligible at the time of filing, or as otherwise may be provided by law, as a candidate for the office to hold the public office for which he or she is a candidate, except if a person is not qualified to hold the office at the time of filing because of age alone, the name of the person shall be placed on the ballot as a candidate for the office if the person will qualify to hold the office at the time prescribed by law for taking office.

(c)

(1) The order in which the names of the candidates shall appear on the ballot shall be determined by lot at a public meeting of the county board of election commissioners not less than seventy-two (72) days before the general election.

(2) Notice of the public meeting shall be given by publication in a newspaper of general circulation in the county at least three (3) days before the drawing.

(3) For runoff elections, the ballot order for eligible candidates shall be the same as for the previous election leading to the runoff.

(d)

(1) Adjacent to the name of each candidate in the general election shall be:

(A) His or her party designation; or

(B) The term “INDEPENDENT” if he or she represents no officially recognized party.

(2) Subdivision (d)(1) of this section does not apply to a:

(A) Nonpartisan election; or

(B) Nonpartisan municipal election.

History

Acts 1969, No. 465, Art. 6, § 13; 1971, No. 224, § 1; 1971, No. 261, §§ 20, 22; 1971, No. 355, §§ 1-3; 1971, No. 725, § 1; 1979, No. 389, § 1; A.S.A. 1947, §§ 3-613, 3-615; Acts 1997, No. 451, § 12; 2007, No. 1049, § 15; 2009, No. 959, § 6; 2009, No. 1480, § 19; 2011, No. 1185, § 6; 2013, No. 1110, § 4; 2017, No. 730, § 1; 2019, No. 254, § 1; 2019, No. 597, § 7; 2019, No. 1013, § 1; 2021, No. 448, § 7.

7-5-208. Ballots — Form.

(a) All election ballots provided by the county board of election commissioners of any county in this state for any election shall be alike and shall be in plain type.

(b)

(1) The heading of each ballot shall be:
“OFFICIAL BALLOT
(description)
ELECTION
(date), (year)

Vote by placing an appropriate mark opposite the person for whom you wish to vote.”

(2) If the ballot contains an initiated or referred amendment, act, or measure, the heading shall also contain these words: “Vote on amendments, acts, and measures by placing an appropriate mark below the amendment (or act or measure) either FOR or AGAINST.”

(c)

(1) Every ballot shall contain the name of each candidate who has been nominated or has qualified in accordance with law for each office. The names of the candidates shall be listed in a perpendicular column under the name of each office to be filled.

(2) In all elections in which votes for a write-in candidate may be counted, at the bottom of each list of names for each position or office appearing on the ballot, there shall be a blank line for a possible write-in vote for that position or office. However, the blank line shall not appear on the ballot with respect to those offices and candidates for positions in which no person has qualified as a write-in candidate by filing his or her notice of intention to be a write-in candidate within the time prescribed in § 7-5-205.

(d) Adjacent to the name of each candidate and on the same line there shall be a place for marking a vote for the candidate. Below each act, amendment, or measure to be voted on, there shall be the words “FOR” and “AGAINST” situated one above the other with a place for marking a vote for the act, amendment, or measure adjacent to each word and on the same line.

(e) Opposite the designation of each office, there shall appear these words: “VOTE FOR .” The number of persons required to fill the vacancy in office shall be placed in the blank space.

History

Acts 1969, No. 465, Art. 6, § 13; 1971, No. 224, § 1; 1971, No. 261, §§ 11, 20, 22; 1971, No. 355, §§ 1-3; 1979, No. 389, § 1; A.S.A. 1947, § 3-613; Acts 1987, No. 280, §§ 1, 2; 1993, No. 1011, § 1; 1995, No. 461, § 1; 1997, No. 451, § 13; 1999, No. 640, § 2; 2005, No. 1677, § 4; 2005, No. 2233, § 3; 2007, No. 705, § 1; 2007, No. 1049, § 16; 2009, No. 1480, § 20; 2011, No. 1020, § 1.

7-5-209. Ballots — Correction of errors.

Whenever it shall appear by affidavit that an error or omission has occurred in the publication of the names or description of candidates nominated for office or in the preparation of ballots, the county board of election commissioners shall in a public meeting announce the error or omission and immediately correct the error or omission or show cause why the correction should not be done.

History

Acts 1969, No. 465, Art. 6, § 12; A.S.A. 1947, § 3-612; Acts 1997, No. 451, § 14; 2009, No. 1480, § 21.

7-5-211. Delivery of election supplies.

(a) At least one (1) day before any election:

(1)

(A) The county board of election commissioners shall designate a suitable person or persons and deliver to the person or persons the ballots.

(B) The person shall not be an elected official, an elected official's deputy, or a candidate for office; and

(2) For each set of poll workers in each polling place, the county board of election commissioners shall deliver to the designated person or persons the following additional election supplies if applicable:

(A) A good and sufficient ballot box with numbered seals;

(B) Sufficient list-of-voters forms adequate to record the names of all registered voters who appear to vote in the polling place;

(C) A precinct voter registration list;

(D) Sufficient tally sheets;

(E) Envelopes to seal the ballots and certificates;

(F) Separate sheets containing blank forms of certificates prepared to enable the poll workers to properly certify the paper ballot count at the polling site, upon which certificates shall be endorsed a blank form of oath to be taken by the poll workers before entering upon the discharge of their duties;

(G) Voter registration application forms for voters using fail-safe voting and other record-keeping supplies necessary to document fail-safe voting procedures; and

(H) In those counties in which an optical scanner is used to count paper ballots, the marking instrument recommended by the manufacturer of the optical scanner for proper marking on the ballots shall be provided.

(b) The county board of election commissioners shall be responsible for the security of the delivered election materials.

(c) The county board of election commissioners shall be responsible for providing ballots and election materials for absentee and early voting to the county clerk before the beginning day for absentee and early voting.

History

Acts 1969, No. 465, Art. 6, § 11; 1973, No. 157, § 8; A.S.A. 1947, § 3-611; Acts 1995, No. 601, § 2; 1995, No. 946, § 3; 1995, No. 963, § 3; 1997, No. 451, § 15; 1999, No. 920, § 1; 2001, No. 1178, § 1; 2007, No. 1020, § 4; 2009, No. 959, § 7; 2009, No. 1480, § 23.

7-5-301. Acquisition, use, and cost of voting systems.

(a) The casting and counting of votes in all elections shall be by:

(1) Voting machines selected by the Secretary of State;

(2) Electronic vote tabulating devices in combination with voting machines accessible to voters with disabilities to be selected by the Secretary of State; or

(3) Paper ballots counted by hand in combination with voting machines accessible to voters with disabilities selected by the Secretary of State.

(b) All direct recording electronic voting machines shall include a voter-verified paper audit trail.

(c)

(1) The quorum court of each county shall choose by resolution a voting system containing voting machines or electronic vote tabulating devices, or both, or voting machines in combination with paper ballots counted by hand for use in all elections in the county.

(2) Any voting machine or electronic vote tabulating devices chosen by the quorum court shall be those selected by the Secretary of State.

(3) Any voting system used in elections for federal office shall comply with the requirements of the federal Help America Vote Act of 2002.

(d)

(1) Voting machines and electronic vote tabulating devices shall be purchased pursuant to a competitive bidding process with consideration given to:

(A) Price;

(B) Quality; and

(C) Adaptability to Arkansas ballot requirements.

(2)

(A) The Secretary of State shall establish guidelines and procedures for a grant program to distribute funds from the County Voting System Grant Fund, § 19-5-1247.

(B) A grant provided to a county from the County Voting System Grant Fund, § 19-5-1247, shall be paid into the county treasury to the credit of the voting system grant fund.

(C) Moneys deposited into the voting system grant fund shall be appropriated by the quorum court according to the guidelines established by the Secretary of State under subdivision (d)(2)(A) of this section.

(e) The Secretary of State or the county shall not purchase or procure any voting machine or electronic vote tabulating device unless the party selling the machine or device shall:

(1) Guarantee the machines in writing for a period of one (1) year; and

(2) Provide, if deemed necessary by the county, personnel for the supervision and training of county personnel for at least two (2) elections, one (1) primary and one (1) general at no additional cost to the county or the Secretary of State.

(f) Each county shall provide polling places that are adequate for the operation of the voting system, including, but not limited to, access, if necessary, to a sufficient number of electrical outlets and telephone lines.

(g) Each county shall provide or contract for adequate technical support for the installation, set up, and operation of the voting system for each election.

(h) The Secretary of State shall be responsible for the development, implementation, and provision of a continuing program to educate voters and election officials in the proper use of the voting system.

(i) Electronic vote tabulating devices and voting machines, authorized as provided under this subchapter, may be acquired and used in any election upon the adoption of an ordinance by the quorum court of the county.

(j) The costs of using electronic vote tabulating devices and voting machines at all general and special elections, including, but not limited to, costs of supplies, technical assistance, and transportation of the systems to and from the polling places, shall be paid in accordance with § 7-5-104.

(k) The county board of election commissioners shall have complete control and supervision of voting machines and electronic vote tabulating devices at all elections.

(l) The county clerk shall have supervision of voting machines and electronic vote tabulating devices used for early voting in the clerk's designated early voting location.

(m)

(1) The county board of election commissioners shall have the care and custody of all voting machines and all electronic vote tabulating devices while not in use.

(2) The county board of election commissioners shall be responsible for the proper preparation, use, maintenance, and care of the voting machines and the electronic vote tabulating devices during the period of time required for that election.

(n) During any time a voter is eligible to cast a ballot, the electronic voting machine or the electronic vote tabulating device shall not:

(1) Be connected to the internet or an external network;

(2) Be capable of establishing a wireless connection; or

(3) Establish a connection to an external network through:

(A) A cable;

(B) A wireless modem; or

(C) Any other mechanism or process.

History

Acts 1969, No. 465, Art. 7, § 2; 1971, No. 261, § 10; A.S.A. 1947, § 3-702; Acts 1995, No. 946, § 4; 1995, No. 963, § 4; 1997, No. 451, § 16; 2005, No. 2233, § 4; 2007, No. 1020, § 5; 2009, No. 959, §§ 8, 9; 2011, No. 1189, § 2; 2013, No. 277, § 1; 2015, No. 1218, § 4; 2019, No. 399, § 1; 2021, No. 468, § 1; 2021, No. 735, § 1.

7-5-304. Opening and closing polls — Time.

(a) The polls shall be opened at 7:30 a.m., and they shall remain open continuously until 7:30 p.m.

(b) In all counties, when the polls close, all persons who have presented themselves for voting and who are then in line at the polling site shall be permitted to cast their votes.

(c)

(1) A person who votes in an election as a result of a federal or state court order or any other order extending the time established for closing the polls may vote in that election only by casting a provisional ballot.

(2) The ballot shall be separated and held apart from other provisional ballots cast by those not affected by the order.

History

Acts 1969, No. 465, Art. 7, § 1; 1981, No. 104, § 1; A.S.A. 1947, § 3-701; Acts 1993, No. 515, § 1; 2007, No. 1020, § 6; 2009, No. 959, § 10.

7-5-305. Requirements.

(a) Before a person is permitted to vote, the poll worker shall:

(1) Request the voter to identify himself or herself in order to verify the existence of his or her name on the precinct voter registration list;

(2) Request the voter, in the presence of the poll worker, to state his or her address and state his or her date of birth;

(3) Determine that the voter's date of birth and address are the same as those on the precinct voter registration list;

(4) If the date of birth given by the voter is not the same as that on the precinct voter registration list, request the voter to provide identification as the poll worker deems appropriate;

(5)

(A) If the voter's address is not the same as that on the precinct voter registration list, verify with the county clerk that the address is within the precinct.

(B) If the address is within the precinct, request the voter to complete a voter registration application form for the purpose of updating county voter registration record files.

(C) If the address is not within the precinct:

(i) Verify with the county clerk's office the proper precinct; and

(ii) Instruct the voter to go to the polling site serving that precinct in order for his or her vote to be counted;

(6) If the voter's name is not the same as that on the precinct voter registration list, request the voter to complete a voter registration application form for purposes of updating county voter registration record files;

(7) Request the voter, in the presence of the poll worker, to sign his or her name, including the given name, middle name or initial, if any, and last name in the space provided on the precinct voter registration list. If a person is unable to sign his or her signature or make his or her mark or cross, the poll worker shall enter his or her initials and the voter's date of birth in the space for the person's signature on the precinct voter registration list;

(8)

(A) Except as provided in this section, request that the voter present verification of voter registration by providing a document or identification card that meets the requirements of Arkansas Constitution, Amendment 51, § 13, if required by that section.

(B)

(i) If a voter is unable to present verification of voter registration in the form of a document or identification card required by Arkansas Constitution, Amendment 51, § 13, the poll worker shall:

(a) Indicate on the precinct voter registration list that the voter did not present verification of voter registration by providing a document or identification card required by Arkansas Constitution, Amendment 51, § 13; and

(b) Permit the voter to cast a provisional ballot.

(ii) When a voter is unable to provide verification of voter registration, the voter and the election official shall follow the procedure under Arkansas Constitution, Amendment 51, § 13.

(iii) A first-time voter who registers by mail without providing identification when registering and desires to vote in person but who does not meet the identification requirements of § 7-5-201(e) may cast a provisional ballot.

(iv) Following each election, the county board of election commissioners may review the precinct voter registration lists and may provide the information of the voters not presenting verification of voter registration at the polls to the prosecuting attorney.

(v) The county board of election commissioners shall refer suspected instances of voter fraud to the prosecuting attorney.

(vi) The prosecuting attorney may investigate possible voter fraud;

(9) Record the voter's name or request the voter to print his or her name on the list-of-voters form;

(10) Follow the procedures under §§ 7-5-310 and 7-5-311 if the person is a voter with a disability and presents himself or herself to vote;

(11) Verify if a person requested an absentee ballot according to the precinct voter registration list; and

(12) Permit the person to cast a provisional ballot if the person received an absentee ballot according to the precinct voter registration list.

(b) A person not listed on the precinct voter registration list may vote only in accordance with § 7-5-306.

History

Acts 1969, No. 465, Art. 7, § 8; A.S.A. 1947, § 3-708; Acts 1993, No. 487, § 2; 1995, No. 946, § 6; 1995, No. 963, § 6; 1997, No. 451, § 18; 1999, No. 1454, § 1; 2001, No. 471, § 1; 2003, No. 994, § 4; 2003, No. 1308, § 4; 2005, No. 238, § 1; 2005, No. 2193, § 2; 2007, No. 1020, § 8; 2009, No. 959, § 11; 2013, No. 595, § 4; 2017, No. 633, § 6; 2021, No. 1063, § 7.

7-5-306. Procedure when voter's name is not on the precinct voter registration list.

(a) If the voter's name is not on the precinct voter registration list, the poll worker shall permit the voter to vote only under the following conditions:

(1) The voter identifies himself or herself by stating his or her name and date of birth and is verified by the county clerk as a registered voter within the county and, if the county is divided into more than one (1) congressional district, within the same congressional district;

(2) The voter gives and affirms his or her current residence and the poll worker verifies with the county clerk that the voter's residence is within the precinct;

(3) The voter completes an updated voter registration application form; and

(4) The voter signs the precinct voter registration list.

(b) If the voter is not listed on the precinct voter registration list and the poll worker is unable to verify the voter's registration with the county clerk and the voter contends that he or she is a registered voter in the precinct in which he or she desires to vote and that he or she is eligible to vote, then the voter shall be permitted to cast a provisional ballot.

History

Acts 1969, No. 465, Art. 7, § 9; A.S.A. 1947, § 3-709; Acts 1995, No. 946, § 7; 1995, No. 963, § 7; 1997, No. 451, § 19; 2003, No. 994, § 5; 2005, No. 238, § 2; 2007, No. 224, § 2; 2009, No. 959, § 12.

7-5-308. Provisional ballot procedure.

(a) Except as provided under subsection (b) of this section, if a voter is required by law to cast a provisional ballot, the provisional ballot shall be cast pursuant to the following procedures:

(1) A poll worker shall notify the voter that the voter may cast a provisional ballot in that election;

(2) The voter shall execute a written eligibility affirmation under penalty of perjury in the presence of the poll worker stating that he or she is a registered voter in the precinct in which he or she desires to vote and is eligible to vote;

(3) Unless a provisional ballot is cast using a ballot marking device, the poll worker shall initial the back of the provisional ballot, remove the provisional ballot stub from the provisional ballot, and place the stub in the stub box provided;

(4) The voter shall mark his or her provisional ballot;

(5) The voter shall place the voted provisional ballot in a provisional ballot secrecy envelope marked “provisional ballot” and seal the envelope;

(6) The voter shall place the sealed provisional ballot envelope containing the voted provisional ballot in a voter envelope, seal the envelope, and give it to the poll worker;

(7) The poll worker shall provide the voter written information instructing him or her on how to determine whether his or her provisional ballot was counted, and if not, the reason the provisional ballot was not counted; and

(8) The poll worker shall make a separate list of the names and addresses of all persons voting a provisional ballot under this subsection, and each person voting a provisional ballot shall sign his or her name to this list.

(b) If a voter is required by law to cast a provisional ballot because the voter is unable to verify his or her registration by providing a document or identification card that meets the requirements of Arkansas Constitution, Amendment 51, § 13, the provisional ballot shall be cast pursuant to the following procedures:

(1) The poll worker shall indicate on the precinct voter registration list that the voter did not present a required document or identification card;

(2) The poll worker shall notify the voter that the voter may cast a provisional ballot in that election;

(3) The voter shall execute a written eligibility affirmation under penalty of perjury in the presence of the poll worker stating that he or she is a registered voter in the precinct in which he or she desires to vote and is eligible to vote;

(4) Unless a provisional ballot is cast using a ballot marking device, the poll worker shall initial the back of the provisional ballot, remove the provisional ballot stub from the provisional ballot, and place the stub in the stub box provided;

(5) The voter shall mark his or her provisional ballot;

(6) The voter shall place the voted provisional ballot in a provisional ballot secrecy envelope marked “provisional ballot” and seal the envelope;

(7) The voter shall place the sealed provisional ballot envelope containing the voted provisional ballot in a voter envelope, seal the envelope, and give it to the poll worker;

(8) The poll worker shall provide the voter written information instructing him or her on how to determine whether his or her provisional ballot was counted, and if not, the reason the ballot was not counted; and

(9) The poll worker shall make a separate list of the names and addresses of all persons voting a provisional ballot under this subsection, and each person voting a provisional ballot shall sign his or her name to this list.

(c) The poll worker shall preserve, secure, and separate all provisional ballots under subsections (a) and (b) of this section from the remaining ballots so that the right of any person to vote may be determined later by the county board of election commissioners or the court in which an election contest may be filed.

(d)

(1) Whenever a person casts a provisional ballot under this section, the poll worker shall provide the voter written information that states that the individual who casts a provisional ballot will be able to ascertain whether the provisional vote was counted, and if not, the reason the provisional vote was not counted.

(2) The Secretary of State shall establish a free access system to allow a provisional voter under this section to ascertain whether his or her provisional vote was counted, and if not, the reason his or her provisional vote was not counted.

(3) Access to information about an individual provisional ballot shall be restricted to the voter who cast the provisional ballot.

(e)

(1) Before certification of the results of the election, the county board of election commissioners shall determine whether the provisional ballots are valid.

(2) Unless enjoined by a court of competent jurisdiction, a provisional ballot under subsection (a) of this section shall be counted if:

(A) It is cast by a registered voter and is the correct ballot, according to the precinct listed on the voter's eligibility affirmation, for the precinct of the voter's residence; and

(B) The county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds.

(f) Unless enjoined by a court with jurisdiction, a provisional ballot under subsection (b) of this section shall be counted if:

(1) The voter returns to the county board of election commissioners or the county clerk by 12:00 noon on the Monday following the election and presents a document or identification card that complies with the requirements of Arkansas Constitution, Amendment 51, § 13; and

(2) The county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds.

(g) If, upon examination of a provisional ballot under this section, the county board of election commissioners suspects that a violation of the election laws has occurred, the county board of election commissioners may refer the matter to the prosecuting attorney.

History

Acts 1969, No. 465, Art. 7, § 12; A.S.A. 1947, § 3-712; Acts 2007, No. 224, § 4; 2009, No. 1480, § 25; 2017, No. 633, § 7; 2019, No. 109, §§ 1, 2; 2021, No. 249, §§ 3, 4.

7-5-309. Voting procedure.

(a) Before giving the voter a preprinted paper ballot, a poll worker shall:

(1) Initial the back of the ballot;

(2) Remove the ballot stub; and

(3) Place the stub into the stub box provided.

(b)

(1)

(A) Upon receiving his or her ballot, the voter may mark the ballot appropriately at a voting booth, voting machine, or private voting place that allows for the voter to mark the ballot in secrecy so that no one may view how he or she voted.

(B) A voter shall not be allowed more than ten (10) minutes to mark his or her ballot.

(2) The voter or the voter's authorized assistant shall deposit the marked ballot into the ballot box provided.

(c) The voter shall not be required to sign, initial, or in any way identify himself or herself with the ballot, the ballot stub, or the list of voters other than in the manner provided in this section.

(d) [Repealed.]

(e) After having voted or having declined to vote, the voter shall immediately depart from the polling site.

(f) A person shall not carry a ballot outside of the polling place.

(g)

(1) If a paper ballot is left in the polling site outside of the ballot box after the voter has departed, a poll worker shall:

(A) Write “Abandoned” on the face of the paper ballot;

(B) Place the paper ballot into an envelope marked “Abandoned Ballot”;

(C) Note in writing on the outside of the envelope the circumstances surrounding the abandoned ballot; and

(D) Preserve the abandoned ballot separately.

(2) The county board of election commissioners shall not count the ballot.

(h)

(1) If an electronic vote tabulating device at the polling site has rejected a ballot that remains in the receiving part of the device, two (2) poll workers shall override warnings on the device and complete the process of casting the ballot only if:

(A) The voter has departed the polling site; and

(B) The voter did not indicate that he or she chose to cancel or replace the ballot.

(2) The poll workers shall document:

(A) The time;

(B) The name of the voter;

(C) The names of the poll workers completing the process of casting the ballot; and

(D) All other circumstances surrounding the abandoned ballot.

History

Acts 1969, No. 465, Art. 7, § 11; A.S.A. 1947, § 3-711; Acts 1997, No. 451, § 21; 2005, No. 880, § 2; 2007, No. 224, § 5; 2007, No. 834, § 1; 2009, No. 959, § 13; 2011, No. 1033, § 1; 2013, No. 1424, § 1; 2013, No. 1461, § 1; 2017, No. 908, § 1; 2019, No. 109, § 3; 2019, No. 534, § 1; 2019, No. 664, § 1.

7-5-310. Privacy — Assistance to voters with disabilities.

(a)

(1) Each voter shall be provided the privacy to mark his or her ballot. Privacy shall be provided by the poll workers at each polling site or by the county clerk, if the county clerk conducts early voting, to ensure that a voter desiring privacy is not singled out.

(2)

(A) In a county that uses paper ballots, the county board of election commissioners shall determine and provide the appropriate number of voting booths for each polling site.

(B) A voting booth shall be:

(i) Constructed to permit the voter to prepare his or her ballot while screened from observation;

(ii) Furnished with supplies and conveniences that will enable the voter to prepare his or her ballot; and

(iii) Situated in the plain view of a poll worker.

(C) If a person is not a poll worker and is not casting a ballot, he or she shall not be within six feet (6′) of the voting booths, unless:

(i) The person is authorized by an election judge; and

(ii) The person's presence is necessary to keep order or enforce the law.

(3) A person may not enter a polling site on election day during voting hours unless the person is:

(A) An election official;

(B) An authorized poll watcher;

(C) A voter present to cast his or her ballot;

(D) A person in the care of a voter if the person:

(i) Does not disrupt or interfere with the normal voting procedures; and

(ii) Is not eligible to vote in that election;

(E) A person lawfully assisting the voter;

(F) A law enforcement officer or emergency service personnel who are acting in the line of duty;

(G) A monitor authorized by the State Board of Election Commissioners or observer authorized by a federal agency with the authority to place the observer at the polling site;

(H)

(i) A person with business in the polling site that is not connected to the election.

(ii) A person with business in the polling site that is not connected to the election shall remain outside of the voter processing area or voting room except to pass through or by the voter processing area or voting room without speaking to a voter or an election official and with the purpose to conduct his or her business;

(I) A person whom the county clerk or the county board of election commissioners has authorized to assist in conducting the election;

(J) A person authorized by the State Board of Election Commissioners or the county board of election commissioners; or

(K) The county clerk.

(b)

(1) A voter shall inform the poll workers at the time that the voter presents himself or herself to vote that he or she is unable to mark or cast the ballot without help and needs assistance in casting or marking his or her ballot.

(2) The voter shall be directed to a voting machine equipped for use by persons with disabilities by which he or she may elect to cast his or her ballot without assistance, or the voter may request assistance with either the paper ballot or the voting machine, depending on the voting system in use for the election, by:

(A) Two (2) poll workers; or

(B) A person named by the voter.

(3) If the voter is assisted by two (2) poll workers, one (1) of the poll workers shall observe the voting process and one (1) may assist the voter in marking and casting the ballot according to the wishes of the voter without comment or interpretation.

(4)

(A)

(i) If the voter is assisted by one (1) person named by the voter, he or she may assist the voter in marking and casting the ballot according to the wishes of the voter without any comment or interpretation.

(ii) If an election official witnesses the person assisting the voter commenting or interpreting in violation of subdivision (b)(4)(A)(i) of this section:

(a) The election official may cause the person assisting the voter to be removed from the polling site; and

(b) If the voter requests additional assistance in marking and casting his or her ballot, it may be provided by two (2) election officials trained to do so.

(B) No person other than the following shall assist more than six (6) voters in marking and casting a ballot at an election:

(i) A poll worker;

(ii) The county clerk during early voting; or

(iii) A deputy county clerk during early voting.

(C) If the person whose assistance has been requested by the voter is a candidate on the ballot:

(i) The candidate shall not assist more than six (6) voters in the election; and

(ii) The candidate may only assist a voter who is related to the candidate within the second degree of consanguinity.

(5) It shall be the duty of the poll workers at the polling site to make and maintain a list of the names and addresses of all persons assisting voters.

(c) Any voter who, because of physical, sensory, or other disability, presents himself or herself for voting and then informs a poll worker at the polling site that he or she is unable to stand in line for extended periods of time shall be entitled to and assisted by a poll worker to advance to the head of any line of voters then waiting in line to vote at the polling site.

History

Acts 1995, No. 908, § 1; 1995, No. 1296, § 39; 1997, No. 451, § 22; 2003, No. 1308, § 1; 2005, No. 2233, § 6; 2007, No. 1020, § 7; 2009, No. 658, § 3; 2009, No. 959, § 14; 2013, No. 1461, § 2; 2019, No. 965, § 1.

7-5-311. Voters with disabilities — Special procedures — Definition.

(a) The county boards of election commissioners shall provide voting locations that are accessible to voters with disabilities and shall provide reasonable and adequate methods whereby voters with disabilities may personally and secretly execute their ballots at the polling places.

(b) After conferring with and obtaining the assistance of persons with disabilities or organizations of citizens with disabilities, the State Board of Election Commissioners shall offer to assist local election authorities with the implementation of Title II requirements of the Americans with Disabilities Act and with the Title III requirements of the Help America Vote Act of 2002 regarding accessibility for voters with disabilities.

(c) As used in this section, the term “disability” means any physical, mental, or sensory impairment.

(d)

(1) The county board of election commissioners shall be responsible for compliance with this section and with Pub. L. No. 98-435, Title II of Pub. L. No. 101-336, the Americans with Disabilities Act, and the Help America Vote Act of 2002 regarding the accessibility of voting locations for voters with disabilities.

(2) The State Board of Election Commissioners shall mail to the chair of each county board of election commissioners and the chair of each county political party a copy of this section and of Pub. L. No. 98-435.

History

Acts 1979, No. 972, § 1; A.S.A. 1947, § 3-721; Acts 1989, No. 912, § 2; 1993, No. 1192, § 3; 1995, No. 1120, § 1; 1999, No. 643, §§ 1, 2; 2003, No. 1308, § 2; 2005, No. 1827, § 4; 2007, No. 1020, § 9.

7-5-312. Challenge of voter's ballot by poll watchers, candidates, or designees.

(a) Poll watchers shall include any:

(1) Candidate in person, but only during the counting and tabulation of ballots and the processing of absentee ballots;

(2) Authorized representative of a candidate;

(3) Authorized representative of a group seeking the passage or defeat of a measure on the ballot; and

(4) Authorized representative of a political party with a candidate on the ballot.

(b) Each candidate, group, or party may have at any given time during the election, including early voting:

(1) One (1) authorized representative present at any one (1) time at each location within a polling site where voters identify themselves to election officials, so as to observe and ascertain the identity of those persons presenting themselves to vote for the purpose of challenging voters; and

(2) One (1) authorized representative present at any one (1) time at each location within the absentee ballot processing site where absentee ballots are processed, so as to observe and ascertain the identity of absentee voters for the purpose of challenging any absentee vote.

(c) In accordance with §§ 7-5-316, 7-5-413, 7-5-416, 7-5-527, and 7-5-615, a candidate in person or an authorized representative of a candidate or political party may be present at a polling site, central counting location, and absentee ballot counting location for the purpose of witnessing the counting of ballots by election officials and determining whether ballots are fairly and accurately counted.

(d) The document designating and authorizing a representative of a candidate, a representative of a group seeking the passage or defeat of a measure on the ballot, and a representative of a political party with a candidate on the ballot shall be filed with the county clerk and a file-marked copy shall be presented by the poll watcher to the election official immediately upon entering the polling site, absentee ballot processing site, or counting location in the following form:Click here to view form.

(e) Poll watcher rights and responsibilities shall be printed on the back of the document in the following form:

“POLL WATCHER RIGHTS AND RESPONSIBILITIES

A poll watcher may be:

(1) A candidate in person, but only during the counting and tabulation of ballots and the processing of absentee ballots;

(2) An authorized representative of a candidate;

(3) An authorized representative of a group seeking the passage or defeat of a measure on the ballot; or

(4) An authorized representative of a party with a candidate on the ballot.

Official recognition of poll watchers:

(1) Only one (1) authorized poll watcher per candidate, group, or party at any one (1) given time may be officially recognized as a poll watcher at each location within a polling site where voters identify themselves to election officials;

(2) Only one (1) authorized poll watcher per candidate, group, or party at any one (1) given time may be officially recognized as a poll watcher at each location within the absentee ballot processing site where absentee ballots are processed; and

(3) Only one (1) authorized poll watcher per candidate or party at any one (1) given time may be officially recognized as a poll watcher at the counting of the ballots.

Poll watcher credentials:

(1) Except for candidates in person, poll watchers must present a valid affidavit in the form of a ‘Poll Watcher Authorization Form’ to an election official immediately upon entering the polling or counting location; and

(2) Candidates in person attending a counting site or absentee ballot processing site are not required to present a ‘Poll Watcher Authorization Form’ but must present some form of identification to an election official immediately upon entering the site for the purpose of confirming the poll watcher as a candidate on the ballot.

Poll watchers may:

(1) Observe the election officials;

(2) Stand close enough to the place where voters check in to vote so as to hear the voter's name;

(3) Compile lists of persons voting;

(4) Challenge ballots upon notification to an election official before the voter signs the precinct voter registration list and upon completing a ‘Challenged Ballot Form’;

(5) Call to the attention of the election sheriff any occurrence believed to be an irregularity or violation of election law. The poll watcher may not discuss the occurrence unless the election sheriff invites the discussion; and

(6) Be present at the opening, processing, and canvassing of absentee ballots for the purpose of challenging absentee votes in the manner provided by law for personal voting challenges.

Poll watchers representing a candidate or political party may:

(1) Remain at the polling site after the poll closes if ballots are counted at the poll;

(2) Be present at the counting of votes by hand or by an electronic vote tabulating device at a central location;

(3) Be present at the counting of absentee ballots for the purpose of witnessing the counting of ballots by election officials and determining whether ballots are fairly and accurately counted; and

(4) Upon request made to an election official, inspect any or all ballots at the time the ballots are being counted.

Poll watchers may not:

(1) Be within six feet (6′) of any voting machine or booth used by voters to cast their ballot;

(2) Speak to any voter or in any way attempt to influence a voter inside the polling site or within one hundred feet (100′) of the primary exterior entrance used by voters to the building containing the polling site; or

(3) Disrupt the orderly conduct of the election.”

(f) Poll watcher rights and responsibilities shall be posted in plain view at each polling site, absentee ballot processing site, and counting site.

(g) A poll watcher may challenge a voter only on the grounds that the voter is not eligible to vote in the precinct or that the voter has previously voted at that election.

(h)

(1) When the ballot of any voter is thus challenged, it shall be treated as a provisional ballot.

(2) The poll watcher shall notify an election official of the challenge before the voter signs the precinct voter registration list.

(3) The poll watcher shall complete a challenged ballot form.

(4) The election official shall inform the voter that his or her ballot is being challenged.

(5) The procedures for casting a provisional ballot under § 7-5-308 shall be followed.

History

Acts 1969, No. 465, Art. 7, § 14; 1977, No. 114, § 1; A.S.A. 1947, § 3-714; Acts 1987, No. 247, § 2; 1987, No. 905, § 1; 1991, No. 407, § 1; 1991, No. 529, § 1; 1997, No. 451, § 23; 2003, No. 994, § 6; 2003, No. 1154, § 1; 2005, No. 67, § 8; 2005, No. 880, § 3; 2007, No. 224, § 6; 2009, No. 1480, § 26.

7-5-314. Duties of election officials — Voter lists.

The election officials shall total the number of voters on the list of voters form, and the lists shall be certified and attested to by the election officials.

History

Acts 1969, No. 465, Art. 7, § 16; 1971, No. 261, § 13; 1973, No. 157, § 7; A.S.A. 1947, § 3-716; Acts 1987, No. 247, § 3; 1993, No. 512, § 2; 1995, No. 946, § 8; 1995, No. 963, § 8; 1997, No. 451, § 25; 2007, No. 1020, § 10.

7-5-315. Counting votes for unopposed and deceased candidates.

(a)

(1) The votes received by an unopposed candidate in any election held in this state may be counted or tabulated for administrative purposes but shall not be certified, unless otherwise provided by law, by the election officials. The word “UNOPPOSED” shall be inserted on the tally sheet to indicate that the candidate has received a majority of the votes cast in the election. However, the votes received by an unopposed candidate for the office of Mayor, Governor, and Circuit Clerk shall be counted and tabulated by the election officials.

(2) All other unopposed candidates shall be declared and certified as elected in the same manner as if the candidate had been voted upon at the election.

(b)

(1) The votes received by any person whose name appeared on the ballot and who withdrew or died after the certification of the ballot shall be counted.

(2)

(A) If the person received enough votes to win the election, a vacancy in election shall be declared.

(B)

(i) If the person received enough votes to qualify for a runoff, the person's name shall appear on the runoff ballot.

(ii) If enough votes are cast for the person to win the runoff, then a vacancy in election shall exist.

History

Acts 1969, No. 465, Art. 7, § 17; A.S.A. 1947, § 3-717; Acts 1987, No. 248, § 8; 1991, No. 530, § 1; 1997, No. 451, § 26; 2003, No. 994, § 7; 2007, No. 1020, § 11; 2009, No. 1480, § 28; 2017, No. 730, § 2; 2019, No. 1013, § 2.

7-5-316. Presence of candidate — Designation of representatives.

(a) After the polls have been closed, the counting of votes shall be open to the public, and any candidate or political party may be present in person or by representative designated in writing pursuant to § 7-5-312 at the count of the ballots in any election for the purpose of determining whether or not the ballots in any election precinct are fairly and accurately counted.

(b) The representatives of political parties may be designated and authorized by either the chair or the secretary of the state or county committee, and representatives of candidates may be designated and authorized by the candidate represented.

History

Acts 1969, No. 465, Art. 7, § 15; 1971, No. 261, § 12; A.S.A. 1947, § 3-715; Acts 1997, No. 451, § 27; 2003, No. 1154, § 2; 2009, No. 1480, § 29.

7-5-317. Processing and delivery of election materials.

(a) After the polls close, all of the election materials shall be processed and delivered in the following manner:

(1) The poll workers shall total the number of voters on the list-of-voters form and certify and attest the form;

(2) The list-of-voters form, precinct voter registration list, voter registration application forms, and other recordkeeping supplies shall be delivered to the county clerk;

(3) Certificates of election results and tally sheets:

(A) One (1) copy of the certificate of election results with one (1) copy of the tally sheets, if any, shall be delivered to the county clerk; and

(B) One (1) copy of the certificate of election results shall be returned with one (1) copy of the tally sheets, if any, and reports of challenges of voters, if any, to the county board of election commissioners;

(4) Ballots:

(A) The poll workers shall securely envelope any voted ballots separately from any unused ballots and place the ballots in a container with a numbered seal and then deliver the ballots with the tally sheets, if any, and other election materials to the county board of election commissioners; and

(B) All cancelled ballots shall be preserved separately from the other ballots and returned to the county board of election commissioners; and

(5) Sealed stub boxes shall be delivered to the county board of election commissioners for storage.

(b) All of the election materials, stub boxes, and returns shall be delivered to the county board of election commissioners by the poll workers immediately after the polls close.

History

Acts 1969, No. 465, Art. 7, § 18; A.S.A. 1947, § 3-718; 1995, No. 946, § 9; Acts 1995, No. 963, § 9; 1997, No. 451, § 28; 2001, No. 797, § 1; 2005, No. 67, § 9; 2009, No. 959, § 15; 2009, No. 1480, § 30; 2013, No. 236, § 1; 2017, No. 621, §§ 1, 2.

7-5-318. Failure to deliver materials — Penalty — Messenger to obtain delinquent returns.

(a) If the poll workers fail to deliver the ballots, ballot stubs, certification of election, voter lists, and other election returns in the manner provided for in § 7-5-317, the poll workers shall forfeit the sum of two hundred dollars ($200) to be recovered by action of debt in the name of the state for the use of the county.

(b) Upon failure of delivery of the election returns immediately after the polls close, the county board of election commissioners shall dispatch a peace officer to obtain the election returns, and all expenses incurred by sending the messenger shall be paid by the defaulting poll workers.

History

Acts 1969, No. 465, Art. 7, § 19; A.S.A. 1947, § 3-719; Acts 1997, No. 451, § 29; 2001, No. 798, § 1; 2009, No. 959, § 15.

7-5-319. Recount.

(a)

(1) Any candidate voted for who may be dissatisfied with the returns from any precinct shall have a recount of the votes cast therein upon the candidate's presenting the county board of election commissioners with a petition requesting the recount.

(2) When the number of outstanding absentee ballots of overseas voters is not sufficient to change the results of the election, the candidate must present the petition no later than two (2) days after the county board of election commissioners declares preliminary and unofficial results of the election, including a statement of the number of outstanding absentee ballots of overseas voters.

(3) When the number of outstanding absentee ballots of overseas voters is sufficient to potentially change the results of the election, the candidate must present the petition at any time before the county board of election commissioners finally completes the canvass of the returns of the election and certifies the result.

(b) At the time that the petition requesting the recount is presented, the county board of election commissioners shall provide to the candidate requesting the recount a copy of the test results on the voting machines and the electronic vote tabulating devices. Only one (1) recount per candidate per election shall be permitted. The county board of election commissioners shall certify the results of the last recount. The county board of election commissioners may upon its own motion conduct a recount of the returns from any or all precincts.

(c)

(1) For any recount of an election in which ballots are cast using a direct recording electronic voting machine with a voter-verified paper audit trail, the voter-verified paper audit trail shall serve as the official ballot to be recounted.

(2) The county board of election commissioners either may:

(A) Manually sum the total votes for each candidate involved in the recount that is printed on the voter-verified paper audit trail; or

(B) Count by hand the votes for each candidate involved in the recount as shown on the voter-verified paper audit trail.

(3) If the voter-verified paper audit trail is damaged or for some other reason is incapable of being used for a recount, the paper record produced by the machine for manual audit shall be the official ballot to be recounted.

(4) If the voting machine is exempt from the requirement to have a voter-verified paper audit trail and does not have one, the paper record produced by the machine for manual audit shall be the official ballot to be recounted.

(5) If the county board of election commissioners counts by hand the votes for each candidate involved in the recount, the county board of election commissioners may check the back of the ballot to see if the ballot has been initialed by an election official.

(d) For the recount of an election in which paper ballots are used, the county board of election commissioners shall open the package containing the ballots and recount the ballots in the manner prescribed by law for the count to be made by the election officials in the first instance, or if there is a determination by the county board of election commissioners that the voting machine or electronic vote tabulating device may be malfunctioning, it may recount the ballots by any manner prescribed by law.

(e) The result as found upon the recount, if it differs from that certified by the election officials, shall be included in the canvass as the vote for the particular precinct for which the recount was ordered and made.

(f) After the recount is completed, the ballots shall again be sealed and kept as provided by law.

(g)

(1) The costs for any recount must be borne by the candidate petitioning for it, and payment of the costs must be made to the county board of election commissioners prior to the recount in an amount determined by the county board of election commissioners.

(2) In the event that the outcome of the election is altered by recount, the costs of the recount shall be refunded to the candidate who petitioned for the recount.

(h) The costs of any recount shall be based on the actual costs incurred to conduct the recount, but in no instance shall the amount charged to conduct a recount exceed the rate of twenty-five cents (25¢) per vote cast in the precincts where the recount is requested or a total of two thousand five hundred dollars ($2,500) for the entire county, whichever is less.

(i) Within forty-eight (48) hours after a petition for recount is filed, the county board of election commissioners shall notify all candidates whose election could be affected by the outcome of the recount.

History

Acts 1969, No. 465, Art. 5, § 8; A.S.A. 1947, § 3-508; Acts 1993, No. 430, § 1; 1997, No. 451, § 30; 1999, No. 1023, § 1; 2001, No. 1475, § 4; 2003, No. 1038, § 1; 2003, No. 1165, § 5; 2005, No. 2233, § 7; 2009, No. 1480, § 31; 2019, No. 534, § 2.

7-5-323. Procedure when voter fails to provide verification of registration.

If a ballot or absentee ballot is deemed a provisional ballot for failure to provide verification of registration under Arkansas Constitution, Amendment 51, § 13, the voter shall comply with the procedures under Arkansas Constitution, Amendment 51, § 13, for his or her vote to be counted.

History

Acts 2017, No. 633, § 9.

7-5-324. Voter verification card.

(a)

(1)

(A) The Secretary of State shall provide by rule for the issuance of a voter verification card that may be requested by an individual to be used to verify his or her voter registration under Arkansas Constitution, Amendment 51, § 13, when appearing to vote in person or by absentee ballot.

(B) The rules shall include without limitation:

(i) A requirement that the voter verification card include a photograph of the voter;

(ii) Specification of the information to be included on the voter verification card;

(iii) Provisions concerning the expiration of a voter verification card; and

(iv) Provisions for the voter verification card to be provided by the county clerk of the county in which the voter is registered to vote.

(2) Providing for the issuance of a voter verification card under subdivision (a)(1)(A) of this section may include without limitation the purchase by the Secretary of State of cameras and other equipment necessary to generate a voter verification card in the office of the county clerk.

(b) A voter verification card shall be issued without the payment of a fee or charge to an individual who:

(1) Does not have another valid form of identification meeting the requirements of Arkansas Constitution, Amendment 51, § 13; and

(2)

(A) Is registered to vote; or

(B) Will be at least eighteen (18) years of age at the next election and has timely submitted a voter registration application.

(c)

(1) The Secretary of State or the county clerk shall not require or accept payment for a voter verification card issued for the sole purpose of voter verification.

(2) A person requesting a voter verification card for the sole purpose of voter verification shall sign an affidavit that he or she does not possess a valid form of identification meeting the requirements of Arkansas Constitution, Amendment 51, § 13.

History

Acts 2017, No. 633, § 9.

7-5-401. Duties of county clerk.

(a) The county clerk shall be the custodian of the absentee ballots and early voting ballots for any early voting conducted by the county clerk.

(b) The county clerk shall be furnished a suitable room at the county courthouse or other location designated for the purpose of exercising all the powers and duties concerning the application for, the issuance of, and the voting of absentee and early voting ballots required by law of the county clerk.

(c) In counties with more than one (1) county seat, the county clerk shall conduct:

(1) Absentee voting in the courthouse or other room provided by the county; and

(2) Early voting at the county clerk's designated early voting location in each county seat if the county clerk conducts early voting under § 7-5-418.

History

Acts 1969, No. 465, Art. 9, § 1; A.S.A. 1947, § 3-901; Acts 1995, No. 686, § 1; 1995, No. 948, § 1; 2005, No. 67, § 10; 2007, No. 556, § 2.

7-5-402. Voter qualification.

The following persons, if possessing the qualifications of electors, may cast an absentee ballot in any election:

(1) Any person who will be unavoidably absent from his or her voting place on the day of the election; and

(2) Any person who will be unable to attend the polls on election day because of illness or physical disability.

History

Acts 1969, No. 465, Art. 9, § 3; A.S.A. 1947, § 3-903; Acts 1993, No. 593, § 1; 1995, No. 686, § 2; 1995, No. 948, § 2.

7-5-403. Designated bearers, authorized agents, and administrators.

(a)

(1) A designated bearer may obtain absentee ballots for no more than two (2) voters per election.

(2)

(A) A designated bearer shall not have more than two (2) absentee ballots in his or her possession at any time.

(B) If the county clerk knows or reasonably suspects that a designated bearer has more than two (2) absentee ballots in his or her possession, the county clerk shall notify the prosecuting attorney.

(3)

(A) A designated bearer receiving an absentee ballot from the county clerk for a voter shall obtain the absentee ballot directly from the county clerk and deliver the absentee ballot directly to the voter.

(B) A designated bearer receiving an absentee ballot from a voter shall obtain the absentee ballot directly from the voter and deliver the absentee ballot directly to the county clerk.

(4)

(A) A designated bearer may deliver to the county clerk the absentee ballots for not more than two (2) voters.

(B) The designated bearer shall be named on the voter statement accompanying the absentee ballot.

(5) In order to obtain an absentee ballot from the county clerk:

(A) The designated bearer shall show a form of current photographic identification to the county clerk;

(B) The county clerk shall print the designated bearer's name and address beside the voter's name on a register;

(C) The designated bearer shall sign the register under oath indicating receipt of the voter's absentee ballot; and

(D) The county clerk shall indicate beside the designated bearer's name on the register that he or she obtained an absentee ballot for a voter.

(6) When a designated bearer delivers an absentee ballot to the county clerk:

(A) The designated bearer shall present current and valid photographic identification to the county clerk;

(B) The county clerk shall print the designated bearer's name and address beside the voter's name on a register;

(C) The designated bearer shall sign the register under oath indicating delivery of the voter's absentee ballot;

(D) The county clerk shall not accept an absentee ballot from a designated bearer who does not sign the register under oath; and

(E) The county clerk shall write or stamp the word “BEARER” and write the designated bearer's name and address on the voter's absentee ballot return envelope.

(7) When providing an absentee ballot to a designated bearer or receiving an absentee ballot from a designated bearer, the county clerk shall provide to the designated bearer a written notice informing the designated bearer that:

(A) A designated bearer may obtain ballots for no more than two (2) voters per election;

(B) A designated bearer shall at no time have more than two (2) ballots in his or her possession;

(C) A designated bearer shall not deliver ballots to the county clerk for more than two (2) voters per election; and

(D) Possession of an absentee ballot with the intent to defraud a voter or an election official is a felony under § 7-1-104.

(8) The county clerk shall post a notice of the rules concerning designated bearers and authorized agents in each county clerk's office where absentee ballots are distributed or returned.

(b)

(1) An authorized agent may deliver applications for absentee ballots to the county clerk and obtain absentee ballots from the county clerk for not more than two (2) voters per election who cannot cast a ballot at the appropriate polling place on election day because the voter is a patient in a hospital or long-term care or residential care facility licensed by the state.

(2) At no time shall an authorized agent have more than two (2) absentee ballots in his or her possession.

(3)

(A) An authorized agent receiving an absentee ballot from the county clerk for a voter shall deliver the absentee ballot directly to the voter.

(B) An authorized agent receiving an absentee ballot from a voter shall deliver the absentee ballot directly to the county clerk.

(4)

(A) In order for an authorized agent to obtain a ballot from the county clerk, the authorized agent shall submit to the county clerk an affidavit from the administrative head of a hospital or long-term care or residential care facility licensed by the state that the applicant is a patient of the hospital or long-term care or residential care facility licensed by the state and is thereby unable to vote on the election day at his or her regular polling site.

(B) A copy of the affidavit shall be retained by the county clerk as an attachment to the application for an absentee ballot.

(5) In order to obtain an absentee ballot from the county clerk, the:

(A) Authorized agent shall present current photographic identification to the clerk;

(B) Clerk shall print the authorized agent's name and address beside the voter's name on a register; and

(C) Authorized agent shall sign the register under oath indicating receipt of the voter's ballot.

(6) When an authorized agent delivers an absentee ballot to the county clerk, the:

(A) Authorized agent shall show some form of current photographic identification to the clerk;

(B) Clerk shall print the authorized agent's name and address beside the voter's name on a register;

(C) Authorized agent shall sign the register under oath indicating delivery of the voter's ballot; and

(D) The county clerk shall not accept an absentee ballot from an authorized agent who does not sign the register under oath.

(7) The county clerk shall write or stamp the words “AUTHORIZED AGENT” and the agent's name and address on the voter's absentee ballot return envelope.

(8) The county clerk shall post a notice of the rules concerning designated bearers and authorized agents in each county clerk's office where absentee ballots are distributed or returned.

(c)

(1) The county clerk shall keep a register of designated bearers and authorized agents.

(2) The designated bearer and authorized agent register shall contain the following oath on each page: “I ACKNOWLEDGE THAT ARKANSAS LAW PROHIBITS DESIGNATED BEARERS AND AUTHORIZED AGENTS FROM RECEIVING OR RETURNING MORE THAN TWO (2) ABSENTEE BALLOTS PER ELECTION. I HAVE COMPLIED WITH THE ARKANSAS LAW. I UNDERSTAND THAT IF I PROVIDE FALSE INFORMATION ON THIS FORM, I MAY BE GUILTY OF PERJURY AND SUBJECT TO A FINE OF UP TO TEN THOUSAND DOLLARS ($10,000) OR IMPRISONMENT FOR UP TO TEN (10) YEARS, OR BOTH, UNDER FEDERAL AND STATE LAWS.”

(d)

(1)

(A) An administrator may deliver to the county clerk an application for an absentee ballot for any voter who is a patient of a long-term care or residential care facility licensed by the state and who authorizes the administrator to obtain an absentee ballot on his or her behalf.

(B) The absentee ballot application shall identify the administrator by name as the administrator of the facility where the voter resides.

(2) Upon presentation of photographic identification to the county clerk, an administrator may receive absentee ballots for as many qualified residents of the facility as:

(A) Apply for absentee ballots; and

(B) Identify the administrator in the voter's absentee ballot application.

(3)

(A) An administrator may deliver the absentee ballot to the county clerk for any voter who names the administrator on his or her application and voter statement.

(B) Absentee ballots may be delivered to the county clerk in person by the administrator or by mail.

(4) Before obtaining an absentee ballot, an administrator shall submit to the county clerk an affidavit, signed and dated by the administrator, stating:

(A) That he or she is the administrative head of a long-term care or residential care facility licensed by the state;

(B) The name and address of the facility;

(C) That he or she has been authorized by the voters who reside in his or her facility to obtain from the county clerk and return to the county clerk absentee ballots on their behalf;

(D) That each of the voters for whom the administrator seeks to obtain an absentee ballot has named the administrator on his or her application; and

(E) That the administrator understands that Arkansas law requires that the administrator assist the voter by marking or casting a ballot on behalf of the voter without any comment or interpretation.

(5) The county clerk shall attach a copy of the administrator's affidavit to each application for an absentee ballot delivered by the administrator to the county clerk.

(6) When the ballots are returned by the administrator in person or by mail, the county clerk shall write or stamp the word “ADMINISTRATOR” and write the administrator's name on the voter's absentee ballot return envelope.

(e) Any person who knowingly makes a false statement on an affidavit required by this section shall be guilty of perjury and subject to a fine of up to ten thousand dollars ($10,000) or imprisonment of up to ten (10) years.

History

Acts 2007, No. 543, § 2; 2009, No. 250, §§ 15-17; 2009, No. 959, §§ 16, 22; 2011, No. 1043, § 1; 2013, No. 1424, § 2; 2019, No. 965, § 2.

7-5-404. Applications for ballots — Definition.

(a)

(1)

(A) Applications for absentee ballots must be signed by the applicant and verified by the county clerk by checking the voter's name, address, date of birth, and signature from the voter registration application unless the application is sent by electronic means.

(B) If the application is sent by electronic means, the application must bear a verifiable facsimile of the applicant's signature.

(2)

(A) If the signatures on the absentee ballot application and the voter registration application record are not similar, the county clerk shall not provide an absentee ballot to the voter.

(B) If the absentee ballot request is rejected under subdivision (a)(2)(A) of this section, the county clerk shall:

(i) Provide notice promptly to the voter of the rejection;

(ii) Allow the voter to resubmit the request; and

(iii) Electronically record the rejection in the permanent system maintained by the county clerk.

(C) The notice to the voter under subdivision (a)(2)(B) of this section shall be made by:

(i) The most efficient means available, including without limitation by telephone or email; and

(ii) Written notice sent by first-class mail to the address where the voter is registered to vote.

(3) Delivery of the request for an absentee ballot to the county clerk may be made in one (1) of the following ways, and in no other manner:

(A) For applications submitted using the form prescribed in § 7-5-405:

(i) In person at the office of the county clerk of the county of residence of the voter no later than the time the county clerk's office regularly closes on the Friday before election day;

(ii) Applications by mail must be received in the office of the county clerk of the county of residence of the voter not later than seven (7) days before the election for which the application was made;

(iii) A designated bearer may deliver the completed application to the office of the county clerk of the county of residence of the applicant not later than the time the county clerk's office regularly closes on the Friday before election day;

(iv) A person declared as the authorized agent of the applicant may deliver the application to the office of the county clerk of the county of residence of the applicant not later than 1:30 p.m. on the day of the election;

(v) An administrator may deliver the application in person at the office of the county clerk of the county of residence of the voter no later than the time the county clerk's office regularly closes on the Friday before election day; or

(vi)

(a) Delivery by electronic means to the county clerk's office of the county of residence of the voter not later than seven (7) days before the election for which the application was made.

(b) The completed application sent by electronic means will be accepted only upon verification of the facsimile signature of the applicant by the county clerk.

(c) Once verified as a reasonable likeness of the voter's signature, the signature appearing on a copy of an application sent by electronic means shall be presumed to be authentic until proven otherwise; or

(B) If the applicant does not use the form prescribed in § 7-5-405, he or she may make an application for an absentee ballot as follows:

(i) A letter or postcard must be received in the office of the county clerk not later than seven (7) days before the date of the election. The letter or postcard shall contain information sufficient for the county board of election commissioners and the county clerk to accept the letter or postcard in lieu of the application form; or

(ii) An applicant may transmit a written request for an absentee ballot by electronic means that shall contain the voter's signature and other information sufficient for acceptance in lieu of the application form.

(b)

(1) Any person eligible to vote by absentee ballot may request the county clerk to mail to an address within the continental United States an application for an absentee ballot.

(2)

(A) For those persons voting by absentee ballot who reside outside the county in which they are registered to vote, the application shall remain in effect for one (1) year unless revoked by the voter, and the county clerk shall thereafter automatically mail no later than twenty-five (25) days before each election an absentee ballot for each election.

(B)

(i) For those persons voting by absentee ballot who reside within the county in which they are registered to vote, the application shall be valid for only one (1) election cycle.

(ii) The election cycle shall include any one (1) election and the corresponding runoff election.

(C)

(i) For a voter residing in a long-term care or residential care facility licensed by the state the application shall remain in effect for one (1) calendar year unless withdrawn by the voter.

(ii) The county clerk automatically shall mail no later than twenty-five (25) days before each election an absentee ballot for each election unless, before mailing, the administrator of the facility has presented an absentee ballot request from the voter authorizing the administrator to receive the absentee ballot on behalf of the voter for that election.

(D)

(i) For a voter with a disability as defined in § 7-5-311, the application shall remain in effect for one (1) calendar year unless withdrawn by the voter.

(ii) The county clerk automatically shall mail no later than twenty-five (25) days before each election an absentee ballot for each election.

(c) The following may request an absentee ballot for one (1) or more elections, up to and including the next regularly scheduled general election for federal office, including without limitation any runoff elections that may occur as a result of the outcome of the general elections, by submitting one (1) application during that period of time in the manner provided under subsection (a) of this section:

(1) A citizen of the United States temporarily residing outside the territorial limits of the United States;

(2) A member of the uniformed services of the United States while in active duty or service, including his or her spouse or dependent, who by reason of active duty or service of the member is absent from the place of residence where the member, spouse, or dependent is otherwise qualified to vote;

(3) A member of the United States Merchant Marine while in active duty or service, including his or her spouse or dependent, who by reason of the active duty or service of the member is absent from the place of residence where the member, spouse, or dependent is otherwise qualified to vote; and

(4) A member of the Arkansas National Guard while in state active duty or service, including his or her spouse or dependent, who by reason of state active duty or service of the member is absent from the place of residence where the member, spouse, or dependent is otherwise qualified to vote.

(d) As used in this section, “electronic means” means a scanned image sent by:

(1) Electronic mail; or

(2) Facsimile machine.

History

Acts 1969, No. 465, Art. 9, § 4; 1981, No. 685, § 1; 1983, No. 430, § 1; 1985, No. 1019, § 1; A.S.A. 1947, § 3-904; Acts 1987, No. 248, § 9; 1987, No. 843, § 1; 1991, No. 863, § 1; 1993, No. 303, § 1; 1993, No. 1201, § 1; 1995, No. 686, § 3; 1995, No. 948, § 3; 1997, No. 1092, § 1; 1999, No. 1111, § 1; 1999, No. 1538, §§ 2, 3; 2003, No. 994, § 8; 2005, No. 67, § 11; 2007, No. 543, § 1; 2007, No. 556, § 3; 2009, No. 250, § 4; 2009, No. 959, § 16; 2011, No. 1188, § 1; 2013, No. 1424, § 3; 2019, No. 462, § 7; 2021, No. 736, §§ 2, 3; 2021, No. 973, § 1.

7-5-405. Application form.

(a)

(1) Applications for absentee ballots may be made on a form or forms prescribed by the Secretary of State and furnished by the county clerk at least sixty (60) days before the election.

(2) The form or forms shall contain the following information:

(A) The following statement:

“IF YOU PROVIDE FALSE INFORMATION ON THIS FORM, YOU MAY BE GUILTY OF PERJURY AND SUBJECT TO A FINE OF UP TO $10,000 OR IMPRISONMENT FOR UP TO 10 YEARS.”;

(B) A statement in which the voter must indicate that he or she is requesting an absentee ballot because he or she will be:

(i) Unavoidably absent from the polling site on election day;

(ii) Unable to attend the polls on election day because of illness or physical disability; or

(iii) Unable to attend the polls on election day because of residence in a long-term care or residential facility licensed by the state;

(C) A statement by the voter indicating whether he or she resides outside the county;

(D) A statement indicating whether the voter is a United States citizen residing outside the territorial limits of the United States;

(E) A statement indicating whether the voter is in active service as a member of the armed services of the United States;

(F) Mailing information for the ballot or the name and signature of a designated bearer, an administrator, or an authorized agent;

(G) The date, the voter's printed or typed name, voting residence address, date of birth, and the voter's signature attesting to the correctness of the information provided under penalty of perjury; and

(H) The election in which the voter wishes to cast an absentee ballot.

(3)

(A) The form or forms shall contain a portion to include a sworn statement that may be completed by a voter stating that the voter is registered to vote and that he or she is the person who is registered.

(B) The sworn statement portion of the form or forms under subdivision (a)(3)(A) of this section is not required to be notarized but shall be executed by the voter under penalty of perjury.

(b) The Secretary of State may prescribe separate absentee ballot application forms for:

(1)

(A) Persons who reside within the county in which they are registered to vote and will be unavoidably absent from the polls on the date of the election.

(B) The application shall be valid for one (1) election cycle, which includes any one (1) election and the corresponding runoff election;

(2)

(A) Persons whose application would be valid for one (1) calendar year.

(B) This includes the following:

(i) Persons who reside outside the county in which they are registered to vote;

(ii) Persons in long-term care or residential facilities licensed by the state; and

(iii) Voters with disabilities; and

(3) Persons whose applications would be valid through the next regularly scheduled general election for federal office, including any resulting runoff elections.

(c) Any person may distribute blank applications for absentee ballots.

History

Acts 1969, No. 465, Art. 9, § 5; 1971, No. 184, § 2; 1983, No. 430, § 2; 1985, No. 1019, § 2; A.S.A. 1947, § 3-905; Acts 1987, No. 843, § 2; 1989, No. 912, § 7; 1993, No. 303, § 2; 1993, No. 1201, § 2; 1995, No. 686, § 5; 1995, No. 948, § 5; 1997, No. 1092, § 2; 1999, No. 918, § 1; 2001, No. 1789, § 9; 2003, No. 1202, § 1; 2003, No. 1275, § 1; 2005, No. 67, § 12; 2007, No. 543, § 3; 2007, No. 556, § 4; 2009, No. 250, §§ 5, 6; 2011, No. 1188, § 2; 2013, No. 1424, § 4; 2017, No. 633, § 10.

7-5-406. Members of uniformed services and other citizens residing outside the United States.

(a) Any qualified elector of this state in any of the following categories who is absent from the place of his or her voting residence may make a request for an absentee ballot by submission of a federal postal card application as provided for in the Uniformed and Overseas Citizens Absentee Voting Act and may vote without prior registration by regular absentee ballot or by Federal Write-in Absentee Ballot in any election held in his or her election precinct if he or she is otherwise eligible to vote in that election:

(1) Members of the uniformed services of the United States while in active duty or service, and their spouses and dependents who, by reason of the active duty or service of the member, are absent from the place of residence where the spouses or dependents are otherwise qualified to vote;

(2) Members of the United States Merchant Marine while in active duty or service and their spouses and dependents who, by reason of the active duty or service of the member, are absent from the place of residence where the spouses or dependents are otherwise qualified to vote;

(3) Citizens of the United States residing or temporarily outside the territorial limits of the United States and the District of Columbia; and

(4) Members of the Arkansas National Guard while in state active duty or service, and their spouses and dependents who, by reason of the state active duty or service of the member, are absent from the place of residence where the spouses or dependents are otherwise qualified to vote.

(b)

(1) The ballot or ballots shall be transmitted according to state laws or rules and federal laws, rules, and regulations.

(2) The Secretary of State shall establish and transmit to each county clerk and each county board of election commissioners procedures in accordance with state and federal law that:

(A) Allow absent uniformed services voters and absent overseas voters to request, either by mail or electronically, voter registration applications and absentee ballot applications for all elections in the state;

(B) Allow county clerks to send by mail or electronically, in accordance with the preferred method of transmission designated by the absent uniformed services voter or absent overseas voter, voter registration applications and absentee ballot applications;

(C) Allow the absent uniformed services voter or absent overseas voter to designate whether the voter prefers that the voter registration application or absentee ballot application be transmitted by mail or electronically;

(D) Allow the transmission by mail and, to the extent funding is available, electronically of blank absentee ballots to absent uniformed services voters and absent overseas voters for all elections in the state in a manner that expedites the transmission of absentee ballots;

(E) Allow county clerks and county boards of election commissioners to accept and process marked absentee ballots of absent uniformed services voters and absent overseas voters;

(F) Ensure, to the extent practicable, the protection of the security and integrity of the voter registration and absentee ballot request process and the privacy of the identity and other personal data of an absent uniformed services voter or absent overseas voter who requests or is sent a voter registration application, absentee ballot application, or absentee ballot throughout the process of making a request or being sent an application or ballot; and

(G) Establish, to the extent funding is available, a free access system by which an absent uniformed services voter or absent overseas voter may determine whether the absentee ballot of the absent uniformed services voter or absent overseas voter has been received by the appropriate election official.

(3) The Secretary of State shall:

(A) Provide each county clerk and each county board of election commissioners with written copies of the procedures under subdivision (b)(2) of this section by February 1 of each even-numbered year; and

(B) Promptly notify each county clerk and each county board of election commissioners of changes in relevant laws, rules, federal regulations, or procedures.

(4) Notwithstanding any other provisions in this title, if selected by any grantor, this state or any county in this state may participate in a Federal Voting Assistance Program project which allows members of the uniformed services and voters overseas to register to vote and to vote in elections electronically, according to state laws and rules, and federal laws, rules, and regulations, if funds are available.

(c)

(1)

(A) Except as provided in subdivision (c)(1)(B) of this section, for the qualified electors in the categories named in subsection (a) of this section who are temporarily outside the territorial limits of the United States, the county board of election commissioners shall prepare a special absentee ballot for each preferential primary and general election to be sent to the voter in addition to the regular absentee ballot.

(B) The county board of election commissioners shall not prepare a special absentee ballot for a nonpartisan judicial election.

(2)

(A) The special absentee ballot shall contain a list of all offices contested by three (3) or more candidates and the candidates qualifying for the election in each office.

(B) The special absentee ballot shall permit the elector to vote in the general primary election or in a general runoff election by indicating his or her order of preference for each candidate for each office.

(C)

(i) To indicate his or her order of preference for each candidate for each office, the voter shall put the number one (1) next to the name of the candidate who is the voter's first choice, the number two (2) for the voter's second choice, and so forth, so that, in consecutive numerical order, a number indicating the voter's preference is written by the voter next to the candidate's name on the ballot.

(ii) However, the voter shall not be required to indicate his or her preference for more than one (1) candidate on the ballot if he or she chooses.

(3) The special absentee ballot shall be marked as a “special runoff ballot”.

(4) Instructions shall be sent with the special absentee ballot to the voter explaining the special runoff voting process.

History

Acts 1969, No. 465, Art. 9, §§ 5, 7, 8; 1971, No. 184, § 2; 1971, No. 261, §§ 25, 26; 1977, No. 739, § 1; 1983, No. 430, §§ 2, 4; 1985, No. 1019, § 2; A.S.A. 1947, §§ 3-905, 3-907, 3-908; Acts 1997, No. 1092, § 3; 2001, No. 1180, § 1; 2003, No. 107, § 1; 2003, No. 749, § 1; 2003, No. 994, § 9; 2005, No. 751, § 1; 2007, No. 233, § 1; 2007, No. 261, § 1; 2007, No. 556, §§ 5, 6; 2009, No. 250, §§ 7, 8; 2009, No. 659, § 6; 2009, No. 703, § 1; 2011, No. 1188, § 3; 2019, No. 315, §§ 417-419; 2019, No. 462, § 8.

7-5-407. Preparation and delivery of ballots.

(a)

(1) The county board of election commissioners shall prepare official absentee ballots and deliver them to the county clerk for mailing to all qualified applicants as soon as practicable but not later than forty-seven (47) days before a preferential primary election, general election, school election, nonpartisan general election, nonpartisan runoff election, or special election.

(2) Upon the receipt of the absentee ballots, the county clerk shall begin delivering ballots to absentee voters as soon as practicable and, no later than forty-six (46) days before the applicable election, shall deliver ballots to those absentee voters who made timely application under:

(A) Section 7-5-406; or

(B) The Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq., as existing on January 1, 2011.

(b) The county board of election commissioners shall prepare official absentee ballots and deliver them to the county clerk for mailing to any qualified applicant as soon as practicable but in any event not later than ten (10) days before all other elections not included in subsection (a) of this section.

History

Acts 1969, No. 465, Art. 9, § 2; 1971, No. 261, § 28; A.S.A. 1947, § 3-902; Acts 1997, No. 1092, § 4; 1999, No. 649, § 1; 2001, No. 1789, § 10; 2007, No. 1049, § 17; 2011, No. 1185, § 7; 2013, No. 1110, § 5.

7-5-408. List of applications — Preparation, preservation, and inspection.

(a) The county clerk shall make a list of the applications for absentee ballots as the applications are received and shall keep the list of applications and retain the application forms after the election in which they are to be used for the same period as is required for retaining ballots.

(b) When each absentee ballot is returned to the county clerk, the clerk shall indicate on the list of applications that the absentee ballot was returned.

(c) The list and applications shall be available to public inspection during regular business hours from sixty (60) days prior to the election until they are destroyed.

(d)

(1) The county clerk shall record in the electronic voter registration system the date the county clerk receives the voter's:

(A) Absentee ballot application; and

(B) Absentee ballot.

(2) Except as provided in subdivision (d)(3) of this section, during the sixty (60) days before election day, the county clerk shall record in the electronic voter registration system:

(A) Within one (1) business day after the receipt of the voter's absentee ballot, the date the county clerk received the voter's absentee ballot; and

(B) Within two (2) business days after receipt of the voter's absentee ballot application, the date the county clerk received the absentee ballot application.

(3) If a voter's absentee ballot is received by the county clerk on election day, the county clerk immediately shall record the date the absentee ballot was received.

(4) The county clerk shall not provide an absentee ballot to an election official for counting unless the ballot has been marked as received in the electronic voter registration system.

History

Acts 1969, No. 465, Art. 9, § 6; 1983, No. 430, § 3; 1985, No. 567, § 5; 1985, No. 568, § 5; A.S.A. 1947, § 3-906; Acts 1997, No. 1092, § 5; 2013, No. 1424, § 5.

7-5-409. Materials furnished to qualified voters.

(a)

(1)

(A) The county clerk shall satisfy himself or herself that the applicant for an absentee ballot is a qualified registered elector in the ward, precinct, or township in which he or she claims to be a resident or that the applicant does not require prior registration under § 7-5-406.

(B) The county clerk shall verify that the application has been properly signed by the applicant and, if necessary, the designated bearer, administrator, or authorized agent. If the application is not properly signed, the application shall be rejected by the county clerk.

(C) The county clerk shall notify the applicant of the reason for the rejection.

(2) If the county clerk is unable to contact the applicant to cure the deficiency, the county clerk shall forward the application with the reason for the rejection to the county board of election commissioners. The county board of election commissioners shall determine whether the applicant is a qualified elector.

(b) If the applicant is registered or is otherwise eligible to vote absentee, the county clerk, prior to mailing or delivering the ballot, shall detach the ballot stub and deposit the ballot stub into a sealed box designated as “Absentee Stub Box” and deliver to the applicant or to the applicant's designated bearer, authorized agent, or administrator for delivery to the applicant the following materials:

(1) An official absentee ballot for each election named in the application;

(2) Instructions for voting and returning the official absentee ballot to the county clerk;

(3) An official absentee ballot secrecy envelope on which there shall be written or printed the words “Ballot Only”;

(4)

(A)

(i) A uniform voter statement created and approved by the State Board of Election Commissioners.

(ii) The voter statement shall include the following heading in bold capitalized letters: “THIS VOTER STATEMENT SHALL BE COMPLETED AND RETURNED IN THE MAILING ENVELOPE OR THE ABSENTEE BALLOT WILL NOT BE COUNTED.”

(iii) The voter statement shall include the following statement in bold capitalized letters at the bottom of the page: “THE INFORMATION I HAVE PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE UNDER PENALTY OF PERJURY. IF I HAVE PROVIDED FALSE INFORMATION, I MAY BE SUBJECT TO A FINE OF UP TO TEN THOUSAND DOLLARS ($10,000) OR IMPRISONMENT FOR UP TO TEN (10) YEARS, OR BOTH, UNDER FEDERAL OR STATE LAWS.”

(iv) The voter statement shall include a statement that the voter resides at the address on his or her application.

(v) The voter statement shall include a statement for a first-time voter who registers by mail: “If I am a newly registered voter of this county and this is the first time I am voting in this county, I am enclosing a copy of a current and valid photo identification card or a current utility bill, bank statement, government check, paycheck, or other government document that shows my name and address.”

(B) Blanks shall be provided for the voter to provide his or her printed name, signature, mailing address, residential voting address, date of birth, printed name and address of the administrator, authorized agent, or designated bearer, signature of administrator, authorized agent, or designated bearer, and address of the administrator, authorized agent, or designated bearer.

(C)

(i) The voter statement shall include a sworn statement portion that may be completed by the voter stating that the voter is registered to vote and that he or she is the person who is registered.

(ii) The sworn statement portion of the voter statement is not required to be notarized, but the voter shall execute the sworn statement under penalty of perjury;

(5) A sealable envelope upon which shall be printed or written the words: “Return Envelope”, the address of the county clerk, the precinct of the voter, and the words: “ABSENTEE BALLOT, , , ELECTION”; and

(6) An authorized agent authorization form, as follows:

“AGENT AUTHORIZATION FORM

If applicable, fill out and sign this form and place it in the Return Envelope

I hereby authorize (insert his or her name) as my authorized agent, to deliver this ballot as I am medically unable to vote on election day. An affidavit verifying my medical status as unable to deliver the application or to vote on the day of the election is attached or has been provided with my application.

Signature of voter

Printed name of voter

Address of voter

Date of birth of voter.”

(c)

(1) Except for absentee ballots mailed to an address outside the county in which the applicant is registered, an absentee ballot shall be mailed to the address that appears on the applicant's registration record or absentee ballot application if the voter is temporarily at a different address.

(2) The county clerk shall not mail more than two (2) absentee ballots to the same address unless:

(A) The address is outside the territorial limits of the United States;

(B) The address is for a long-term care or residential care facility licensed by the state; or

(C) There are more than two (2) persons lawfully registered at the same address.

(d) The county clerk shall not deliver an absentee ballot to any person other than the absentee voter unless the person picking up the ballot provides current and valid photographic identification to the county clerk that he or she is:

(1) The voter's:

(A) Designated bearer; or

(B) Authorized agent; or

(2) The administrator of a long-term care or residential care facility licensed by the state in which the voter resides.

(e) The county clerk shall not provide more than two (2) absentee ballots per election to any designated bearer or authorized agent, nor shall the county clerk accept delivery of more than two (2) absentee ballots per election from any designated bearer or authorized agent.

(f) A designated bearer shall be allowed to pick up only two (2) absentee ballots from the county clerk only during the fifteen (15) days prior to a school election, special election, preferential primary election, or general election and seven (7) days prior to a runoff election, including a general primary election.

(g) Upon delivery of an absentee ballot to an individual authorized to receive an absentee ballot, the county clerk shall mark the electronic voter registration list and the precinct voter registration list to indicate that an absentee ballot has been delivered to the voter.

(h) The county clerk or other designated election official providing materials to qualified voters shall not distribute:

(1) Unsolicited absentee ballot applications to electors; or

(2) Unsolicited absentee ballots to electors.

(i) The county clerk and other designated election officials providing materials to qualified voters may:

(1) Display a printable or downloadable absentee ballot application form on the internet;

(2) Post links to the absentee ballot application form on social media of any type; and

(3) Make paper copies of absentee ballot application forms available for distribution or to be available upon request by a qualified voter in:

(A) The county clerk's office; or

(B) Other governmental offices.

History

Acts 1969, No. 465, Art. 9, § 7; 1971, No. 261, § 25; 1983, No. 430, § 4; 1985, No. 567, § 3; 1985, No. 568, § 3; A.S.A. 1947, § 3-907; Acts 1987, No. 843, § 3; 1989, No. 912, § 8; 1993, No. 1201, § 3; 1995, No. 103, § 1; 1997, No. 1092, § 6; 1999, No. 918, § 2; 1999, No. 1243, §§ 1, 2; 1999, No. 1344, § 1; 1999, No. 1538, § 1; 2001, No. 1379, § 1; 2003, No. 647, § 1; 2003, No. 994, § 10; 2003, No. 1202, § 2; 2003, No. 1275, §§ 2, 3; 2005, No. 880, § 4; 2005, No. 2193, § 3; 2007, No. 543, § 4; 2007, No. 556, § 7; 2009, No. 26, § 2; 2009, No. 250, §§ 9, 10; 2009, No. 375, § 2; 2013, No. 1424, §§ 6-8; 2017, No. 633, § 11; 2021, No. 736, §§ 47.

7-5-410. Instructions and notice included with voting materials — Other enclosures prohibited.

It shall be unlawful for any person to place any notice, advertising material, or other advice with the material delivered or mailed to the applicant, other than instructions as to the method of casting an absentee ballot including a procedure to be followed by absentee voters such as express information covering the type or types of writing instruments which may be used to mark the absentee ballot, preferably pen or indelible pencil, the consequences of voting for more than one (1) candidate for a particular office, and notice of the last day on which the ballot may be received and counted. The instructions and notice shall not be signed by the name of any person.

History

Acts 1969, No. 465, Art. 9, § 9; 1971, No. 261, § 27; A.S.A. 1947, § 3-909; Acts 2009, No. 959, § 17.

7-5-411. Methods of voting absentee.

(a) Absentee voting may be accomplished in one (1) of the following methods and in no other manner:

(1)

(A) By delivery of the ballot by mail that must be received in the office of the county clerk of the county of residence of the voter not later than 7:30 p.m. on election day.

(B)

(i) However, except as provided in subdivision (a)(1)(B)(ii) of this section, by ballots applied for not later than thirty (30) days before the election by qualified electors outside the United States on election day that are signed, dated, postmarked, and mailed by the voters no later than the day of the election and received by the county clerk no later than 5:00 p.m. ten (10) calendar days after the date of the election.

(ii) The absentee ballots of armed services personnel serving in active status shall be counted if received by the county clerk no later than 5:00 p.m. ten (10) calendar days after the date of the election and if the absentee ballots were executed no later than the date of the election.

(C) Each absentee ballot shall be mailed separately by the voter and shall not be included with any other absentee ballot in a bulk mailing, except that an administrator of a long-term care or residential care facility licensed by the State of Arkansas or hospital may mail the absentee ballots of the residents and patients by bulk mail. Absentee ballots in any bulk mailing not otherwise permitted in this subsection shall not be counted;

(2) By delivery of the ballot to the physical office of the county clerk of the county of residence of the voter not later than 7:30 p.m. on election day by the authorized agent of the absentee voter who is medically unable to vote at the regular polling site, upon proper verification of the signature of the voter by the county clerk and validation of the identity of the authorized agent;

(3) By delivery of the ballot to the physical office of the county clerk of the county of residence of the voter not later than the time the county clerk's office regularly closes on the Friday before election day by the registered voter, designated bearer, or administrator of the absentee voter, upon proper verification of the signature of the voter by the county clerk and validation of the identity of the registered voter, designated bearer, or administrator; or

(4) The voter may deliver the ballot to the physical office of the county clerk of the county of his or her residence not later than the close of regular business hours on the Friday before the election.

(b) Any person to whom an absentee ballot is delivered according to the precinct voter registration list but who elects to vote by early voting or to vote at his or her polling site on election day shall be permitted to cast a provisional ballot.

History

Acts 1969, No. 465, Art. 9, § 10; 1970 (1st Ex. Sess.), No. 28, § 1; 1981, No. 685, § 2; 1983, No. 430, § 5; 1985, No. 567, § 4; 1985, No. 568, § 4; 1985, No. 612, § 2; 1985, No. 1024, § 1; A.S.A. 1947, § 3-910; Acts 1987, No. 843, § 4; 1989, No. 912, § 9; 1997, No. 1092, § 7; 1999, No. 491, § 1; 1999, No. 1538, § 4; 1999, No. 1586, § 1; 2001, No. 1257, § 1; 2001, No. 1767, § 1; 2003, No. 273, § 1; 2003, No. 1275, § 4; 2005, No. 2193, § 4; 2007, No. 543, § 5; 2007, No. 556, § 8; 2009, No. 250, §§ 11, 12; 2021, No. 973, § 2.

7-5-412. Marking and return of absentee ballots — Delivery of mailed absentee ballots.

(a) Upon receiving the blank absentee ballot, voter statement, and envelopes, whether in the office of the county clerk or elsewhere, the voter shall mark the absentee ballot and place the absentee ballot in the provided envelope. He or she shall then seal the envelope containing the absentee ballot and place it in the other provided outer envelope with the following:

(1) The completed and executed voter statement, including identification of the designated bearer, authorized agent, or administrator when appropriate; and

(2)

(A) Verification of voter registration; or

(B) A copy of a current and valid photographic identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the first-time voter, for first-time voters who registered by mail. However, this requirement does not apply if:

(i) The voter registered to vote by mail and provided the identification at that time; or

(ii) The first-time voter registered to vote by mail and submitted his or her driver's license number or at least the last four (4) digits of his or her Social Security number at the time and this information matches the information in an existing state identification record bearing the same number, name, and date of birth as provided in the registration.

(b) A voter who desires to cast an absentee ballot but who does not meet the identification requirements of subdivision (a)(2) of this section may cast his or her absentee ballot by mail, and the absentee ballot shall be considered as a provisional ballot.

(c) After recording receipt of the absentee ballot in the electronic voter registration system, absentee ballots received by mail on election day before the polls close shall be delivered promptly by the county clerk to the election officials designated to canvass and count absentee ballots.

History

Acts 1969, No. 465, Art. 9, § 11; 1970 (1st Ex. Sess.), No. 28, § 2; A.S.A. 1947, § 3-911; Acts 1997, No. 1092, § 8; 2003, No. 647, § 2; 2003, No. 994, § 11; 2005, No. 880, § 5; 2007, No. 556, § 9; 2009, No. 250, § 13; 2013, No. 1424, § 9; 2017, No. 633, § 12; 2021, No. 249, § 5.

7-5-413. Voting machines — Related duties.

(a)

(1) At least one (1) voting machine equipped for use by individuals with disabilities shall be placed in the county clerk's designated location for early voting for the election in accordance with this subchapter and at any off-site polling locations established by the county board of election commissioners.

(2) Those persons entitled under the law to vote early by personal appearance shall cast their votes on voting systems under the laws applicable to early voting, and the clerk or election official shall enter the name of each voter on a list at the time he or she votes.

(b) After regular business hours, the clerk at the clerk's designated early voting location or the election official at any off-site polling place shall secure the machines against further voting at the close of each day's voting in the presence of authorized poll watchers, if any. When early voting is concluded, the clerk or the election official shall secure the machines against further voting.

(c)

(1) At the time designated in the notice of election, a set of election officials for the machines used for early voting shall canvass the vote in the manner provided for regular polling sites. After the canvass has been made, the machines shall be secured and shall remain inaccessible to voting.

(2) The results of the canvass shall be returned to the county board of election commissioners to be tabulated and canvassed with and in the same manner as the returns of other election precincts.

(d) Any candidate or political party may be present in person or by a representative designated in writing during the progress of early voting and at the canvass of the results in any election for the purpose of determining whether or not the votes in any election are fairly and accurately cast and counted.

History

Acts 1969, No. 465, Art. 9, § 16; 1970 (1st Ex. Sess.), No. 6, § 1; 1985, No. 567, § 6; 1985, No. 568, § 6; A.S.A. 1947, § 3-916; Acts 1995, No. 686, § 6; 1995, No. 948, § 6; 1997, No. 1092, § 9; 2005, No. 2233, § 8; 2007, No. 556, § 10; 2007, No. 1020, § 12.

7-5-414. Appointment of election clerks — Qualifications.

(a) The county board of election commissioners shall appoint election clerks to process, count, and canvass the absentee voters' ballots in all elections.

(b)

(1) The election clerks who are to canvass the absentee ballots shall be appointed in the same manner and at the same time the poll workers are selected to serve at the regular voting precincts.

(2) The election clerks shall possess the same qualifications as the poll workers who serve at the regular voting precincts.

(c) The processing, counting, and canvassing of the absentee ballots shall be under the supervision and at the direction of the county board of election commissioners.

History

Acts 1969, No. 465, Art. 9, § 12; A.S.A. 1947, § 3-912; Acts 1997, No. 1092, § 10; 2005, No. 1827, § 5; 2007, No. 556, § 11; 2009, No. 959, § 18.

7-5-415. Compensation of county clerk for extra deputy.

The county clerk's budget shall be paid not less than minimum wage for a period not to exceed thirty-five (35) days for hiring one (1) extra deputy for the purpose of carrying out the requirements of this act. The fee for this one (1) extra deputy shall be established and paid by the county, city, or other political subdivision, the representatives of which call the election, or in the case of a state-funded election, by the State Board of Election Commissioners. Any additional deputies beyond the one (1) extra deputy may be hired as necessary to carry out the purposes of early voting and absentee voting, if approved and paid by the quorum court of the county. In the regular general election, the fee for the one (1) extra deputy or additional deputies shall be paid by the county.

History

Acts 1969, No. 465, Art. 9, § 15; A.S.A. 1947, § 3-915; Acts 1991, No. 482, § 1; 1997, No. 1092, § 11; 2007, No. 556, § 12.

7-5-416. Counting of absentee ballots.

(a)

(1) The election officials for absentee ballots may meet in a place designated by the county board of election commissioners no earlier than the Tuesday before the election for the purpose of opening the outer envelope, processing, and canvassing of absentee ballot paper work of the outer envelope and no earlier than 8:30 a.m. on election day for the purpose of opening the inner absentee ballot envelope and counting the absentee ballots.

(2) The county board of election commissioners shall give public notice of the time and location of the opening, processing, canvassing, and counting of absentee ballots and early voting ballots as provided in § 7-5-202.

(3) The county clerk shall provide the county board of election commissioners with a daily count of absentee applications received, to be reported weekly or upon request of the county board of election commissioners.

(4) The county clerk shall provide the county board of election commissioners with a daily count of absentee ballots received, to be reported weekly or upon request of the county board of election commissioners.

(5) The county clerk shall forward the following items to the election officials designated by the county board of election commissioners to open, process, canvass, and count absentee ballots:

(A) The absentee ballot applications sorted alphabetically and by precinct;

(B) The absentee ballots; and

(C) A written report containing the following information:

(i) The number of absentee ballot applications received by the county clerk;

(ii) The number of absentee ballots sent by the county clerk;

(iii) The number of absentee ballots returned to the county clerk;

(iv) The number of absentee ballots rejected by the county clerk and the reason for the rejection;

(v) The number of absentee ballots marked as received on the paper absentee ballot applications list; and

(vi) If the number of absentee ballots returned to the county clerk and the number of absentee ballots marked as received on the paper absentee ballot lists are different and the reason for the difference is known, the reason for the difference.

(6) The processing and counting of absentee ballots shall be open to the public, and candidates and authorized poll watchers may be present in person or by a representative designated in writing under § 7-5-312 during the opening, processing, canvassing, and counting of the absentee ballots as provided in this subchapter.

(7)

(A) Absentee and early votes shall be counted prior to the closing of the polls on election day as provided under this section.

(B)

(i) The county board of election commissioners shall report by precinct the initial count of early votes and absentee ballot votes to the Secretary of State as provided under § 7-5-701 as soon as practical after the polls close on election day.

(ii) No election results of the precinct shall be printed, posted, or released until after the polls close on election day.

(8)

(A) After the outer envelope of an absentee ballot is opened, a county clerk and deputies of the county clerk shall not have access to:

(i) The absentee ballots;

(ii) Absentee ballot paperwork; or

(iii) The inner envelope of an absentee ballot.

(B) The county board of election commissioners may grant a county clerk or deputies of the county clerk access to the absentee ballot materials in subdivision (a)(8)(A) of this section if the access is granted by an affirmative vote of the county board of election commissioners for a specific purpose and for a designated election.

(b)

(1) The opening, processing, counting, and canvassing of absentee ballots shall be conducted as follows:

(A) One (1) of the election officials shall open outer absentee ballot envelopes one by one and verify the contents;

(B) If the required materials are properly placed in the outer absentee ballot envelope, the election official shall proceed to read aloud from the voter statement the name of the voter;

(C) If the required materials are not properly placed in the outer absentee ballot envelope, a second election official shall open the inner absentee ballot envelope to verify the contents no earlier than 8:30 a.m. on election day;

(D) If all required materials are present within one (1) or the other envelope, the election officials shall put the materials in the proper envelope while preserving the secrecy of the voter's ballot and shall proceed to read aloud from the voter statement the name of the voter and the voting precinct in which the voter claims to be a legal voter;

(E) As each outer envelope is opened and the name of the voter is read, the election officials for the absentee box shall list the name and voting precinct of the voter;

(F)

(i) After the election official reads aloud from the statement, the election officials shall compare the name, address, date of birth, and signature of the voter's absentee application with the voter's statement and, for first-time voters who registered by mail, the first-time voter's identification document unless the voter previously provided identification at the time of mailing the voter registration application.

(ii) If the county board of election commissioners determines that the absentee application and the voter's statement do not compare as to name, residential voting address, date of birth, and signature, the absentee ballot shall not be counted.

(iii) If a first-time voter fails to provide the required identification with the absentee ballot or at the time of mailing the voter registration application, then the absentee application, absentee ballot envelope, and voter's statement shall be placed in an envelope marked “provisional” and the absentee ballot shall be considered a provisional ballot;

(G)

(i) The election officials shall compare the name and address of the bearer, agent, or administrator written on the absentee ballot return envelope with the information on the voter statement. If the information does not match, then the outer envelope, absentee application, secrecy envelope containing the ballot, and the voter's statement shall be placed in an envelope marked “provisional” and the absentee ballot shall be considered a provisional ballot.

(ii) The election officials shall compare the name of the bearer written on the absentee ballot application with the information on the voter statement, and if the information does not compare, the ballot shall be a provisional ballot.

(iii) An absentee ballot designated as a provisional ballot for the lack of a designation of, or name of, a designated bearer shall be counted only if the county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds;

(H) If the absentee voter fails to return the voter statement, the vote shall not be counted;

(I) Failure of the voter to submit the required absentee materials in the proper envelopes shall not be grounds for disqualifying the voter;

(J) If the voter statement does not authorize a bearer, agent, or administrator to receive or return his or her absentee ballot and the ballot was received or returned by a bearer, agent, or administrator, the vote shall not be counted;

(K) If no challenge is made by a qualified poll watcher, the election official shall remove the inner envelope, without opening the inner envelope containing the ballot, and place it in the ballot box without marking it in any way;

(L)

(i) After all of the outer envelopes have been opened, the election officials of the absentee box shall preserve all the statements of voters and the voters' identification documents and deliver them to the county clerk, who shall file and keep them for the same length of time after the election as is required for retention of other ballots.

(ii) The voter statements shall be made available for public inspection and copying during regular business hours no earlier than 8:30 a.m. on the day following the actual delivery of the statement of the number of outstanding ballots and provisional ballots to the Secretary of State, and declaration of preliminary and unofficial results of the election under § 7-5-701(a)(3)(C).

(iii) The voters' identification documents shall not be subject to public inspection except as part of a judicial proceeding to contest the election;

(M) When all of the inner envelopes containing the ballots have been placed in the ballot box, the ballot box shall be shaken thoroughly to mix the ballots; and

(N) The ballot box shall be opened and the ballots canvassed and counted.

(2) No election results shall be printed or released prior to the closing of the polls on election day.

(c) If any person casting an absentee ballot dies before the polls open on election day, his or her ballot shall be accepted by the county clerk if the absentee ballot is:

(1) Signed, dated, postmarked, and mailed before the date of death;

(2) Signed, dated, and delivered to the county clerk by a designated bearer, authorized agent, or administrator before the date of death; or

(3) The ballot of a member of the armed services or Arkansas National Guard in active duty or state active duty executed before the date of death.

(d) It is the intent of this section to require the election officials for absentee ballots to meet and process, canvass, and count absentee ballots according to this section prior to the closing of the polls on election day.

(e)

(1) Absentee votes shall be cast on paper ballots.

(2)

(A) The ballots shall first be counted for write-in votes by the election officials.

(B) Then, at the discretion of the county board of election commissioners, the ballots may be either hand counted or counted on an electronic vote tabulating device.

(f)

(1) Absentee ballots marked as “special runoff ballots” received from a qualified voter from one (1) of the categories in § 7-5-406(a) shall be opened for general primary elections and general runoff elections according to the procedures described in subsection (b) of this section.

(2) However, in counting the special runoff ballot, one (1) of the election officials shall open the envelope containing the special runoff ballot and read the numbers indicated next to the names of the two (2) candidates in the general primary election or in the general runoff election.

(3) The candidate with the highest ranking shall receive the vote.

(4) A special runoff ballot received with the preferential primary absentee ballot shall be counted in the general primary election, and a special runoff ballot received with the general election absentee ballot shall be counted in the general runoff election.

(5) The Secretary of State shall prepare instructions for opening, counting, and canvassing special runoff ballots and provide the instructions to each county board of election commissioners.

History

Acts 1969, No. 465, Art. 9, § 13; 1971, No. 261, § 21; A.S.A. 1947, § 3-913; Acts 1989, No. 505, § 1; 1993, No. 845, §§ 1-3; 1997, No. 1092, § 12; 1999, No. 1368, § 1; 2003, No. 647, §§ 3, 4; 2003, No. 994, § 12; 2003, No. 1154, § 3; 2003, No. 1744, § 1; 2005, No. 138, § 2; 2005, No. 751, § 2; 2005, No. 880, § 6; 2007, No. 261, § 2; 2007, No. 556, § 13; 2009, No. 250, § 14; 2009, No. 959, §§ 19, 20; 2013, No. 466, § 1; 2013, No. 1211, §§ 3, 4; 2013, No. 1424, § 10; 2017, No. 790, §§ 1-3; 2019, No. 462, § 9; 2021, No. 736, §§ 814.

7-5-417. Challenge of absentee votes.

(a) When the name and voting precinct of a voter is read by the election official, any candidate or qualified poll watcher pursuant to § 7-5-312 may challenge the vote in the manner provided by law for personal voting challenges, and the election officials shall consider the ballot as a provisional ballot.

(b) If the statement is not in proper form or for any other legal reason the vote should not be counted, the ballot shall not be counted and shall be preserved together with the statement and envelope for the same period of time that the statements are preserved.

(c) If the county board of election commissioners determines that the provisional voter is qualified and that the vote was properly cast, the vote shall be counted.

History

Acts 1969, No. 465, Art. 9, § 14; A.S.A. 1947, § 3-914; Acts 1997, No. 1092, § 13; 2003, No. 1154, § 4; 2005, No. 67, § 13; 2005, No. 880, § 7; 2007, No. 556, § 14.

7-5-418. Early voting.

(a)

(1)

(A) Except as provided in subdivision (a)(1)(B) of this section, early voting shall be available to any qualified elector who applies to the county clerk's designated early voting location, beginning fifteen (15) days before a preferential primary or general election between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and 10:00 a.m. and 4:00 p.m. Saturday and ending at 5:00 p.m. on the Monday before the election.

(B) Early voting shall not be available on state or county holidays.

(2)

(A) Except as provided in subdivision (a)(2)(B) of this section, on all other elections, including the general primary and general runoff elections, early voting shall be available to any qualified elector who applies to the county clerk during regular office hours, beginning seven (7) days before the election and ending on the day before the election day at the time the county clerk's office regularly closes.

(B) If an annual school election is held at the same time as the preferential primary election or general election, early voting for the annual school election shall comply with subdivision (a)(1)(A) of this section.

(b)

(1)

(A) The county board of election commissioners may decide to hold early voting at additional polling sites outside the offices of the county clerk on any of the days and times provided for in subsection (a) of this section, if it so chooses.

(B) The county board of election commissioners shall determine by unanimous vote the location of additional polling sites for early voting.

(2) The county board of election commissioners shall appoint the election officials for the additional early voting polling site or sites in the same manner as election officials are appointed for election day.

(3)

(A) The county board of election commissioners shall notify the county clerk of its decision to hold early voting at additional polling sites outside the office of the county clerk within ten (10) days of the decision.

(B) If the county board of election commissioners decides to hold early voting at one (1) or more conveniently located polling sites on the days and times under subsection (a) of this section, the county clerk may choose not to hold early voting within the office of the county clerk. The county clerk shall notify the county board of election commissioners within ten (10) days of the receipt of notice from the county board of election commissioners regarding early voting at additional polling sites.

(4) The early voting election official shall record the date on all pages of the early voting roster or early voting request form and keep a daily record of the number of early ballots cast.

(5) All voted ballots and unvoted ballots and all related election materials at each additional early voting polling site shall be stored in a secure location in the county courthouse or in a secure location as determined by the county board of election commissioners immediately after the close of the additional polling sites each day that early voting is conducted there.

(c) Before a person is permitted to cast an early vote, the county clerk or election official shall:

(1) Request the voter to identify himself or herself by stating his or her name, date of birth, and address in order to verify his or her registration;

(2) Request that the voter verify his or her registration by providing a document or identification card that meets the requirements of Arkansas Constitution, Amendment 51, § 13, if required by that section;

(3) If the voter's name or address is not the same as that in the county voter registration record files, request the voter to complete an updated voter registration application form;

(4) Request the voter to sign an early voting roster or early voting request form that identifies his or her name, address, date of birth, and the date on the roster or form;

(5) Enter the voter's precinct number on the early voting roster or early voting request form;

(6) Verify if a person requested an absentee ballot according to the precinct voter registration list; and

(7) Permit a person to cast a provisional ballot if the person received an absentee ballot according to the precinct voter registration list.

(d)

(1) If the voter is not listed in the county voter registration record files and the county clerk is unable to verify the voter's registration and if the voter contends that he or she is eligible to vote, then the voter may vote a provisional ballot that shall be counted only upon verification of the voter's registration status.

(2)

(A) If the voter fails to present verification of voter registration, the election official shall follow the procedure in Arkansas Constitution, Amendment 51, § 13.

(B)

(i) A person who is a resident of a long-term care or residential care facility licensed by the state is not required to provide verification of voter registration before voting.

(ii) A person not required to provide verification of voter registration under subdivision (d)(2)(B)(i) of this section shall provide documentation from the administrator of the facility attesting that the person is a resident of the facility.

(e) The county clerk or county board of election commissioners shall furnish voting locations that adequately allow the early voter to personally and secretly execute his or her ballot.

(f) Except as provided in this section, early voting shall be conducted in the same manner as voting on election day. Conduct that is prohibited or restricted on election day shall be subject to the same prohibitions and restrictions on the days on which early voting is conducted.

(g)

(1) The county clerk shall electronically record in the permanent voter registration record of an elector who voted at an early voting location to indicate that the elector has voted.

(2) Except as provided under subdivision (g)(3) of this section, the county clerk shall electronically record in the permanent voter registration record no later than twenty-four (24) hours after the elector has voted.

(3) If the elector votes on a Friday or Saturday, the county clerk shall electronically record in the permanent voter registration record no later than the close of business on the Monday following the vote.

History

Acts 1995, No. 686, § 7; 1995, No. 948, § 7; 1997, No. 967, § 1; 1997, No. 1092, § 14; 2003, No. 269, § 1; 2005, No. 655, § 1; 2005, No. 880, § 8; 2005, No. 1690, § 1; 2007, No. 556, § 15; 2007, No. 987, § 1; 2009, No. 375, § 3; 2009, No. 959, § 21; 2013, No. 595, § 6; 2013, No. 979, § 1; 2013, No. 1059, § 1; 2016 (3rd Ex. Sess.), No. 14, § 6; 2016 (3rd Ex. Sess.), No. 15, § 6; 2017, No. 633, § 13; 2017, No. 910, § 7; 2021, No. 1063, § 8.

7-5-502. Application of election laws and penalties.

All laws of this state applicable to elections where voting is done in any manner other than by machines and all penalties prescribed for violation of these laws shall apply to elections and precincts where voting machines are used insofar as they are applicable.

History

Acts 1969, No. 465, Art. 12, § 33; A.S.A. 1947, § 3-1233.

7-5-503. Examination and approval of machines by State Board of Election Commissioners.

(a) Any person or corporation selling voting machines may apply to exhibit machines to the State Board of Election Commissioners.

(b) The state board shall examine the machine and file a report of its accuracy, efficiency, and capacity with the office of the Secretary of State.

(c) If the kind of machine examined complies with the requirements of § 7-5-504 and can be safely used by voters at elections under the conditions prescribed, the machine shall be deemed approved by the state board, and machines of its kind may be adopted for use at elections if selected for use by the Secretary of State. When the machine has been approved, any improvement or change that does not impair its accuracy, efficiency, or capacity shall not render necessary a reexamination or reapproval.

(d) A form of voting machine not approved cannot be used at any election.

History

Acts 1969, No. 465, Art. 12, § 1; A.S.A. 1947, § 3-1201; Acts 2005, No. 2233, § 10.

7-5-504. Machine specifications.

No make of voting machine shall be approved for use unless it is so constructed that:

(1) It will ensure secrecy to the voter in the act of voting;

(2) It shall provide the capacity for voting for or against as many questions as may be submitted;

(3) It shall permit the voter to vote separately for the candidate of his or her choice for each office or position to be voted upon and to vote separately on each issue to be decided by election;

(4) It shall permit the voter to vote for as many persons for an office for whom he or she is lawfully entitled to vote, but no more;

(5) It shall prevent the voter from voting for the same candidate or question more than one (1) time;

(6) It shall permit the voter to verify in a private and independent manner the votes selected by the voter on the ballot before the ballot is cast;

(7) It shall provide the voter with the opportunity in a private and independent manner to change the ballot or correct any error before the ballot is cast;

(8) If it is a direct recording electronic voting machine, it shall include a voter-verified paper audit trail, except as provided under § 7-5-301(b);

(9) If the voter is legally entitled to select only one (1) candidate for an office but the voter selects more than one (1) candidate for the office, it shall notify the voter before the ballot is cast that he or she has selected more than one (1) candidate for the office on the ballot, notify the voter of the effect of casting multiple votes for the office, and provide the voter with the opportunity to correct the ballot before the ballot is cast;

(10) It shall permit the voter to vote for or against any question on which he or she may have the right to vote, but no other;

(11) It shall be capable of being programmed to display for voting purposes only the voter's proper ballot;

(12) It shall correctly register and record and accurately count all votes cast for any and all persons and for or against any and all questions;

(13) It shall be provided with a protective device to prevent any unauthorized operation of the machine before or after the election;

(14) It shall be provided with a counter or tabulator which shall show at all times during the election how many persons have voted;

(15) It shall be so equipped and constructed so that it can be made inaccessible to further voting after the polls have closed and all voters who were in line at the time the polls closed have voted;

(16) It shall permit a voter to vote in any election for any person for whom he or she wishes to vote when the person's name does not appear upon the voting machine;

(17) It bears a unique numerical, alphabetical, or alphanumeric sequence identifier that distinguishes it from any other machine;

(18) It shall be provided with a screen, hood, or partition which shall allow the voter to vote a secret ballot;

(19) It shall be capable of being operated from an alternate power source should the need arise;

(20) It shall permit voters with disabilities to vote unassisted if they so desire;

(21) It shall be:

(A) Qualified by an authorized federal agency or national testing and standards laboratory which is acceptable to the Secretary of State;

(B) Approved by the State Board of Election Commissioners; and

(C) Selected by the Secretary of State; and

(22) It can operate without a connection to the internet or an external network by:

(A) A cable;

(B) A wireless modem; or

(C) Any other mechanism or process.

History

Acts 1969, No. 465, Art. 12, § 2; A.S.A. 1947, § 3-1202; Acts 2005, No. 654, § 1; 2005, No. 2233, § 11; 2015, No. 1218, § 5; 2021, No. 735, § 2.

7-5-507. Demonstration — Assistance in operating machine.

(a)

(1) The manufacturer shall demonstrate the machine to the county election officials prior to the first election at which the machines are placed in use.

(2) The date for the demonstration shall be agreed upon by the vendor and the county board of election commissioners.

(b) On the date of the first election at which voting machines are used, manufacturers shall make employees available in each county where the machines are in operation to assist the county board of election commissioners in any manner that will expedite voting and provide efficient operation of voting machines. After the first election, the county board of election commissioners shall obtain the assistance needed in operating the machines, and the county board of election commissioners shall collect and pay expenses for this assistance as it would for any other election cost.

History

Acts 1969, No. 465, Art. 12, § 8; A.S.A. 1947, § 3-1208; Acts 1997, No. 446, § 3; 2005, No. 2233, § 14; 2015, No. 1218, § 6.

7-5-509. Machines used for demonstration.

(a)

(1) The county board of election commissioners may designate suitable times and places where voting machines shall be exhibited for the purpose of giving instructions in their use to all voters who apply for instruction.

(2) Public notice of the times and places where voting machines will be exhibited shall be given at least forty-eight (48) hours before the first date of demonstration by publication one (1) time in one (1) or more daily or weekly newspapers published in the town, city, or county using the machines if a newspaper is published in the town, city, or county.

(b)

(1) The location of voting machines for demonstration shall be in accessible public buildings.

(2) The voting machines used for demonstration shall display sample ballots showing the title of offices to be filled and, as far as practicable, the names of the candidates in the next election.

(c) No voting machine that is to be assigned for use in any election shall be used for instruction after having been prepared and secured for the election. Machines shall not be used for demonstration purposes during the time that the polls are open on election day or if the demonstration shall in any way interfere with the proper adjustment, securing, or use of the machine in the election.

History

Acts 1969, No. 465, Art. 12, § 11; A.S.A. 1947, § 3-1211; Acts 2005, No. 2233, § 16; 2015, No. 1218, § 7.

7-5-510. Forms for complaints about function of voting machine — Investigation.

(a) At each polling place at which voting machines are used, the county board of election commissioners shall provide forms that voters may use for complaints about the function of a voting machine. The complaint form shall include space for the following information:

(1) The name, address, and telephone number of the person making the complaint;

(2) The identification number of the voting machine;

(3) The complaint; and

(4) Such other information concerning the complaint as the State Board of Election Commissioners determines to be appropriate to carry out the intent of this section.

(b)

(1) A voter may file a complaint form with a poll worker who shall forward the complaint form to the county board of election commissioners.

(2) A copy of each complaint shall be provided to the Elections Division of the Secretary of State.

(3) It shall be the duty of the county board of election commissioners to investigate complaints regarding the function of a voting machine.

History

Acts 1985, No. 562, § 1; A.S.A. 1947, § 3-1235; Acts 1997, No. 446, § 5; 2009, No. 959, § 23; 2015, No. 1218, § 8.

7-5-512. Certification of ballot styles — Equipment furnished to polling sites.

(a) It shall be the duty of the county board of election commissioners to prepare and certify the ballot styles for the voting machine.

(b) In addition, the county board of election commissioners shall furnish any election materials and supplies as may be necessary or as may be required by law.

(c) The voting machine shall be delivered by the county board of election commissioners to the election officials at each polling site.

(d) The county board of election commissioners shall supply each precinct with clear, written instructions suitable for the instruction of voters that illustrate the manner of voting on the machine.

History

Acts 1969, No. 465, Art. 12, § 12; A.S.A. 1947, § 3-1212; Acts 1997, No. 446, § 7; 2005, No. 2233, § 18; 2007, No. 222, § 9.

7-5-513. Machine breakdown — Delivery of ballot materials.

The county board of election commissioners in any county in which voting machines are to be used shall be ready at any time on election day to deliver ballots, ballot boxes, replacement voting machines, if available, or other necessary equipment required by law for voting to any precinct in the county, town, or city upon notice that any voting machine is out of order or fails to work.

History

Acts 1969, No. 465, Art. 12, § 31; A.S.A. 1947, § 3-1231; Acts 1997, No. 446, § 8; 2005, No. 2233, § 19.

7-5-515. Preparation of machines for election — Logic and accuracy testing and public testing.

(a) Immediately upon the proper certification of candidates and questions, the county board of election commissioners shall oversee programming of the election, proof the ballots, prepare the voting machines, and test and adjust the voting machines for the election.

(b) In performing these functions, the county board of election commissioners may be assisted by experts appointed or employed by the county board of election commissioners.

(c)

(1)

(A) As soon as the election media is prepared, but no later than seven (7) days before the beginning of voting, the county board of election commissioners, with respect to all elections except a runoff election under subdivision (c)(1)(B) of this section, shall conduct logic and accuracy testing by having all election media tested to ascertain that the voting system has been correctly configured and will correctly tabulate the votes cast for all offices and on all measures.

(B) As soon as the election media is prepared, but no later than five (5) days before the beginning of voting, the county board of election commissioners, with respect to a runoff election, shall conduct logic and accuracy testing by having all runoff election media tested to ascertain that the voting system has been correctly configured and will correctly tabulate the votes cast for all offices and on all measures.

(2) In addition to the logic and accuracy testing under subdivision (c)(1) of this section, the county board of election commissioners shall conduct public testing as follows:

(A) The county board of election commissioners shall give public notice of the time and place of the test at least forty-eight (48) hours prior to the public test by publication one (1) time in one (1) or more daily or weekly newspapers published in the town, city, or county using the machines if a newspaper is published in the town, city, or county;

(B) The public test shall be open to representatives of the political parties, candidates, media, and the public;

(C)

(i) The public test shall be conducted by processing a preaudited group of test ballots that are to be voted on the machines so as to record a predetermined number of valid votes for each candidate and on each measure.

(ii) The public test shall include for each office one (1) or more ballots which have votes in excess of the number allowed by law in order to test the ability of the machines to reject the votes; and

(D) If any error is detected, the cause shall be ascertained and corrected and an errorless count shall be made before the machine is approved.

(d) After completion of the logic and accuracy test and the public test, the ballots and programs used shall be sealed, retained, and disposed of as provided by law.

(e) After completion of the logic and accuracy test and the public test, the county board of election commissioners shall certify the accuracy of the voting system by:

(1) Sending a copy of the electronic results to the Secretary of State; and

(2) Filing the test results with the county clerk.

History

Acts 1969, No. 465, Art. 12, §§ 10, 13; A.S.A. 1947, §§ 3-1210, 3-1213; Acts 1997, No. 446, § 10; 2005, No. 2233, § 20; 2009, No. 1480, § 33; 2015, No. 1218, § 9; 2017, No. 164, § 1; 2019, No. 966, § 6[5].

7-5-516. Notice to candidates of preparation — Rules and statutes unaffected.

Before the county board of election commissioners begins the preparation of the machines for any election, it shall publish a notice in a newspaper of general circulation in the county stating:

(1) The time and place the machines will be prepared for the election; and

(2) A time at which one (1) representative of each candidate may inspect to see that the machines are in proper condition for use in the election.

History

Acts 1969, No. 465, Art. 12, § 14; A.S.A. 1947, § 3-1214; Acts 1997, No. 446, § 11; 2009, No. 959, § 24.

7-5-517. Securing machines — Certification.

(a) When a voting machine has been properly prepared by the county board of election commissioners and examined by the representatives of the candidates or the candidate himself or herself, it shall be made inaccessible to voting.

(b)

(1) Any device required to activate the machine shall be placed in a package on which shall be written the serial number and the precinct location of the voting machine and the number registered on the device.

(2) The package shall be sealed in the presence of the representatives of the candidates or the candidates themselves.

(c) The county board of election commissioners shall then certify, in the presence of the candidates or their representatives, the serial numbers of the machines, and that all question counters are set at zero (000).

(d) An activation device required for voting on the voting machines shall be kept by the county board of election commissioners until turned over for delivery to the election officials with the election equipment at the polling site for election day.

History

Acts 1969, No. 465, Art. 12, § 15; A.S.A. 1947, § 3-1215; Acts 1997, No. 446, § 12; 2005, No. 2233, § 21; 2015, No. 1218, § 10.

7-5-518. Machines inactivated until polls open — Adjustment of counters.

(a) The voting machine shall remain inactivated against voting until the polls are formally opened and shall not be operated except by voters for voting.

(b) If any counter is found not to register zero (000), the poll workers shall immediately notify the county board of election commissioners, who shall cause the counters to be adjusted at zero (000).

(c)

(1) The poll workers shall produce one (1) printout from each machine showing whether the candidate and question counters register zero (000) and shall sign and post the printout upon the wall of the polling room, where it shall remain throughout the election day.

(2) After the close of voting on election day, the certified printout, signed by the poll workers, shall be:

(A) Returned to the county board of election commissioners; and

(B) Filed with the election returns.

History

Acts 1969, No. 465, Art. 12, § 16; A.S.A. 1947, § 3-1216; Acts 1997, No. 446, § 13; 2005, No. 2233, § 22; 2007, No. 835, § 1; 2009, No. 959, § 25; 2015, No. 1218, § 11.

7-5-520. Instructions for voters using voting machines.

During the election, each voter shall be instructed regarding the operation of voting machines before voting. The voter's attention shall also be called to the sample ballot, so that the voter shall become familiar with the questions, the names of the offices, and the names of the candidates.

History

Acts 1969, No. 465, Art. 12, § 18; A.S.A. 1947, § 3-1218; Acts 1997, No. 446, § 15; 2005, No. 2233, § 24.

7-5-521. Arrangement of polling place.

(a) The exterior of the voting machine and every part of the polling place shall be in plain view of the poll workers.

(b) The machine shall be placed so that no person can see or determine how the voter casts his or her vote.

(c) After the opening of the polls, the poll workers shall not allow any person to pass to the part of the room where the machine is situated, except for the purpose of voting.

History

Acts 1969, No. 465, Art. 12, § 22; A.S.A. 1947, § 3-1222; Acts 1997, No. 446, § 16; 2005, No. 2233, § 25; 2009, No. 959, § 26.

7-5-522. Voting procedure.

(a)

(1) When a voter presents himself or herself for the purpose of voting, the poll workers shall ascertain whether he or she is properly qualified and registered under § 7-5-305.

(2) In preparing the machines, the poll workers shall ensure that each voter will have access only to the proper ballot.

(b) Only one (1) voter at a time shall be permitted to approach a voting machine. Having cast his or her vote, the voter shall at once move away from the voting machine and leave the polling room by the exit provided.

(c) A voter having left the voting machine shall not be permitted to return to the voting machine except to complete the voting process.

(d) If a voter leaves an electronic ballot on a voting machine on which the voter has either made some or no selections and has failed to complete the process of casting the ballot and failed to notify a poll worker of his or her desire to cancel the ballot before departing the polling site, two (2) poll workers shall take action to complete the process of casting the ballot and shall document:

(1) The time;

(2) The name of the voter, if known;

(3) The names of the poll workers completing the process of casting the ballot; and

(4) All other circumstances surrounding the abandoned ballot.

History

Acts 1969, No. 465, Art. 12, § 21; A.S.A. 1947, § 3-1221; Acts 1989, No. 342, § 1; 1997, No. 446, § 17; 2005, No. 2233, § 26; 2007, No. 835, § 2; 2009, No. 959, § 26.

7-5-524. Voter access to machines — Persons in line at closing time.

(a) During the time that the polls are open for voting, no more voters shall be permitted to approach the voting machine than there are vacant machines available for voting.

(b) At the time of the closing of the polls, all persons who have presented themselves for voting and who are then in line at the polling place shall be permitted to cast their votes as now provided by law. Every person in line shall have the opportunity to vote.

History

Acts 1969, No. 465, Art. 12, § 23; A.S.A. 1947, § 3-1223.

7-5-525. Write-in votes.

(a) Votes for any person whose name does not appear on the voting machine as a qualified candidate for office are referred to in this section as write-in votes.

(b)

(1) The voting machine shall be programmed to allow a voter to enter the name of a qualified write-in candidate on the ballot.

(2) A write-in vote shall be cast in the appropriate place on the ballot, or the vote for that candidate shall be void and not counted.

(c) Write-in votes shall not be counted in primary elections.

History

Acts 1969, No. 465, Art. 12, § 20; A.S.A. 1947, § 3-1220; Acts 2005, No. 2233, § 28.

7-5-526. Closing of polls — Securing machines — Poll workers' certificate.

(a) At the official time for closing the polls and upon termination of the voting, the poll workers shall announce that the polls have closed and in the presence of all persons authorized to be present shall remove the activation devices from the voting machines to make them inaccessible to further voting.

(b) At the same time, the poll workers shall sign a certificate provided by the county board of election commissioners stating that the machines were made inaccessible to further voting and giving the exact time and the number of votes shown on the public counters.

History

Acts 1969, No. 465, Art. 12, § 24; A.S.A. 1947, § 3-1224; Acts 1997, No. 446, § 19; 2005, No. 2233, § 29; 2009, No. 959, § 27; 2015, No. 1218, § 12.

7-5-527. Exposure of count — Verification — Return record — Official signatures.

(a) The poll workers shall then expose the count in the presence of all persons authorized to be present.

(b) It is the intention of this section to accord a full, complete, and public view of the count from each voting machine to all poll workers and designated watchers for the candidates or parties.

(c)

(1) The poll worker shall proceed to produce the result record in a minimum of three (3) copies.

(2)

(A) The result record shall be deemed the official count for that machine.

(B) One (1) copy of the completed return record for that machine shall be posted upon the wall of the polling room for all to see.

(d) The poll workers shall sign the machine return record produced by the device.

(e)

(1) The activation device used to collect votes from each voting machine and all certified result records shall be placed in a package that shall be sealed and signed by all the poll workers and any watchers that may desire to affix a signature.

(2)

(A) The sealed package shall be immediately returned to the county board of election commissioners by one (1) of the poll workers selected for this purpose, accompanied by those other poll workers and watchers who desire to join the poll worker.

(B) The poll worker shall obtain a receipt for the sealed package.

History

Acts 1969, No. 465, Art. 12, §§ 25, 26; A.S.A. 1947, §§ 3-1225, 3-1226; Acts 1997, No. 446, § 20; 2005, No. 2233, § 30; 2009, No. 959, § 27; 2015, No. 1218, §§ 13, 14.

7-5-528. Machines released to officers.

Voting machines shall be released to a person designated by the county board of election commissioners for storage in a secure facility designated by the county board of election commissioners.

History

Acts 1969, No. 465, Art. 12, § 27; A.S.A. 1947, § 3-1227; Acts 1997, No. 446, § 21; 2007, No. 835, § 5.

7-5-529. Tabulation of returns.

(a) The county board of election commissioners shall compile countywide totals from the activation pack or device used to collect votes from each voting machine.

(b) Prior to certification of the official election results, the county board of election commissioners shall manually compile countywide totals from the polling location's certified return records and verify that they match the electronically derived totals from the activation pack or device used to collect votes from each machine.

History

Acts 1969, No. 465, Art. 12, § 28; A.S.A. 1947, § 3-1228; Acts 1997, No. 446, § 22; 2005, No. 2233, § 31.

7-5-530. Securing audit materials upon election contest or recount.

(a) The county board of election commissioners shall produce an audit log for each voting machine used in the election.

(b) In the event that there is an election contest filed, the judge of the court that has jurisdiction may order the county board of election commissioners to secure the audit logs and the voter-verified paper audit trail alleged in the contest to be in question. The county board of election commissioners shall store them in a secure place in the county courthouse under lock and key awaiting further orders of the court.

(c) In the event that any candidate in any election in which the machines have been utilized or any voter who questions the count of any question posed at any election gives written notice to the county board of election commissioners that he or she desires a recount, then the applicable county board of election commissioners shall secure the audit logs and voter-verified paper audit trails and store them in a secure place in the county courthouse awaiting further orders of the applicable county board of election commissioners or court.

History

Acts 1969, No. 465, Art. 12, § 29; A.S.A. 1947, § 3-1229; Acts 1997, No. 446, § 23; 2005, No. 2233, § 32; 2007, No. 835, § 6.

7-5-531. Retention of audit data — Machines to remain secured until results are certified except on court order.

(a) All audit logs and voter-verified paper audit trails produced by a voting machine shall remain secured for a period of two (2) years.

(b)

(1) All voting machines used in any election shall remain secured for a period of at least three (3) days following the election unless the machines are ordered to be activated sooner by and on the authority of an order of a court of competent jurisdiction, in the event that the issue of the election should be in judicial controversy.

(2) Should no order be entered, it shall be the duty of the county board of election commissioners to clear the machines for future elections after the results of the election have been certified.

History

Acts 1969, No. 465, Art. 12, § 30; 1970 (1st Ex. Sess.), No. 25, § 1; A.S.A. 1947, § 3-1230; Acts 1997, No. 446, § 24; 2005, No. 2233, § 33.

7-5-532. Direct-recording electronic voting machines — Definitions.

(a) For purposes of this section:

(1) “Direct-recording electronic voting machine” means a voting machine that:

(A) Records votes by means of a ballot display provided with mechanical or electro-optical components that may be actuated by the voter;

(B) Processes the data by means of a computer program;

(C) Records voting data and ballot images in internal or external memory components; and

(D) Produces a tabulation of the voting data stored in a removable memory component and in a printed copy; and

(2) “Voter-verified paper audit trail” means a contemporaneous paper record of a ballot printed for the voter to confirm his or her votes before the voter casts his or her ballot.

(b) The Secretary of State or the county shall not purchase or procure a direct-recording electronic voting machine that does not include a voter-verified paper audit trail.

(c)

(1) All direct-recording electronic voting machines in use on or after January 1, 2006, shall include a voter-verified paper audit trail, except for those direct-recording electronic voting machines in use during the 2004 general election.

(2) All direct-recording electronic voting machines purchased on or after August 12, 2005, shall include a voter-verified paper audit trail.

(d) A direct-recording electronic voting machine with a voter-verified paper audit trail shall meet the following conditions:

(1) The voter-verified paper audit trail may be verified by the voter before the casting of the voter's ballot;

(2) The voter-verified paper audit trail shall not be retained by the voter;

(3) The voter-verified paper audit trail shall not contain individual voter information;

(4) The paper used in producing the voter-verified paper audit trail shall be sturdy, clean, and resistant to degradation; and

(5) The voter-verified paper audit trail shall be readable in a manner that makes the voter's ballot choices obvious to the voter without the use of computer or electronic code.

(e) Voter-verified paper audit trails shall be preserved in the same manner and for the same time period that ballots and certificates are preserved under § 7-5-702.

History

Acts 2005, No. 654, § 2; 2007, No. 835, § 7; 2009, No. 959, § 28; 2013, No. 1126, § 6.

7-5-601. Paper ballots — Form.

(a) All paper ballots provided by the county board of election commissioners of any county in this state for any election shall be alike and shall be printed in plain type.

(b) Each ballot shall be printed on paper with a perforated portion capable of being detached for use as the ballot stub.

(c)

(1) As ballots are printed, the portion that shall be used as the ballot stub shall be numbered consecutively beginning with the number one (1).

(2) The number on the last ballot printed shall show the total number of ballots provided for the election.

(d)

(1) The heading on the front or inner side of each ballot shall be: “OFFICIAL BALLOT. Vote by placing an appropriate mark opposite the person for whom you wish to vote.”

(e) Beneath the heading on each paper ballot there shall be printed instructions that inform the voter:

(1) Of the effect of casting multiple votes for an office; and

(2) How to correct the ballot before it is cast and counted, including without limitation instructions on how to correct an error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct an error.

History

Acts 1977, No. 77, § 1; A.S.A. 1947, § 3-1801n; Acts 2005, No. 2233, § 34; 2009, No. 1480, § 35; 2011, No. 1020, § 2.

7-5-602. Ballots — Number — Official — Marking device — Spoiled.

(a)

(1) The county board of election commissioners of each county in this state using paper ballots counted by hand at the polling site, paper ballots counted by an electronic vote tabulating device at the polling site, or paper ballots cast at a polling site and counted at a central location shall provide for each election precinct one hundred fifty (150) printed ballots for each one hundred (100) or fraction of one hundred (100) electors voting on paper ballots at the last preceding comparable election.

(2) The total number of ballots required to be printed for each election precinct shall not exceed one hundred five percent (105%) of the total number of registered voters for the respective precinct.

(b) A ballot shall not be received or counted in any election to which this subchapter applies unless it is provided by the county board of election commissioners under this section.

(c) At all elections in counties that use paper ballots and in which those ballots are counted by hand, the ballots shall be marked using permanent ink.

(d)

(1) A voter who shall by accident or mistake mar or spoil any ballot so that he or she cannot conveniently or clearly vote on the ballot may return it to the poll workers and receive another ballot, not to exceed three (3) ballots in total.

(2)

(A) Spoiled ballots shall be cancelled by a poll worker by using a stamp marked “CANCELLED” on the face of the ballot.

(B) The poll worker shall write the date and time, and print and sign his or her name next to the stamp marked “CANCELLED”.

(3) The cancelled ballots shall be preserved separately from other ballots and returned to the county board of election commissioners and shall be open to public inspection.

History

Acts 2009, No. 1480, § 36; 2021, No. 736, § 15.

7-5-603. Counting paper ballots at the polling site.

When paper ballots are to be counted at the polling site, the following procedures shall be followed:

(1)

(A) In counting the ballots, the ballot box shall be opened and each ballot shall be counted in turn or by counting by offices and issues.

(B) The poll workers shall witness the counting of the ballots and shall keep separate tally lists of the votes cast for each candidate or issue on the ballot;

(2)

(A) When two (2) or more ballots are found folded together, it shall be considered as conclusive evidence the ballots are fraudulent and neither of the ballots shall be counted.

(B) If a ballot is found to contain marks for more than the maximum allowable number of candidates in any one (1) contest, the contest shall be considered overvoted, and it shall be the responsibility of the poll workers to determine the voter's intent;

(3)

(A) Upon the close of the polls, the poll workers immediately shall certify and attest the list of voters and continue the count to completion.

(B) If a poll worker becomes sick or incapacitated from any other cause, the remaining poll workers shall continue the count until it is completed;

(4) After the count is completed, the poll workers shall make out the certificates of election in triplicate and immediately post one (1) copy outside the polling site; and

(5)

(A) The counting of ballots shall be open to the public.

(B) Any candidate or political party may be present in person or by representative designated in writing under § 7-5-312 at the count of the ballots in any election for the purpose of determining whether or not the ballots in any election precinct are fairly and accurately counted.

(C) The candidate in person or an authorized representative of the candidate or political party shall be permitted, upon a request's being made to a poll worker, to inspect any or all ballots after the ballots have been counted.

History

Acts 1977, No. 77, § 8; A.S.A. 1947, § 3-1807; Acts 2005, No. 2233, § 35; 2009, No. 1480, § 37.

7-5-604. Authorization — Election laws applicable.

(a) Paper ballot voting systems that include electronic vote tabulating devices may be used in elections, provided that the systems shall:

(1) Enable the voter to cast a vote in secrecy;

(2) Enable the voter to vote for all offices and measures on which he or she is entitled to vote;

(3) Permit the voter to verify in a private and independent manner the votes selected by the voter on the ballot before the ballot is cast;

(4) Provide the voter with the opportunity in a private and independent manner to change the ballot or correct any error before the ballot is cast;

(5)

(A) Notify the voter that he or she has selected more than one (1) candidate for the office, notify the voter before the ballot is cast and counted of the effect of casting multiple votes for the office, and provide the voter with the opportunity to correct the ballot before the ballot is cast if the voter is legally entitled to select only one (1) candidate for an office but the voter selects more than one (1) candidate for the office.

(B) Electronic vote tabulating devices used to cast and count votes at the polling place shall be programmed to reject ballots containing overvotes as described in this section.

(C) When votes are cast at polling places and are to be counted by hand or at the courthouse or other central counting location, the county board of election commissioners shall provide a voter education program to inform the voters:

(i) Of the effect of casting multiple votes for an office; and

(ii) How to correct the ballot before it is cast, including, but not limited to, instructions on how to correct the error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct any error;

(6)

(A) Notify the voter that the voter has selected more than the allowed number of candidates for the office on the ballot, notify the voter before the ballot is cast and counted of the effect of casting more than the allowed number of votes for that office, and provide the voter with the opportunity to correct the ballot before the ballot is cast if the voter is legally entitled to select multiple candidates for an office but the voter selects more than the number of candidates he or she is legally entitled to select.

(B) Electronic vote tabulating devices used to cast and count votes at the polling places shall be programmed to reject ballots containing overvotes as described in this section.

(i) Of the effect of casting more votes than the voter is legally entitled to cast for an office; and

(7) Permit the voter to vote:

(A) At any election for all persons and officers for whom he or she is lawfully entitled to vote and no others;

(B) For as many persons for an office as he or she is entitled to vote;

(C) For or against any question upon which he or she is entitled to vote; and

(D) By means of a single device, if authorized by law, for all candidates for one (1) party or to vote a split ticket as he or she desires;

(8) Permit the voter by one (1) mark to vote for the candidates for that party for president, vice president, and their presidential electors at presidential elections;

(9) Generate a printed record at the beginning of its operation which verifies that the tabulating elements for each candidate position and each question and the public counter are all set to zero (000); and

(10) Generate a printed record at the finish of its operation of the total number of:

(A) Voters whose ballots have been tabulated;

(B) Votes cast for each candidate whose name appears on the ballot;

(C) Votes cast for or against any question appearing on the ballot; and

(D) Undervotes and overvotes by contest.

(b) So far as applicable, the procedures provided by law for voting by other means and the conduct of the election in regard thereto by the election officials, not otherwise inconsistent with this subchapter, shall apply to the system of electronic vote tabulation as authorized in this subchapter.

History

Acts 1977, No. 77, § 3; 1979, No. 738, § 2; A.S.A. 1947, § 3-1802; Acts 2005, No. 2233, § 36; 2009, No. 1480, § 38.

7-5-606. Approval of equipment — Specifications.

(a) The State Board of Election Commissioners may promulgate rules for the administration of this subchapter and shall approve the marking devices and electronic vote tabulating devices.

(b)

(1) Any person or company wishing to exhibit marking devices and electronic vote tabulating devices may file written application with the board and request an opportunity to exhibit and demonstrate devices.

(2) The board shall examine the marking device or the electronic vote tabulating device and file a report in the office of the Secretary of State of its accuracy, efficiency, and capacity.

(3) If the board shall reject any device, the reasons shall be stated in the report filed with the Secretary of State.

(4) Any person or company aggrieved by any finding or ruling of the board may appeal to the Pulaski County Circuit Court within sixty (60) days from the date the report of the board is filed with the Secretary of State.

(c) After any device has been approved, it shall not be necessary that it be exhibited and approved again by the board unless there is a change or modification in the device that renders it incapable of marking ballots or tabulating votes in the same method of procedure approved by the board.

(d) Marking devices or electronic vote tabulating devices not approved by the board or selected by the Secretary of State may not be used in any lawful election in this state.

(e) No marking device or electronic vote tabulating device shall be approved unless it fulfills the requirements of this section and the federal Help America Vote Act of 2002.

History

Acts 1977, No. 77, § 7; A.S.A. 1947, § 3-1806; Acts 2005, No. 2233, § 38; 2015, No. 1218, §§ 15, 16.

7-5-607. Arrangement of polling place.

In precincts where an electronic vote tabulating device is used, sufficient space shall be provided for the use of the device, and it shall be arranged in such a manner as to assure secrecy in voting.

History

Acts 1977, No. 77, § 4; A.S.A. 1947, § 3-1803; Acts 2005, No. 2233, § 39.

7-5-609. Spoiled ballots.

Any voter who spoils his or her ballot or makes an error may return it to the election officials and mark another, not to exceed three (3) in all.

History

Acts 1977, No. 77, § 4; A.S.A. 1947, § 3-1803; Acts 2005, No. 2233, § 41; 2015, No. 1218, § 17.

7-5-610. Write-in ballots.

In all elections in which write-in candidacies are allowed, the ballot shall permit electors to submit the names of persons who have qualified as write-in candidates and whose names are not on the ballot.

History

Acts 1977, No. 77, § 4; A.S.A. 1947, § 3-1803; Acts 2005, No. 2233, § 42; 2015, No. 1218, § 18.

7-5-611. Preparation of electronic vote tabulating devices — Test — Disposition of voting materials.

(a)

(1) The county board of election commissioners, with respect to all elections, shall cause the electronic vote tabulating devices used for voting to be properly programmed and tested before delivery to the election precincts.

(2) As soon as the election media are prepared, but no later than seven (7) days before the beginning of voting, the county board of election commissioners, with respect to all elections except a runoff election as described in subdivision (a)(3) of this section, shall conduct logic and accuracy testing by having all election media from each electronic vote tabulating device tested to ascertain that the devices will correctly tabulate the votes cast for all offices and on all measures.

(3) In a runoff election, as soon as the election media are prepared, but no later than five (5) days before the beginning of voting, the county board of election commissioners shall conduct logic and accuracy testing by having all runoff election media from each electronic vote tabulating device tested to ascertain that the devices will correctly tabulate the votes cast for all offices and on all measures.

(b) In addition to the logic and accuracy test under subsection (a) of this section, the county board of election commissioners shall conduct public testing as follows:

(1) The county board of election commissioners shall provide public notice of the time and place of the public test at least forty-eight (48) hours prior thereto by publication one (1) time in one (1) or more daily or weekly newspapers published in the town, city, or county using the devices, if a newspaper is published therein;

(2) The public test shall be open to representatives of the political parties, candidates, the press, and the public;

(3)

(A) The public test shall be conducted by processing predetermined results from a group of ballots marked to record a predetermined number of valid votes for each candidate and on each measure for each precinct or voting location.

(B) Prior to the start of the public test, a printout shall be generated to show that no votes are recorded on the electronic vote tabulating device.

(C) The public test shall include for each office one (1) or more ballots which have votes in excess of the number allowed by law in order to test the ability of the electronic vote tabulating devices to reject such votes;

(4) If any error is detected, the cause shall be ascertained and corrected, and an errorless count shall be made before the electronic vote tabulating device or devices are certified for use in the election; and

(5) Upon completion of the public test, the electronic vote tabulating devices shall be cleared of any votes cast during the test.

(c) After completion of the logic and accuracy test and the public test, the county board of election commissioners shall certify the accuracy of the voting system by sending a copy of the electronic results to the Secretary of State and filing the test results with the county clerk.

(d)

(1) Before the opening of the polls, the poll workers shall generate a printout from the electronic vote tabulating device or devices to verify that the candidates and measures are correct for the location and that no votes are recorded on the electronic vote tabulating device or devices.

(2) The poll workers shall sign and post the printout upon the wall of the polling room where it shall remain throughout the election day.

(3) The certified printout shall be filed with the election returns.

History

Acts 1977, No. 77, § 4; A.S.A. 1947, § 3-1803; Acts 1997, No. 446, § 27; 2005, No. 2233, § 43; 2009, No. 959, § 29; 2009, No. 1480, § 39; 2015, No. 1218, § 19; 2017, No. 164, § 2.

7-5-613. Counting ballots and write-in votes.

In precincts where an electronic vote tabulating device is used, as soon as the polls are closed:

(1) The poll workers shall compare the total number of voters indicated by the electronic vote tabulating device with the list of voters to ensure that the number recorded by the tabulator is the same as the number of voters shown on the list of voters who received a ballot at the polling site. If the totals are different, this fact shall be reported in writing to the county board of election commissioners with the reasons, if known; and

(2) The poll workers shall count the write-in votes and prepare a return of the votes on forms provided for that purpose.

History

Acts 1977, No. 77, § 6; A.S.A. 1947, § 3-1805; Acts 1997, No. 446, § 29; 2005, No. 2233, § 44; 2009, No. 959, § 30.

7-5-614. Locations for vote tabulation — Procedures.

For the tabulation of votes of a precinct by electronic vote tabulating devices at a central counting location:

(1)

(A) The poll workers shall place all ballots that have been cast in the container provided for that purpose.

(B) The container shall be sealed and delivered to the county board of election commissioners forthwith by the poll workers together with the unused, void, and defective ballots; and

(2) All proceedings at the counting location shall be under the direction of the county board of election commissioners with respect to all elections.

History

Acts 1977, No. 77, § 6; A.S.A. 1947, § 3-1805; Acts 1993, No. 511, § 3; 1997, No. 446, § 30; 2005, No. 2233, § 45; 2007, No. 835, § 8; 2009, No. 959, § 30.

7-5-615. Tabulation of votes — Defective ballots — Certification of returns.

(a) The counting of votes by electronic vote tabulating devices at the courthouse or other central counting location shall be open to the public, and any candidate or political party may be present in person or by representative designated in writing pursuant to § 7-5-312 to view the counting.

(b) No person except those employed and authorized for that purpose shall touch any ballot or return.

(c) The election officials at the counting place and all persons operating the electronic vote tabulating devices shall take the same oath required by law for election officials before entering upon their duties.

(d) If any ballot is damaged or defective so that it cannot properly be counted by the electronic vote tabulating device, a true duplicate copy shall be made of the damaged ballot in the presence of tabulation election officials if the votes are tabulated at a central location. The duplicate shall be substituted for the damaged ballot. All duplicate ballots shall be clearly labeled “duplicate” and shall be counted in lieu of the damaged or defective ballot.

(e) The return printed by the electronic vote tabulating device, to which has been added the return of write-in, early, and absentee votes, shall constitute the official return of each polling site. All returns shall be certified by the election officials in charge of the tabulation thereof in the manner provided by law.

(f) Upon completion of the count, the returns shall be open to the public.

History

Acts 1977, No. 77, § 6; A.S.A. 1947, § 3-1805; Acts 1997, No. 446, § 31; 2003, No. 1154, § 5; 2005, No. 2233, § 46; 2007, No. 835, § 9.

7-5-616. Penalty.

A person who violates this subchapter shall be subject to the same fine and imprisonment as provided by law for violating the comparable provisions of the laws of this state regarding voting by other voting methods.

History

Acts 2009, No. 1480, § 40.

7-5-701. Declaration of results — Certification, delivery, and custody of returns.

(a)

(1) No earlier than forty-eight (48) hours after the election and no later than the fifteenth calendar day after the election, the county board of election commissioners, from the certificates and ballots received from the several precincts, shall proceed to ascertain, declare, and certify the result of the election to the Secretary of State.

(2) Unopposed candidates, other than candidates for mayor, Governor, and circuit clerk, shall be separately declared and certified to the Secretary of State as elected in the same manner as if the candidate had been voted upon at the election.

(3)

(A) As results are received and tabulated on election night for all state and federal elections, the county board of election commissioners shall declare preliminary and unofficial results of the election as soon as early voting, absentee, or individual precinct results are tabulated on election night and immediately shall transmit the results by precinct to the Secretary of State through the election night reporting interface provided by the Secretary of State.

(B) The county board of election commissioners may, by agreement with the county clerk, transmit the results to the county clerk who immediately shall transmit the results by precinct to the Secretary of State under subdivision (a)(3)(A) of this section.

(C) On election night for all state and federal elections, immediately after the count of the vote is complete, the county board of election commissioners shall:

(i) Declare preliminary and unofficial results of the election, including a statement of the number of outstanding:

(a) Ballots of voters who requested ballots under the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq.; and

(b) Provisional ballots; and

(ii) Immediately transmit the results by precinct to the Secretary of State through the election night reporting interface provided by the Secretary of State.

(D) The county board of election commissioners may, by agreement with the county clerk, transmit the results to the county clerk who shall immediately transmit the results by precinct to the Secretary of State as described in subdivision (a)(3)(C) of this section.

(E) The Secretary of State may establish policies and procedures to accomplish the objectives set forth under this section.

(4) Within nineteen (19) calendar days after any general, special, or school election, the county board of election commissioners shall deliver a certificate of election to the person having the highest number of legal votes for any county office.

(b) The county board of election commissioners shall also file in the office of the clerk of the county court a certificate setting forth in detail the result of the election in each precinct.

(c)

(1) No earlier than forty-eight (48) hours after the election and no later than the fifteenth calendar day after the election, the county board of election commissioners shall deposit certified copies of the abstracts of the returns of the election for members of the United States Congress and for all executive, legislative, and judicial officers in the nearest post office on the most direct route to the seat of government and directed to the Secretary of State.

(2) Separate from an abstract, the county board of election commissioners shall certify all unopposed candidates for these offices as elected in the same manner as if the candidate had been voted upon at the election.

(3) The county board of election commissioners shall not receive compensation for election duties after the election until the election results have been certified and delivered to the Secretary of State.

(4) The Secretary of State shall file a complaint with the State Board of Election Commissioners under § 7-4-120 if the county board of election commissioners does not comply with subdivision (c)(1) of this section.

(d)

(1) It shall at the same time enclose in a separate envelope and direct to the Speaker of the House of Representatives, in care of the Secretary of State, at the seat of government, a certified copy of the abstract of votes given for Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, and Attorney General.

(2) It is the duty of the Secretary of State to safely keep the returns addressed to the Speaker of the House of Representatives until they shall be required for the purpose of ascertaining and declaring the result of the election as prescribed in Arkansas Constitution, Article 6, § 3.

History

Acts 1969, No. 465, Art. 8, § 1; 1971, No. 261, § 14; A.S.A. 1947, § 3-801; Acts 1993, No. 512, § 3; 1993, No. 966, § 1; 1995, No. 441, § 1; 1995, No. 723, § 1; 1995, No. 724, § 1; 1999, No. 1304, § 1; 2001, No. 1475, § 1; 2003, No. 131, § 1; 2005, No. 731, § 1; 2005, No. 895, § 1; 2005, No. 1677, § 5; 2013, No. 1058, § 1; 2013, No. 1211, § 5; 2017, No. 730, § 3; 2019, No. 254, § 2; 2021, No. 448, § 8.

7-5-702. Preservation of ballots, stubs, certificates, and other election materials.

(a) After the election has been finally certified by the county board of election commissioners, the county board of election commissioners shall retain the custody of and safely keep in a sealed container appropriately marked in a secure location in the county courthouse or other county storage facility all ballots, ballot stubs, and certificates returned to it from the several precincts for a period of twenty (20) days, after which time the ballots and certificates shall be stored in a secure location in the county courthouse or other county storage facility for a period of two (2) years from the date of the election, unless the county board of election commissioners shall be sooner notified in writing that:

(1) The election of some person voted for at the election and declared to have been elected has been contested;

(2) Criminal prosecution has begun before a tribunal of competent jurisdiction against any officer of election or person voting thereat for any fraud in the election; or

(3) The results of the election will be audited by the State Board of Election Commissioners under § 7-4-121.

(b) If the county board of election commissioners is notified as provided in subsection (a) of this section, then so many of the ballots and certificates as may relate to matters involved in the contest or any prosecution shall be preserved for use as evidence in the contest or prosecution.

(c) During the time the ballots may be retained or stored, the package containing them shall not be opened by anyone unless:

(1) Directed to do so by some competent tribunal before which an election contest or prosecution is pending in which the ballots are to be used as evidence; or

(2) Upon written instruction signed by the Director of the State Board of Election Commissioners under § 7-4-121.

(d) For twenty (20) days, the county board of election commissioners shall retain the custody of ballot stubs in an appropriately marked, sealed container delivered to the county board of election commissioners from the several precincts, after which time they shall be stored in a secure location in the county courthouse or other county storage facility unless:

(1) An election contest has been filed;

(2) A criminal prosecution has been initiated in connection with the election; or

(3) Upon written instruction signed by the director under § 7-4-121.

(e) After a period of two (2) years, all marked ballots and ballot stubs may be destroyed in the following manner:

(1) The county board of election commissioners shall enter an order directing the destruction of marked ballots and ballot stubs;

(2) The county board of election commissioners shall make and retain a record of marked ballots and ballot stubs destroyed; and

(3) The county board of election commissioners shall file with the county clerk the order and record pertaining to marked ballots and ballot stubs destroyed.

History

Acts 1969, No. 465, Art. 8, § 2; A.S.A. 1947, § 3-802; Acts 1987, No. 492, § 1; 1997, No. 446, § 33; 2005, No. 953, § 1; 2005, No. 2233, § 47; 2009, No. 959, § 31; 2013, No. 236, § 2; 2017, No. 621, § 3; 2019, No. 888, §§ 3, 4.

7-5-703. Votes for United States Congress — Tie vote.

(a) It shall be the duty of the Secretary of State, in the presence of the Governor, within thirty (30) days after the time allowed to make returns of election by the county board of election commissioners, or sooner, if all the returns have been received, to cast up and arrange the votes from the several counties, or such of them as may have made returns, for each person voted for as United States Senator or United States Representative.

(b) The Governor shall immediately thereafter issue his or her proclamation declaring the person having the greatest number of legal votes to be duly elected to represent this state in the United States Senate or the United States House of Representatives and shall grant a certificate thereof, under the seal of the state, to the person so elected.

(c)

(1) Should any two (2) or more persons have an equal number of votes, and a higher number than any other person, the names of the two (2) candidates receiving the highest number of votes for United States Senator or United States Representative shall be certified to a special runoff election which shall be held four (4) weeks from the day on which the general election is held.

(2) The special runoff election shall be conducted in the same manner as is provided by law, and the election results shall be canvassed and certified in the manner provided by law.

History

Acts 1969, No. 465, Art. 8, §§ 3, 4; 1971, No. 261, §§ 15, 16; A.S.A. 1947, §§ 3-803, 3-804; Acts 1997, No. 446, § 34; 2017, No. 1104, § 3.

7-5-704. Votes for legislative, judicial, and executive officers — Tie vote.

(a) It shall be the duty of the Secretary of State, in the presence of the Governor, within thirty (30) days after the time allowed in this subchapter to make returns of elections by the county board of election commissioners, or sooner, if all the returns have been received, to cast up and arrange the votes from the several counties for each person who received votes for any legislative, judicial, or executive office, except the offices named in Arkansas Constitution, Article 6, § 3. The persons who have received the greatest number of legal votes for Justice of the Supreme Court and Commissioner of State Lands, within the state; judges of the Court of Appeals and of the circuit courts, and prosecuting attorneys, in their respective districts or circuits; judges of the county and probate courts, circuit clerk, county clerk, sheriff, coroner, surveyor, and assessor, in their respective counties; and all other officers required by law, shall be commissioned by the Governor.

(b)

(1) If two (2) or more persons have an equal number of votes for the same office and a higher number than any other person, the names of the two (2) candidates receiving the highest number of votes for any legislative or executive office, except those offices named in Arkansas Constitution, Article 6, § 3, and constables, shall be certified to a special runoff election which shall be held four (4) weeks from the day on which the general election is held.

(2) The special runoff election shall be conducted in the same manner as is now provided by law, and the election results thereof shall be canvassed and certified in the manner provided by law.

(c) Subsection (b) of this section shall not apply to the offices of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, or district judge.

History

Acts 1969, No. 465, Art. 8, §§ 5, 6; 1971, No. 261, §§ 17, 18; A.S.A. 1947, §§ 3-805, 3-806; Acts 1993, No. 512, § 4; 1997, No. 446, § 35; 2001, No. 1789, § 5; 2009, No. 959, § 32; 2017, No. 1104, § 4.

7-5-705. Votes for constitutional officers — Tie vote — Certificate of election.

(a) During the first week of the session after each election for Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, and Attorney General, and in the presence of both houses of the General Assembly, the Speaker of the House of Representatives shall open and publish the votes cast and given for each of the respective officers previously mentioned.

(b) The person having the greatest number of legal votes for each of the respective offices shall be declared duly elected thereto, but if two (2) or more shall be equal and highest in votes for the same office, one (1) of them shall be chosen by a joint vote of both houses of the General Assembly, and a majority of all the members elected shall be necessary to a choice.

(c) The President of the Senate and the Speaker of the House of Representatives shall make and deposit in the office of the Secretary of State a certificate declaring what person has been elected to any office named.

History

Acts 1969, No. 465, Art. 8, § 8; 1971, No. 261, § 19; A.S.A. 1947, § 3-808; Acts 1993, No. 512, § 5.

7-5-706. Presentation of list of legislators elected.

It shall be the duty of the Secretary of State, on the first day of each regular session of the General Assembly, to lay before each house a list of members elected in accordance with the returns in his or her office.

History

Acts 1969, No. 465, Art. 8, § 7; A.S.A. 1947, § 3-807.

7-5-707. Vote certification.

(a) For all state and federal elections, the county board of election commissioners shall transmit the certified results for each precinct to the Secretary of State through the election night reporting interface provided by the Secretary of State.

(b) The county board of election commissioners may, by agreement with the county clerk, transmit the certified results to the county clerk who shall transmit the certified results by precinct to the Secretary of State as described in subsection (a) of this section.

(c) The Secretary of State may require a county board of election commissioners to submit additional election information as determined by the Secretary of State.

History

Acts 2001, No. 1396, § 1; 2003, No. 131, § 2; 2003, No. 994, § 13; 2005, No. 67, § 14; 2007, No. 559, § 5; 2009, No. 959, § 33; 2011, No. 1238, § 1; 2013, No. 1058, § 2; 2013, No. 1126, § 7.

7-5-801. Right of action — Procedure.

(a) A right of action is conferred on any candidate to contest the certification of nomination or the certificate of vote as made by the appropriate officials in any election.

(b) The action shall be brought in the circuit court of the county in which the certification of nomination or certificate of vote is made when a county or city or township office, including the office of county delegate or county committee member, is involved, and except as provided in this subchapter, within any county in the circuit or district wherein any of the wrongful acts occurred when any circuit or district office is involved, and except as provided in this subchapter, in the Pulaski County Circuit Court when the office of United States Senator or any state office is involved.

(c) If there are two (2) or more counties in the district where the action is brought and when fraud is alleged in the complaint, answer, or cross-complaint, the circuit court may hear testimony in any county in the district.

(d) The complaint shall be verified by the affidavit of the contestant to the effect that he or she believes the statements to be true and shall be filed within twenty (20) days of the certification that is the subject of the complaint.

(e) The complaint shall be answered within twenty (20) days.

History

Acts 1969, No. 465, Art. 10, § 1; A.S.A. 1947, § 3-1001; Acts 2013, No. 1126, § 8.

7-5-802. Circuit court proceedings.

(a) If the complaint is sufficiently definite to make a prima facie case, unless the circuit court in which it is filed is in session or is to convene within thirty (30) days, the judge shall call a special term which shall possess the powers of a court convened in a regular term, and shall proceed at once to hear the case. The session of the special term to hear these cases shall not interfere with the validity of other courts proceeding at the same time in the circuit.

(b) If the case comes in regular term, it shall be given precedence and be speedily determined. The judge may adjourn other courts in order to hear these cases and may call another judge in exchange to sit in other courts or vacate the bench in other courts and cause a special judge to be elected to hold the court.

History

Acts 1969, No. 465, Art. 10, § 2; A.S.A. 1947, § 3-1002.

7-5-803. Special judges for additional contests.

(a) In the event that there are more election contests brought under this section than the circuit court judge can dispose of prior to ten (10) days before any election to be held, either of the parties to the contest may so report to the circuit judge in vacation or otherwise, who shall have full and complete authority to appoint an attorney with the qualifications of circuit judge to hear any contest and render a final judgment in such contest.

(b) The circuit judge shall appoint as special judge any attorney named by a committee of three (3) qualified electors of the county in which the contest is pending, one (1) to be named by the contestant, one (1) to be named by the contestee, and the third to be named by those two (2) committee members. In the event that the first two (2) committee members do not agree within five (5) days on the third member, then the third member shall be chosen by lot from the respective choices of the two committee members.

(c) All proceedings shall be conducted as in the case of any regular judge trying any such case, including the right of appeal. The judge so appointed shall have full power and authority in the trial of election contests in all respects as are now conferred by the Arkansas Constitution upon circuit judges in this state. The judgment rendered by the attorney so appointed shall be binding with full force and effect as if the regular circuit judge had heard the cause.

(d) In the appointment of the attorney, the circuit judge shall not be confined in the selection of the attorney to the judicial circuit in which the contest is pending. However, the hearing of the contest shall be had in the county in which the contest has been filed.

History

Acts 1969, No. 465, Art. 10, § 3; A.S.A. 1947, § 3-1003.

7-5-804. Trial — Appeal — Enforcement — Other laws superseded.

(a) The election contest shall be tried by the circuit judge in open court without a jury.

(b) An appeal may be taken from the judgment. However, the appeal shall not operate as a supersedeas by judicial order or otherwise and the judgment of the circuit court shall be obeyed by officeholders, political committees and their officers, and all election officials, until reversed. It shall be the duty of the Supreme Court to advance the hearing of any such appeal.

(c) The circuit court or, when necessary, the circuit judge in vacation shall enforce by mandamus to the officers of political parties and election officials, or both, or the Secretary of State the proper certification and proper ballot in accordance with the judgment of the court and shall punish the failure of any such officers to obey the mandamus by imprisonment in the county jail.

(d) Except as provided in this subchapter, all laws pertaining to general and special elections or rules of political organizations regarding primary elections providing for contest before political conventions or committees, other than the proceedings provided in this subchapter, shall be of no further force or effect.

History

Acts 1969, No. 465, Art. 10, § 4; A.S.A. 1947, § 3-1004; Acts 1997, No. 446, § 36.

7-5-805. Contest of state legislative offices.

(a) Any contest to the eligibility, qualifications, or election to serve as a member of the Senate shall be in accordance with the rules and procedures for election contests as established by that chamber under its governing rules.

(b)

(1)

(A) Any action to contest eligibility, qualification, or election to serve as a member of the House of Representatives shall be initiated by filing a complaint with the Arkansas State Claims Commission.

(B) This procedure shall apply to House of Representatives election contests pursuant to Arkansas Constitution, Article 5, § 11, to contests of eligibility pursuant to Arkansas Constitution, Article 5, § 9, and to actions for expulsion pursuant to Arkansas Constitution, Article 5, § 12, except that a member of the House of Representatives shall be automatically suspended from the legislative process if a representative under felony criminal indictment is subsequently found guilty or pleads guilty.

(C)

(i) If a representative under a felony criminal indictment in any federal or state court is subsequently found guilty or pleads guilty to the charges, then the Speaker of the House of Representatives shall immediately declare the representative suspended from the legislative process, and notification shall be given to the convicted representative, all members of the House of Representatives, the Chief Clerk of the House of Representatives, the Governor, the Secretary of State, and the Auditor of State.

(ii)

(a) However, if a representative who was found guilty appeals that conviction, then the representative may petition the House Management Committee for a stay of the suspension from the legislative process, and the House Management Committee may grant a stay upon the filing of the petition and a notice of appeal to the relevant appellate court.

(b) The stay of the suspension shall continue until the appeal is complete or until the House of Representatives takes final action on the conviction.

(D) A representative suspended from the legislative process shall not participate in interim committee meetings nor in extraordinary or regular sessions of the General Assembly and shall not accept per diem and mileage but shall be eligible to retain the title of office and salary as a member of the General Assembly and is authorized to assist constituents and utilize legislative staff until a final action is taken by the House of Representatives.

(2) For House of Representatives election contests, the complaint shall be filed within fifteen (15) days after the election returns are certified by the county board of election commissioners. A responsive pleading shall be filed by the House of Representatives contestee within fifteen (15) days after receipt of the complaint unless an earlier or later date is set by the commission for good cause shown. Upon receipt of the complaint, the commission shall establish a schedule for discovery and hearing, which schedule shall allow the commission to take and review evidence presented by the parties and submit a nonbinding recommendation to the House of Representatives no later than five (5) days before the date fixed for the assembling of the General Assembly.

(3) For eligibility contests for the House of Representatives pursuant to Arkansas Constitution, Article 5, § 9, a complaint shall be filed at any time after the election of the individual to a seat in the House of Representatives. For action for expulsion from the House of Representatives pursuant to Arkansas Constitution, Article 5, § 12, the complaint shall be filed at any time permitted by law. A responsive pleading shall be filed within twenty (20) days after receipt of the complaint unless an earlier or later date is set by the commission for good cause shown. The commission shall establish a schedule for discovery and hearing, which schedule shall allow the commission to take and review evidence presented by the parties and submit a nonbinding recommendation to the House of Representatives in a timely fashion.

(4) An additional copy of all complaints filed pursuant to this subsection shall be served on the Speaker of the House of Representatives. The Speaker of the House of Representatives shall appoint one (1) member of the chamber from each political party to serve as ex officio, nonvoting members of the commission for the consideration of all matters relating to the complaint.

(5) In those actions concerning a seat in the House of Representatives, the recommendation is to be made to the Speaker of the House of Representatives. The Speaker of the House of Representatives shall present the nonbinding recommendation to the members of the House of Representatives, and the members shall take such actions as they deem appropriate.

(6) The commission is authorized to promulgate any rules necessary to carry out the provisions set forth herein regarding contests for the seats in the House of Representatives.

History

Acts 1969, No. 465, Art. 10, § 8; A.S.A. 1947, § 3-1008; Acts 1991, No. 1014, § 1; 2001, No. 452, § 1; 2019, No. 315, § 420.

7-5-806. Contest of state constitutional executive offices.

(a) All contested general elections of Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, and Attorney General, except as provided in this section, shall be decided by the joint vote of both houses of the General Assembly, and in that joint meeting the President of the Senate shall preside.

(b) If, following any general election, any person contests any election covered by this section, he or she shall present his or her petition to the General Assembly, setting forth the points on which he or she will contest the election and the facts which he or she will prove in support of the points, and he or she shall pray for leave to introduce his or her proofs.

(c) A vote shall be taken by yeas and nays in each house as to whether the prayers shall be granted.

(d) If a majority of the whole number of votes of both houses shall be in the affirmative, they shall appoint a joint committee to take testimony on the part of the petitioner and also on the part of the person whose place is contested. The committee shall have power to send for witnesses and to issue warrants under the hand of the chair to any judge or justice of the peace to take the deposition of witnesses at such time and place as the warrant shall direct. The points to which the testimony is to be taken shall be set forth in the warrants.

(e) Reasonable notice shall be given by the party in whose favor depositions shall be allowed to be taken to the opposite party of the time and place of taking the depositions. The judge or justice shall proceed in all things, in the attendance of witnesses and in taking and certifying the testimony, as is directed in the preceding section.

(f) The party shall also be allowed to attend the examination of witnesses before the committee and to cross-examine them, but no testimony shall be taken except in relation to the points set forth in the petition.

(g) The committee shall report the facts to the two (2) houses, and the day shall be fixed by a joint resolution for the meeting of the two (2) houses to decide the contest, on which decision the yeas and nays shall be taken and entered on the journal of each house.

History

Acts 1969, No. 465, Art. 10, § 9; A.S.A. 1947, § 3-1009; Acts 1993, No. 512, § 6.

7-5-807. Election illegalities — Complaint — Grand jury investigation — Indictment — Trial.

(a) If ten (10) reputable citizens of any county shall file a complaint with the circuit judge within twenty (20) days after any election alleging that illegal or fraudulent votes were cast, that fraudulent returns or certifications were made, or that the Political Practices Act was violated, the circuit judge, if in his or her opinion there is good ground to believe the charges to be true, shall convene a special term at once unless the regular term is in session or will convene within thirty (30) days.

(b) If the charges come in a regular term, the judge shall specially charge the grand jury as to them.

(c) Should a special term be called, it shall in all respects be as if convened by law. The circuit judge shall cause to be summoned grand and petit jurors, either on lists selected by the sheriff or by disinterested persons selected by him or her for that purpose, according to his or her opinion as to the best method to select unbiased jurors.

(d) Should indictments be returned, either at a special or regular term, for violating the general, primary, or special election laws, the defendants shall be given a speedy trial at the term, and the court may adjourn terms of other courts in order that they may be tried, unless for good cause shown or in the interests of justice a continuance or change of venue is granted. No change of venue shall be granted in such cases except after a hearing and a finding by the court that the defendant cannot obtain a fair and impartial trial in the district of the county where the indictment is pending.

History

Acts 1969, No. 465, Art. 10, § 5; A.S.A. 1947, § 3-1005; Acts 2017, No. 600, § 2.

7-5-808. Finding of guilt — Effect.

(a) Should it be proved to the satisfaction of the trial judge, in cases instituted under this subchapter, that a successful candidate has been guilty of violating the Political Practices Act or any of the laws regulating general, primary, or special elections, the circuit court shall enter the finding as a part of the judgment, irrespective of the determination of the issues in other suits filed under this subchapter or the verdict of the jury in a criminal prosecution.

(b) The judgment to that effect shall operate to deprive the candidate of the nomination, and the vacancy shall be filled in the manner provided by law.

History

Acts 1969, No. 465, Art. 10, § 6; A.S.A. 1947, § 3-1006.

7-5-809. Determination of guilt after election — Effect.

(a) Should a proceeding under previous sections of this subchapter or a criminal prosecution under the criminal penalties imposed in this act not be determined finally until after the election, if the defendant in the proceeding is elected to the office or is the nominee of a political party to the office, and if it is determined that he or she was not entitled to be elected or to the nomination or that the judgment contains a finding that he or she violated the Political Practices Act or any of the laws applicable to general, primary, or special elections, then the judgment shall operate as a forfeiture of nomination or ouster from office.

(b) The vacancy shall be filled as provided by law for filling vacancies in nominations or office in case of death or resignation.

History

Acts 1969, No. 465, Art. 10, § 7; A.S.A. 1947, § 3-1007.

7-5-810. Contest of election results — Time for appeal.

An appeal to contest the determination of any election in any court of this state must be filed within seven (7) calendar days of the final certification of the election result as announced by a court as authorized by this subchapter, except in instances in which the Arkansas Constitution establishes a time frame for filing an appeal.

History

Acts 1993, No. 514, § 1; 1997, No. 446, § 37.

7-5-902. Uncounted votes.

(a) If for any reason a vote, including an absentee vote and a provisional vote, is not counted under this chapter, the county board of election commissioners shall promptly notify the person who cast the vote.

(b) Notification under subsection (a) of this section shall be written notification and shall state the reason or reasons the vote was not counted.

History

Acts 2017, No. 1014, § 1.

7-5-903. Voter notification.

(a) Except as otherwise provided under federal law and Arkansas Constitution, Amendment 51, the county clerk shall send written notification to a person when:

(1) A person registers to vote for the first time;

(2) The voter registration of a person becomes inactive; and

(3) A person is removed or purged from a voter registration list.

(b) If a person is removed or purged from a voter registration list under subdivision (a)(3) of this section, he or she has thirty (30) days to challenge the removal.

History

Acts 2017, No. 1014, § 1.

7-5-904. Election commissioners.

(a) A member of the State Board of Election Commissioners or a county board of election commissioners shall not serve as a poll worker or a poll watcher on behalf of an individual candidate, political party, or ballot initiative.

(b) A person shall not simultaneously serve on the State Board of Election Commissioners and a county board of election commissioners.

History

Acts 2017, No. 1014, § 1.

7-5-905. Documentation for long-term care or residential care facility residents.

(a) The documentation required to be submitted by a person who is a resident of a long-term care facility or residential care facility licensed by the state under this chapter shall be standardized.

(b) The Secretary of State's office shall develop, adopt, and make available a standardized form to satisfy the requirements under law concerning the documentation under subsection (a) of this section.

History

Acts 2017, No. 1014, § 1.

7-5-906. Provisional and rejected ballot reporting.

(a) A county board of election commissioners shall prepare a report of provisional and rejected ballots cast in the county for each election.

(b) The report of provisional and rejected ballots cast for each election shall include:

(1) The total number of:

(A) Provisional ballots;

(B) Absentee provisional ballots;

(C) In-person provisional ballots cast during early voting;

(D) In-person provisional ballots cast on election day; and

(E) Rejected ballots;

(2) The reason each ballot was rejected or provisional;

(3) The number of provisional ballots counted in the election results;

(4) The total number of provisional ballots not counted in the election, including:

(A) The total number of provisional ballots not counted by the reason it was not counted; and

(B) The total number of provisional ballots not counted by the method the provisional ballot was cast, including if the provisional ballot was:

(i) An absentee ballot;

(ii) Cast during early voting; or

(iii) Cast on election day; and

(5) The total number of rejected ballots other than provisional ballots, including:

(A) The total number of rejected ballots by the reason they were rejected; and

(B) The total number of rejected ballots by the method the rejected ballot was cast, including if the rejected ballot was:

(i) An absentee ballot;

(ii) Cast during early voting; or

(iii) Cast on election day.

(c) The report of provisional ballots and rejected ballots cast for each election shall be submitted by the county board of election commissioners to the State Board of Election Commissioners within thirty (30) days of every election.

(d) The county board of election commissioners may, by agreement with the county clerk, transmit the report of provisional and rejected ballots to the county clerk who shall transmit the information to the State Board of Election Commissioners.

(e) Within sixty (60) days of each election, the State Board of Election Commissioners shall:

(1) Compile information reported by the county boards of election commissioners under this section; and

(2) Make the reports publicly available.

History

Acts 2021, No. 1022, § 1.

7-6-101. Campaign services contract — Right of action.

No action shall be brought to charge any person upon any contract, promise, or agreement for any service rendered to or for him or her as a candidate in any election in this state or in aid of his or her campaign for the nomination to any office in this state unless the agreement, promise, or contract, upon which said action shall be brought, or some memorandum or note thereof, shall be made in writing and signed by the party to be charged therewith, or signed by some other person by him or her thereunto properly authorized in writing.

History

Acts 1969, No. 465, Art. 11, § 1; A.S.A. 1947, § 3-1101.

7-6-102. Political practices pledge — Penalty for falsification.

(a)

(1) Candidates for political party nominations for state or district offices shall file with the Secretary of State and candidates for county, municipal, or township offices shall file with the county clerk of the county during the filing period set out in § 7-7-203 for the preferential primary election a pledge in writing stating that they are familiar with the requirements of §§ 7-1-103, 7-1-104, 7-3-108, 7-6-101, 7-6-103, 7-6-104, and this section and will comply in good faith with their terms.

(2) An independent candidate or school district candidate shall file the political practices pledge at the time of filing the petition for nomination.

(3) Independent candidates for municipal office shall file the political practices pledge with the county clerk at the time of filing the petition for nomination.

(4) Write-in candidates shall file the political practices pledge at the time of filing the notice to be a write-in candidate.

(5) A nonpartisan candidate paying filing fees in accordance with § 7-10-103(b) shall file the political practices pledge at the time of filing for office.

(6) A nonpartisan candidate filing by petition according to § 7-10-103(c) shall file the political practices pledge at the time of filing the petition.

(b) All political practices pledge forms for state or district offices and county, municipal, or township offices shall contain the following additional pledge:

“I hereby certify that I have never been convicted of a felony in Arkansas or in any other jurisdiction outside of Arkansas.”

(c) Any person who has been convicted of a felony and signs the pledge stating that he or she has not been convicted of a felony shall be guilty of a Class D felony.

(d) For purposes of this section, a person shall be qualified to be a candidate for a state, district, county, municipal, and township office and may certify that he or she has never been convicted of a felony if his or her record was expunged in accordance with §§ 16-93-301 — 16-93-303, or a similar expunction statute in another state if the candidate presents a certificate of expunction from the court that convicted the candidate.

(e)

(1) The name of a candidate who fails to sign and file the pledge shall not appear on the ballot.

(2)

(A) Within two (2) days of the date the pledge is required to be filed, the Secretary of State or the county clerk shall notify by certified mail that requires a return receipt signed by the candidate those candidates who have failed to file a signed political practice pledge and include a copy of the written pledge required by this section.

(B) Failure of the state or district candidate to file with the Secretary of State or of the county, municipal, or township candidate to file with the county clerk within five (5) days of receipt or refusal of this notice shall prevent the candidate's name from appearing on the ballot.

History

Acts 1969, No. 465, Art. 11, § 3; 1970 (1st Ex. Sess.), No. 27, § 1; 1972 (1st Ex. Sess.), No. 37, § 3; 1972 (1st Ex. Sess.), No. 42, § 3; 1983, No. 244, § 1; A.S.A. 1947, §§ 3-1103, 3-1103.1; Acts 1987, No. 248, § 10; 1989, No. 755, § 1; 1989, No. 912, § 3; 1995, No. 665, § 2; 1997, No. 886, § 1; 2003, No. 542, § 1; 2003, No. 1731, § 2; 2005, No. 67, § 15; 2007, No. 222, § 1; 2007, No. 1049, § 20; 2013, No. 1110, § 6.

7-6-103. Campaign participation by judges — Penalty — Definition.

(a) It shall be unlawful for any judge of the district or circuit courts and any Justice of the Supreme Court or Judge of the Court of Appeals to participate in the campaign of any candidate for office at any election, other than his or her own.

(b) The word “participation”, as used in this section, shall mean the managing of another's campaign or any solicitation on his or her behalf.

(c) Participation shall be deemed to be misfeasance and malfeasance in office and shall subject the judge to impeachment therefor.

History

Acts 1969, No. 465, Art. 11, § 6; A.S.A. 1947, § 3-1106; Acts 2005, No. 1994, § 261.

7-6-104. Defamatory political broadcasts.

Neither the owner, licensee, nor operator of a visual or sound radio broadcasting station or network of stations nor his or her agents or employees shall be liable for any damages for any defamatory statement published or uttered in, or as a part of, a visual or sound broadcast by a candidate for political office in those instances in which, under the acts of Congress or the rules and regulations of the Federal Communications Commission, the broadcasting station or network is prohibited from censoring the script of the broadcast.

History

Acts 1969, No. 465, Art. 11, § 8; A.S.A. 1947, § 3-1108.

7-6-105. Use of sound equipment — Penalty for interference.

(a) When any citizen of Arkansas becomes a candidate in any primary or general election and complies with all the laws pertaining thereto, then the candidate shall be entitled to go into any city, town, municipality, or rural community in Arkansas and operate his or her acoustical or sound equipment between the hours of 8:00 a.m. and 9:00 p.m. notwithstanding any town or city ordinance to the contrary.

(b) Any person who interferes in any manner with the right granted in this section shall be guilty of a Class B misdemeanor.

History

Acts 1969, No. 465, Art. 13, §§ 1, 2; A.S.A. 1947, §§ 3-1301, 3-1302; Acts 2005, No. 1994, § 394.

7-6-201. Definitions.

As used in this subchapter:

(1)

(A) “Approved political action committee” means any person that:

(i) Receives contributions from one (1) or more persons in order to make contributions to candidates, ballot question committees, legislative question committees, political parties, county political party committees, or other political action committees;

(ii) Does not accept any contribution or cumulative contributions in excess of five thousand dollars ($5,000) from any person in any calendar year; and

(iii) Registers pursuant to § 7-6-215 prior to making contributions.

(B) “Approved political action committee” does not include an organized political party as defined in § 7-1-101, a county political party committee, the candidate's own campaign committee, an exploratory committee, or a ballot question committee or legislative question committee as defined in § 7-9-402;

(2) “Candidate” means any individual who has knowingly and willingly taken affirmative action, including solicitation of funds, for the purpose of seeking nomination for or election to any public office;

(3) [Repealed.]

(4)

(A) “Contribution” means, whether direct or indirect, advances, deposits, or transfers of funds, contracts, or obligations, whether or not legally enforceable, payments, gifts, subscriptions, assessments, payment for services, dues, advancements, forbearance, loans, or pledges or promises of money or anything of value, whether or not legally enforceable, to a candidate, committee, or holder of elective office made for the purpose of influencing the nomination or election of any candidate.

(B)

(i) “Contribution” includes the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events; the granting of discounts or rebates by television and radio stations and newspapers not extended on an equal basis to all candidates for the same office; and any payments for the services of any person serving as an agent of a candidate or committee by a person other than the candidate or committee or persons whose expenditures the candidates or committee must report under this subchapter.

(ii) “Contribution” further includes any transfer of anything of value received by a committee from another committee.

(C) “Contribution” shall not include noncompensated, nonreimbursed, volunteer personal services or travel;

(5) “Contribution and expenditure” shall not include activity sponsored and funded by a political party that meets the definition of a political party under § 7-1-101 or a political party that meets the requirements of § 7-7-205 to promote its candidates or nominees through events such as dinners, luncheons, rallies, or similar gatherings and shall not include nonpartisan activity designed to encourage individuals to register to vote or to vote or any communication by any membership organization to its members or stockholders if the membership organization or corporation is not organized primarily for the purpose of influencing the nomination for election or election of any candidate;

(6) “County political party committee” means a person that:

(A) Is organized at the county level for the purpose of supporting its affiliate party and making contributions;

(B) Is recognized by an organized political party, as defined in § 7-1-101, as being affiliated with that political party;

(C) Receives contributions from one (1) or more persons in order to make contributions to candidates, ballot question committees, legislative question committees, political parties, political action committees, or other county political party committees;

(D) Does not accept any contribution or cumulative contributions in excess of five thousand dollars ($5,000) from any person in any calendar year; and

(E) Registers pursuant to § 7-6-226 prior to making contributions;

(7) “Election” means each election held to nominate or elect a candidate to any public office, including school elections. For the purposes of this subchapter, a preferential primary, a general primary, a special election, and a general election shall each constitute a separate election;

(8) “Expenditure” means a purchase, payment, distribution, gift, loan, or advance of money or anything of value, and a contract, promise, or agreement to make an expenditure, made for the purpose of influencing the nomination or election of any candidate;

(9)

(A) “Exploratory committee” means a person that receives contributions which are held to be transferred to the campaign of a single candidate in an election.

(B) “Exploratory committee” shall not include:

(i) A political party:

(a) That meets the definition of a political party under § 7-1-101; or

(b) A political party that meets the requirements of § 7-7-205; or

(ii) The candidate's own campaign committee;

(10) “Financial institution” means any commercial bank, savings and loan, mutual savings bank or savings bank, insurance company brokerage house, or any corporation that is in the business of lending money and that is subject to state or federal regulation;

(11) “Independent expenditure” means an expenditure which is not a contribution and:

(A) Expressly advocates the election or defeat of a clearly identified candidate for office;

(B) Is made without arrangement, cooperation, or consultation between a candidate or an authorized committee or agent of the candidate and the person making the expenditure or an authorized agent of that person; and

(C) Is not made in concert with or at the request or suggestion of a candidate or an authorized committee or agent of the candidate;

(12) “Independent expenditure committee” means any person that receives contributions from one (1) or more persons in order to make an independent expenditure and is registered pursuant to § 7-6-227 prior to making expenditures;

(13)

(A) “Legislative caucus committee” means a person that is composed exclusively of members of the General Assembly, that elects or appoints officers and recognizes identified legislators as members of the organization, and that exists for research and other support of policy development and interests that the membership hold in common.

(B) “Legislative caucus committee” includes, but is not limited to, a political party caucus of the General Assembly, the Senate, or the House of Representatives.

(C) An organization whose only nonlegislator member is the Lieutenant Governor or the Governor is a “legislative caucus committee” for the purposes of this subchapter;

(14)

(A) “Person” means any individual, proprietorship, firm, partnership, joint venture, syndicate, labor union, business trust, company, corporation, association, committee, or any other organization or group of persons acting in concert.

(B) “Person” shall also include:

(i) A political party that meets the definition of a political party under § 7-1-101 or a political party that meets the requirements of § 7-7-205;

(ii) A county political party committee; and

(iii) A legislative caucus committee;

(15)

(A) “Prohibited political action committee” means any person that receives contributions from one (1) or more persons in order to make contributions to candidates, ballot question committees, legislative question committees, political parties, county political party committees, or other political action committees but that does not meet the requirements of an approved political action committee.

(B) “Prohibited political action committee” shall not include:

(i) A political party that meets the definition of a political party under § 7-1-101 or a political party that meets the requirements of § 7-7-205;

(ii) The candidate's own campaign committee;

(iii) A county political party committee;

(iv) An exploratory committee; or

(v) A ballot or legislative question committee;

(16) “Public office” means any office created by or under authority of the laws of the State of Arkansas or of a subdivision thereof that is filled by the voters, except a federal office;

(17)

(A) “Remaining campaign funds” means any balance of campaign funds over expenses incurred as of the day of the election except for:

(i) Any funds required to repay loans made by the candidate from his or her personal funds to the campaign; or

(ii) To repay loans made by financial institutions to the candidate and applied to the campaign.

(B) “Remaining campaign funds” does not include campaign signs, campaign literature, and other printed campaign materials that were:

(i) Purchased by the campaign;

(ii) Reported on the appropriate contribution and expenditure report for the campaign at the time of the purchase; and

(iii) Retained for use in a future campaign by the same candidate; and

(18)

(A) “Written instrument” means a check on which the contributor is directly liable or which is written on a personal account, trust account, partnership account, business account, or other account that contains the contributor's funds.

(B) As used in § 7-6-204 in the case of a contribution by credit card or debit card, “written instrument” includes without limitation:

(i) A paper record signed by the cardholder, provided that the paper record contains the following information for the cardholder at the time of making the contribution:

(a) Valid name;

(b) Complete address;

(c) Place of business;

(d) Employer; and

(e) Occupation; or

(ii) In the case of a contribution made through the internet, an electronic record created and transmitted by the cardholder, provided that the electronic record contains the following information for the cardholder at the time of making the contribution:

(a) Valid name;

(b) Complete address;

(c) Place of business;

(d) Employer; and

(e) Occupation.

History

Acts 1975, No. 788, § 1; 1977, No. 312, §§ 4, 7; A.S.A. 1947, § 3-1109; Acts 1987, No. 246, § 1; Init. Meas. 1990, No. 1, § 1; Acts 1993, No. 1209, § 2; Init. Meas. 1996, No. 1, § 1; Acts 1997, No. 491, § 1; 1999, No. 553, § 2; 2003, No. 195, § 1; 2005, No. 1284, § 2; 2005, No. 2006, § 1; 2009, No. 473, § 2; 2009, No. 1204, § 1; 2011, No. 721, § 2; 2013, No. 1126, §§ 9, 10; 2015, No. 1280, §§ 3, 4; 2021, No. 272, § 1; 2021, No. 737, §§ 1, 2.

7-6-202. Penalties.

A person who knowingly fails to comply with this subchapter shall upon conviction be guilty of a Class A misdemeanor unless a different penalty applies under this subchapter.

History

Acts 1975, No. 788, § 10; A.S.A. 1947, § 3-1118; Acts 2005, No. 1994, § 224; 2013, No. 1126, § 11; 2019, No. 879, § 1.

7-6-203. Contributions — Limitations — Acceptance or solicitation — Use as personal income — Disposition. [Effective until January 1, 2023.]

(a)

(1)

(A) It shall be unlawful for any candidate for any public office or for any person acting on the candidate's behalf to accept campaign contributions in excess of the maximum campaign contribution level established by rule of the Arkansas Ethics Commission under subsection (i) of this section per election from:

(i) An individual;

(ii) A political party that meets the definition of a political party under § 7-1-101;

(iii) A political party that meets the requirements of § 7-7-205;

(iv) A county political party committee;

(v) A legislative caucus committee; or

(vi) An approved political action committee.

(B) It shall be unlawful for a candidate for a public office or for any person acting on the candidate's behalf to accept a campaign contribution from a prospective contributor other than those under subdivisions (a)(1)(A)(i)-(vi) of this section.

(2) A candidate may accept a campaign contribution or contributions up to the maximum amount from any prospective contributor under subdivisions (a)(1)(A)(i)-(vi) of this section for each election, whether opposed or unopposed.

(b)

(1) It shall be unlawful for any person to make a contribution to a candidate for any public office or to any person acting on the candidate's behalf, which in the aggregate exceeds the maximum campaign contribution level established by rule of the Arkansas Ethics Commission per election.

(2) A person permitted to make a contribution or contributions under subdivisions (a)(1)(A)(i)-(vi) of this section may make a contribution or contributions up to the maximum amount to a candidate for each election, whether opposed or unopposed.

(c) The limitation shall not apply to loans made by a candidate from his or her own personal funds to the campaign, contributions made by a candidate from his or her personal funds to the campaign, or to personal loans made by financial institutions to the candidate and applied to his or her campaign.

(d)

(1) It shall be unlawful for any candidate for any public office or any person acting in the candidate's behalf to accept any contribution from a prohibited political action committee for any election.

(2) It shall be unlawful for any prohibited political action committee to make a contribution to a candidate for public office in an election.

(3) It shall be unlawful for any ballot question committee, legislative question committee, political party, county political party committee, or approved political action committee to accept any contribution from a prohibited political action committee.

(4) It shall be unlawful for any prohibited political action committee to make a contribution to:

(A) A ballot question committee;

(B) A legislative question committee;

(C) A political party;

(D) A county political party committee;

(E) An approved political action committee; or

(F) A prohibited political action committee.

(e) [Repealed.]

(f)

(1) A candidate shall not take any campaign funds as personal income.

(2) A candidate shall not take any campaign funds as income for his or her spouse or dependent children, except that:

(A) This subsection shall not prohibit a candidate who has an opponent from employing his or her spouse or dependent children as campaign workers;

(B) The use of campaign funds to pay a candidate's childcare expenses shall not be considered a taking of campaign funds as personal income if the campaign funds are used to pay for childcare for the time the candidate is engaging in campaign activity and the childcare expenses would not exist in the absence of the campaign; and

(C) Any candidate who has an opponent and who, during the campaign and before the election, takes a leave of absence without pay from his or her primary place of employment shall be authorized to take campaign funds during the campaign and before the election as personal income up to the amount of employment income lost as a result of the leave of absence.

(3) A candidate who takes campaign funds during the campaign and before the election under a leave of absence pursuant to the provisions of subdivision (f)(2) of this section may elect to treat the campaign funds as a loan from the campaign fund to the candidate to be paid back to the campaign fund by the candidate.

(4)

(A)

(i) For purposes of this subsection, a candidate or officeholder, who uses campaign funds to fulfill any commitment, obligation, or expense that would exist regardless of the candidate's campaign or officeholder activity, shall be deemed to have taken campaign funds as personal income.

(ii) Candidates or officeholders may use campaign funds to fulfill any commitment, obligation, or expense authorized by law, or permitted by an Arkansas Ethics Commission rule or opinion at the time of the expenditure, or reasonably and legitimately related to a campaign or officeholder activity.

(iii) If a candidate or officeholder is assessed a fine by the Arkansas Ethics Commission under § 7-6-218(b)(4)(B) for the use of campaign funds as personal income, a candidate or officeholder shall not use campaign funds or carryover funds to pay the fine.

(B) The use of campaign funds to purchase a cake or other perishable item of food at a fund-raising event held by a volunteer agency, as defined in § 16-6-103, shall not be considered a taking of campaign funds as personal income.

(C) The use of campaign funds to purchase advertising prior to the date the final report is due to be filed thanking voters for their support shall not be considered a taking of campaign funds as personal income.

(D) The use of campaign funds to pay a candidate's own personal expenses for food, lodging, or travel to attend a national presidential nominating convention shall not be considered a taking of campaign funds as personal income.

(5) If a candidate loses an election or if an officeholder is no longer in office, personal use of campaign funds remains prohibited by this section unless the expenses relate to a future candidacy and shall comply with subdivision (f)(4) of this section.

(6) Knowingly taking campaign funds as personal income is a:

(A) Class B felony if the value of the benefit is twenty-five thousand dollars ($25,000) or more;

(B) Class C felony if the value of the benefit is five thousand dollars ($5,000) or more but less than twenty-five thousand dollars ($25,000);

(C) Class D felony if the value of the benefit is two thousand five hundred dollars ($2,500) or more but less than five thousand dollars ($5,000); or

(D) Class A misdemeanor if the value of the benefit is less than two thousand five hundred dollars ($2,500).

(7) It is an affirmative defense to a prosecution for taking campaign funds as personal income if the candidate or officeholder shows by a preponderance of the evidence that the personal property was retained as campaign funds, and the candidate or officeholder:

(A) Reported the personal property as campaign funds; and

(B) Retained or disposed of the personal property in the manner that is required by law for campaign funds.

(g)

(1) A candidate may turn over campaign funds to either:

(A) The Treasurer of State for the benefit of the General Revenue Fund Account of the State Apportionment Fund;

(B) A political party as defined in § 7-1-101 or a political party caucus of the General Assembly, the Senate, or the House of Representatives;

(C) A nonprofit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code;

(D) Cities of the first class, cities of the second class, or incorporated towns; or

(E) The contributors to the candidate's campaign.

(2)

(A) Remaining campaign funds may be maintained after an election and used to run for election or reelection.

(B) Nothing shall prohibit a person at any time from disposing of all or any portion of his or her campaign funds in the manner set out under subdivision (g)(1) of this section. However, the candidate shall not take the funds as personal income or as income for his or her spouse or dependent children.

(C)

(i) Campaign funds may be retained by a person for not more than ten (10) years after the last election at which he or she was a candidate, or if applicable, not more than ten (10) years after the last day that the person held office, and any remaining campaign funds shall be disposed of in the manner set out under subdivision (g)(1) of this section.

(ii)

(a) The officer with whom the person last filed a final campaign report shall provide the person timely notice of the requirements of this subdivision (g)(2)(C) prior to the expiration of the ten-year period.

(b) However, failure to provide the notice does not relieve the person of his or her obligation under this subsection.

(D)

(i) The use of campaign funds to pay an elected candidate's own personal expenses for food, lodging, conference fees, or travel to attend a conference related to the performance of his or her responsibilities as an elected official shall not be considered a taking of campaign funds as personal income.

(ii) The reimbursement of expenses shall be a result of travel and the source of the reimbursement shall be authorized under the rules of the House of Representatives or the Senate and used to reimburse the campaign account.

(iii) The reimbursement amount shall be reported in the elected candidate's campaign fund report.

(E) If a candidate or officeholder uses campaign funds or carryover funds to pay a fine imposed by the Arkansas Ethics Commission under § 7-6-218(b)(4)(B) for the use of campaign funds as personal income, the candidate or officeholder shall be deemed to have taken campaign funds as personal income.

(3) After the date of an election at which the person is a candidate for nomination or election, the person shall not accept campaign contributions for that election except for the sole purpose of raising funds to retire campaign debt.

(4) Campaign funds or remaining campaign funds given to a political party caucus shall be segregated in an account separated from other caucus funds and shall not be used:

(A) By the political party caucus to make a campaign contribution; or

(B) To provide any personal income to any candidate who donated campaign funds or remaining campaign funds.

(h) A candidate may maintain his or her campaign funds in one (1) or more campaign accounts. Campaign funds shall not be placed in an account containing personal or business funds.

(i) The Arkansas Ethics Commission shall establish the maximum campaign contribution limit by rule as follows:

(1) The adjusted campaign contribution limit shall be calculated from a base amount of two thousand dollars ($2,000) as of January 1, 2015;

(2) The contribution limits shall be adjusted at the beginning of each odd-numbered year in an amount equal to the percentage certified to the Federal Election Commission by the United States Bureau of Labor Statistics under 52 U.S.C. § 30116(c) as existing on January 1, 2015;

(3) If the amount after adjustment under subdivision (i)(2) of this section is not a multiple of one hundred dollars ($100), the Arkansas Ethics Commission shall round the amount to the nearest multiple of one hundred dollars ($100); and

(4) The Arkansas Ethics Commission shall promulgate rules identifying the adjusted contribution limit under this subsection.

History

Acts 1975, No. 788, § 2; 1977, No. 312, § 6; 1981, No. 690, § 1; A.S.A. 1947, § 3-1110; Init. Meas. 1990, No. 1, §§ 2, 3; Acts 1993, No. 1195, § 1; 1993, No. 1196, § 1; 1995, No. 863, §§ 1-3; 1995, No. 1296, § 41; Init. Meas. 1996, No. 1, §§ 2, 3; Acts 1997, No. 116, § 1; 1997, No. 491, §§ 2, 3; 1999, No. 553, § 3; 1999, No. 1057, § 1; 2001, No. 954, § 1; 2001, No. 1839, § 2; 2003, No. 195, §§ 2, 3; 2003, No. 248, § 1; 2005, No. 1284, §§ 3, 4; 2005, No. 1413, § 1; 2005, No. 1695, § 1; 2007, No. 221, § 2; 2009, No. 340, § 1; 2009, No. 473, §§ 3, 4; 2009, No. 1204, § 2; 2011, No. 721, §§ 3, 4; 2013, No. 382, § 1; 2013, No. 1110, § 7; 2015, No. 142, § 1; 2015, No. 1280, §§ 5-7; 2017, No. 318, § 1; 2019, No. 240, § 1; 2019, No. 845, § 1; 2019, No. 879, § 2; 2021, No. 254, §§ 1, 2; 2021, No. 324, §§ 1, 2; 2021, No. 384, §§ 1-3; 2021, No. 734, § 1; 2021, No. 737, §§ 3-6.

7-6-203. Contributions — Limitations — Acceptance or solicitation — Use as personal income — Disposition. [Effective January 1, 2023.]

(a)

(1)

(i) An individual;

(ii) A political party that meets the definition of a political party under § 7-1-101;

(iii) A political party that meets the requirements of § 7-7-205;

(iv) A county political party committee;

(v) A legislative caucus committee; or

(vi) An approved political action committee.

(b)

(1)

(A) It shall be unlawful for any person to make a contribution to a candidate for any public office or to any person acting on the candidate's behalf, which in the total aggregate amount exceeds two thousand seven hundred dollars ($2,700) per election.

(B) The total aggregate amount per election is based on the total contributions made to a candidate by a donor during an election regardless of which office or offices the candidate is seeking, and the aggregate amount during an election applies even if a candidate:

(i) Seeks more than one (1) office during the election; or

(ii) Concludes a campaign or otherwise withdraws from the election.