Ark. Code Ann. § 7-1-103 — AR Code / Title 7 / Chapter 1 / Section 7-1-103
Miscellaneous misdemeanor offenses - Penalties - Definitions
Status: in_force

(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. Amended by Act 2021, No. 974,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 728,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 416,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 533,§ 1, eff. 7/24/2019. Amended by Act 2013, No. 312,§ 1, eff. 8/16/2013. Acts 1969, No. 465, Art. 11, § 4; 1970 (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.

(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.

(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;

(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.

(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 ;

(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 ;

(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;

(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.

(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;

(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.

(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 ;

(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.

(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.

(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 ;

(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.

(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 ;

(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;

(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;

(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.

(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.

(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.

(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.

Amended by Act 2021, No. 974,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 728,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 416,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 533,§ 1, eff. 7/24/2019.

Amended by Act 2013, No. 312,§ 1, eff. 8/16/2013.

Acts 1969, No. 465, Art. 11, § 4; 1970 (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.
Ark. Code Ann. § 7-5-615 — AR Code / Title 7 / Chapter 5 / Subchapter 6 / Section 7-5-615
Tabulation of votes - Defective ballots - Certification of returns
Status: in_force

(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) (1) 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. (2) When duplicating a ballot, and in the presence of another election official and designated poll watchers, if any, an election official shall: (A) Reproduce the selections of the voter on a second ballot that is the same ballot style as the ballot cast by the voter; (B) Stamp or write the word "duplicate" on the duplicated ballot; (C) Stamp or write the word "original" on the original damaged or defective ballot; (D) Label both the original damaged or defective ballot and the duplicate ballot with the same unique serial number; (E) Substitute the duplicated ballot for the original damaged or defective ballot; (F) Count the duplicated ballots in the same manner as other ballots in that election; and (G) Secure and separately store the original damaged or defective ballots in the same manner as other ballots in that election. (3) The duplication of a damaged or defective ballot counted at the central counting facility shall be conducted by an election official at the same time and location that ballots with no defects are counted. (4) The duplication of a damaged or defective ballot cast at a polling site shall be delivered securely to the county board of election commissioners to be duplicated by election officials or added to the precinct's count manually on the night of the election. (5) An election official under subdivision (d)(2) of this section shall maintain a recorded count of damaged ballots to be duplicated in the presence of authorized poll watchers, if any, and provide the report to the county board of election commissioners. (e) The return printed by the electronic vote tabulating device, to which the return of write-in, early, and absentee votes have been added, 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. Amended by Act 2023, No. 460,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 444,§ 6, eff. 8/1/2023. 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.

(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) (1) 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. (2) When duplicating a ballot, and in the presence of another election official and designated poll watchers, if any, an election official shall: (A) Reproduce the selections of the voter on a second ballot that is the same ballot style as the ballot cast by the voter; (B) Stamp or write the word "duplicate" on the duplicated ballot; (C) Stamp or write the word "original" on the original damaged or defective ballot; (D) Label both the original damaged or defective ballot and the duplicate ballot with the same unique serial number; (E) Substitute the duplicated ballot for the original damaged or defective ballot; (F) Count the duplicated ballots in the same manner as other ballots in that election; and (G) Secure and separately store the original damaged or defective ballots in the same manner as other ballots in that election. (3) The duplication of a damaged or defective ballot counted at the central counting facility shall be conducted by an election official at the same time and location that ballots with no defects are counted. (4) The duplication of a damaged or defective ballot cast at a polling site shall be delivered securely to the county board of election commissioners to be duplicated by election officials or added to the precinct's count manually on the night of the election. (5) An election official under subdivision (d)(2) of this section shall maintain a recorded count of damaged ballots to be duplicated in the presence of authorized poll watchers, if any, and provide the report to the county board of election commissioners.

(1) 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.

(2) When duplicating a ballot, and in the presence of another election official and designated poll watchers, if any, an election official shall: (A) Reproduce the selections of the voter on a second ballot that is the same ballot style as the ballot cast by the voter; (B) Stamp or write the word "duplicate" on the duplicated ballot; (C) Stamp or write the word "original" on the original damaged or defective ballot; (D) Label both the original damaged or defective ballot and the duplicate ballot with the same unique serial number; (E) Substitute the duplicated ballot for the original damaged or defective ballot; (F) Count the duplicated ballots in the same manner as other ballots in that election; and (G) Secure and separately store the original damaged or defective ballots in the same manner as other ballots in that election.

(A) Reproduce the selections of the voter on a second ballot that is the same ballot style as the ballot cast by the voter;

(B) Stamp or write the word "duplicate" on the duplicated ballot;

(C) Stamp or write the word "original" on the original damaged or defective ballot;

(D) Label both the original damaged or defective ballot and the duplicate ballot with the same unique serial number;

(E) Substitute the duplicated ballot for the original damaged or defective ballot;

(F) Count the duplicated ballots in the same manner as other ballots in that election; and

(G) Secure and separately store the original damaged or defective ballots in the same manner as other ballots in that election.

(3) The duplication of a damaged or defective ballot counted at the central counting facility shall be conducted by an election official at the same time and location that ballots with no defects are counted.

(4) The duplication of a damaged or defective ballot cast at a polling site shall be delivered securely to the county board of election commissioners to be duplicated by election officials or added to the precinct's count manually on the night of the election.

(5) An election official under subdivision (d)(2) of this section shall maintain a recorded count of damaged ballots to be duplicated in the presence of authorized poll watchers, if any, and provide the report to the county board of election commissioners.

(e) The return printed by the electronic vote tabulating device, to which the return of write-in, early, and absentee votes have been added, 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.

Amended by Act 2023, No. 460,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 444,§ 6, eff. 8/1/2023.

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.
Ark. Code Ann. § 7-6-201 — AR Code / Title 7 / Chapter 6 / Subchapter 2 / Section 7-6-201
Definitions
Status: in_force

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 ten thousand dollars ($10,000) 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. Amended by Act 2023, No. 455,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 737,§ 2, eff. 7/28/2021. Amended by Act 2021, No. 737,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 272,§ 1, eff. 7/28/2021. Amended by Act 2015, No. 1280,§ 4, eff. 4/8/2015. Amended by Act 2015, No. 1280,§ 3, eff. 4/8/2015. Amended by Act 2013, No. 1126,§ 10, eff. 8/16/2013. Amended by Act 2013, No. 1126,§ 9, eff. 8/16/2013. 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.

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 ten thousand dollars ($10,000) 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 ;

(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 ten thousand dollars ($10,000) from any person in any calendar year; and (iii) Registers pursuant to § 7-6-215 prior to making contributions.

(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 ten thousand dollars ($10,000) 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;

(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.

(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;

(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;

(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;

(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

(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;

(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;

(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;

(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;

(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;

(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;

(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

(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.

(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

(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.

(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.

(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

(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.

(a) Valid name;

(b) Complete address;

(c) Place of business;

(d) Employer; and

(e) Occupation.

Amended by Act 2023, No. 455,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 737,§ 2, eff. 7/28/2021.

Amended by Act 2021, No. 737,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 272,§ 1, eff. 7/28/2021.

Amended by Act 2015, No. 1280,§ 4, eff. 4/8/2015.

Amended by Act 2015, No. 1280,§ 3, eff. 4/8/2015.

Amended by Act 2013, No. 1126,§ 10, eff. 8/16/2013.

Amended by Act 2013, No. 1126,§ 9, eff. 8/16/2013.

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.
Ark. Code Ann. § 7-4-116 — AR Code / Title 7 / Chapter 4 / Subchapter 1 / Section 7-4-116
Election poll workers program for high school students
Status: in_force

(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. Amended by Act 2019, No. 328,§ 1, eff. 7/24/2019. Amended by Act 2013, No. 1322,§ 6, eff. 8/16/2013. Amended by Act 2013, No. 1322,§ 5, eff. 8/16/2013. Acts 2003, No. 242, § 1; 2005, No. 67, § 3; 2011, No. 1223, §§ 6, 7.

(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.

(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.

(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.

(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."

(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.

(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."

"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.

(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.

Amended by Act 2019, No. 328,§ 1, eff. 7/24/2019.

Amended by Act 2013, No. 1322,§ 6, eff. 8/16/2013.

Amended by Act 2013, No. 1322,§ 5, eff. 8/16/2013.

Acts 2003, No. 242, § 1; 2005, No. 67, § 3; 2011, No. 1223, §§ 6, 7.
Ark. Code Ann. § 7-6-206 — AR Code / Title 7 / Chapter 6 / Subchapter 2 / Section 7-6-206
Records of contributions and expenditures
Status: in_force

(a) A candidate, a political party, or a person acting in the candidate's behalf shall keep records of all contributions and expenditures in a manner sufficient to evidence compliance with §§ 7-6-207 - 7-6-210 . (b) The records shall be made available to the Arkansas Ethics Commission and the prosecuting attorney in the district in which the candidate resides, who are delegated the responsibility of enforcing this subchapter, and shall be maintained for a period of four (4) years. Acts 1975, No. 788, § 5; 1977, No. 312, § 5; A.S.A. 1947, § 3-1113; Acts 1999, No. 553, § 5; 2007, No. 221, § 4.

(a) A candidate, a political party, or a person acting in the candidate's behalf shall keep records of all contributions and expenditures in a manner sufficient to evidence compliance with §§ 7-6-207 - 7-6-210 .

(b) The records shall be made available to the Arkansas Ethics Commission and the prosecuting attorney in the district in which the candidate resides, who are delegated the responsibility of enforcing this subchapter, and shall be maintained for a period of four (4) years.

Acts 1975, No. 788, § 5; 1977, No. 312, § 5; A.S.A. 1947, § 3-1113; Acts 1999, No. 553, § 5; 2007, No. 221, § 4.
Ark. Code Ann. § 7-3-106 — AR Code / Title 7 / Chapter 3 / Section 7-3-106
County convention - Primary election results - Selection of state and national delegates - Vacancies
Status: in_force

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

(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.

(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.

(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.

Acts 1969, No. 465, Art. 1, § 4; A.S.A. 1947, § 3-104; Acts 1997, No. 444, § 2.
Ark. Code Ann. § 7-5-305 — AR Code / Title 7 / Chapter 5 / Subchapter 3 / Section 7-5-305
Requirements
Status: in_force

(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 . Amended by Act 2021, No. 1063,§ 7, eff. 7/28/2021. Amended by Act 2017, No. 633,§ 6, eff. 8/1/2017. Amended by Act 2013, No. 595,§ 4, eff. upon the later of the following:1/1/2014, or the appropriation and availability of funding to the Secretary of State for the issuance of voter identification cards under Section 5 of this act. 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.

(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.

(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;

(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;

(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;

(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;

(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.

(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 .

Amended by Act 2021, No. 1063,§ 7, eff. 7/28/2021.

Amended by Act 2017, No. 633,§ 6, eff. 8/1/2017.

Amended by Act 2013, No. 595,§ 4, eff. upon the later of the following:1/1/2014, or the appropriation and availability of funding to the Secretary of State for the issuance of voter identification cards under Section 5 of this act.

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.
Ark. Code Ann. § 7-5-604 — AR Code / Title 7 / Chapter 5 / Subchapter 6 / Section 7-5-604
Authorization - Election laws applicable
Status: in_force

(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. (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 more votes than the voter is legally entitled to cast 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; (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. Acts 1977, No. 77, § 3; 1979, No. 738, § 2; A.S.A. 1947, § 3-1802; Acts 2005, No. 2233, § 36; 2009, No. 1480, § 38.

(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. (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 more votes than the voter is legally entitled to cast 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; (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.

(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;

(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;

(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. (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 more votes than the voter is legally entitled to cast 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;

(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.

(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 more votes than the voter is legally entitled to cast 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;

(i) Of the effect of casting more votes than the voter is legally entitled to cast 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;

(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;

(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.

(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.

Acts 1977, No. 77, § 3; 1979, No. 738, § 2; A.S.A. 1947, § 3-1802; Acts 2005, No. 2233, § 36; 2009, No. 1480, § 38.
Ark. Code Ann. § 7-10-101 — AR Code / Title 7 / Chapter 10 / Section 7-10-101
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1110,§ 10, eff. 8/16/2013. Title Amended by Act 2013, No. 1110,§ 9, eff. 8/16/2013. Acts 2001, No. 1789, § 1.

Repealed by Act 2013, No. 1110,§ 10, eff. 8/16/2013.

Title Amended by Act 2013, No. 1110,§ 9, eff. 8/16/2013.

Acts 2001, No. 1789, § 1.
Ark. Code Ann. § 7-5-314 — AR Code / Title 7 / Chapter 5 / Subchapter 3 / Section 7-5-314
Duties of election officials - Voter lists
Status: in_force

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. 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.

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.

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.
Ark. Code Ann. § 7-9-310 — AR Code / Title 7 / Chapter 9 / Subchapter 3 / Section 7-9-310
Submission of proposed constitution to electors
Status: in_force

(a) The constitutional convention may submit a new constitution as one (1) proposal to be voted on by the people, and it may submit proposed parts or alternative parts of a new constitution for separate votes. The proposals of the convention shall be submitted to the electors of this state for adoption or rejection at the general election held next following adjournment sine die of the convention. (b) The Governor shall issue a proclamation no later than the October 1 preceding the general election. Within ten (10) days after the proclamation by the Governor, the several sheriffs throughout the state shall issue their proclamations notifying the electors of the county that a new constitution will be voted upon at the general election. The returns of the issue at the general election shall be made, canvassed, and the results thereof declared in the same manner as is provided by law for initiative and referendum measures. (c) (1) If a majority of the electors of the state voting thereon at the general election shall vote for the proposed constitution, it shall become effective on the date and in the manner provided in the proposed constitution, or if no effective date shall be provided in the proposed constitution, it shall become effective as now provided by law with reference to initiated acts and amendments. (2) If a majority of the electors of the state voting thereon at the general election shall vote against the proposed constitution, it shall be deemed rejected by the electors, and the existing Arkansas Constitution shall continue to be the Arkansas Constitution until changed as provided by law. In the event that proposed parts or alternative parts of the new constitution are submitted for separate vote and that the people shall reject the new constitution, then all proposed parts or alternative parts for a new constitution voted upon separately shall be deemed rejected, even though the parts received a majority of the votes cast thereon. In no event shall the proposed parts or alternative parts of a new constitution voted upon separately be deemed to amend or change the existing Arkansas Constitution or any of its amendments if the people reject the proposed new constitution. It is the intent hereof that proposed parts or alternative parts of the new constitution upon which votes are cast separate and apart from the new constitution shall be of no force and effect in the event the people reject the proposed new constitution. Acts 1968 (1st Ex. Sess.), No. 42, § 9; A.S.A. 1947, § 2-112.

(a) The constitutional convention may submit a new constitution as one (1) proposal to be voted on by the people, and it may submit proposed parts or alternative parts of a new constitution for separate votes. The proposals of the convention shall be submitted to the electors of this state for adoption or rejection at the general election held next following adjournment sine die of the convention.

(b) The Governor shall issue a proclamation no later than the October 1 preceding the general election. Within ten (10) days after the proclamation by the Governor, the several sheriffs throughout the state shall issue their proclamations notifying the electors of the county that a new constitution will be voted upon at the general election. The returns of the issue at the general election shall be made, canvassed, and the results thereof declared in the same manner as is provided by law for initiative and referendum measures.

(c) (1) If a majority of the electors of the state voting thereon at the general election shall vote for the proposed constitution, it shall become effective on the date and in the manner provided in the proposed constitution, or if no effective date shall be provided in the proposed constitution, it shall become effective as now provided by law with reference to initiated acts and amendments. (2) If a majority of the electors of the state voting thereon at the general election shall vote against the proposed constitution, it shall be deemed rejected by the electors, and the existing Arkansas Constitution shall continue to be the Arkansas Constitution until changed as provided by law. In the event that proposed parts or alternative parts of the new constitution are submitted for separate vote and that the people shall reject the new constitution, then all proposed parts or alternative parts for a new constitution voted upon separately shall be deemed rejected, even though the parts received a majority of the votes cast thereon. In no event shall the proposed parts or alternative parts of a new constitution voted upon separately be deemed to amend or change the existing Arkansas Constitution or any of its amendments if the people reject the proposed new constitution. It is the intent hereof that proposed parts or alternative parts of the new constitution upon which votes are cast separate and apart from the new constitution shall be of no force and effect in the event the people reject the proposed new constitution.

(1) If a majority of the electors of the state voting thereon at the general election shall vote for the proposed constitution, it shall become effective on the date and in the manner provided in the proposed constitution, or if no effective date shall be provided in the proposed constitution, it shall become effective as now provided by law with reference to initiated acts and amendments.

(2) If a majority of the electors of the state voting thereon at the general election shall vote against the proposed constitution, it shall be deemed rejected by the electors, and the existing Arkansas Constitution shall continue to be the Arkansas Constitution until changed as provided by law. In the event that proposed parts or alternative parts of the new constitution are submitted for separate vote and that the people shall reject the new constitution, then all proposed parts or alternative parts for a new constitution voted upon separately shall be deemed rejected, even though the parts received a majority of the votes cast thereon. In no event shall the proposed parts or alternative parts of a new constitution voted upon separately be deemed to amend or change the existing Arkansas Constitution or any of its amendments if the people reject the proposed new constitution. It is the intent hereof that proposed parts or alternative parts of the new constitution upon which votes are cast separate and apart from the new constitution shall be of no force and effect in the event the people reject the proposed new constitution.

Acts 1968 (1st Ex. Sess.), No. 42, § 9; A.S.A. 1947, § 2-112.
Ark. Code Ann. § 7-9-302 — AR Code / Title 7 / Chapter 9 / Subchapter 3 / Section 7-9-302
Delegate qualifications - Election date
Status: in_force

(a) At the same general election at which a vote on the calling of a constitutional convention shall be taken, delegates to the convention shall be elected. (b) Candidates for the office of delegate to the constitutional convention shall possess the qualifications required by law for a member of the House of Representatives of the General Assembly, and they shall be qualified electors of the district from which elected. (c) The election of delegates to the convention shall be on a nonpartisan basis, and no candidate shall designate political party affiliation at the time he or she files for election. Acts 1968 (1st Ex. Sess.), No. 42, § 2; A.S.A. 1947, § 2-105.

(a) At the same general election at which a vote on the calling of a constitutional convention shall be taken, delegates to the convention shall be elected.

(b) Candidates for the office of delegate to the constitutional convention shall possess the qualifications required by law for a member of the House of Representatives of the General Assembly, and they shall be qualified electors of the district from which elected.

(c) The election of delegates to the convention shall be on a nonpartisan basis, and no candidate shall designate political party affiliation at the time he or she files for election.

Acts 1968 (1st Ex. Sess.), No. 42, § 2; A.S.A. 1947, § 2-105.
Ark. Code Ann. § 7-4-106 — AR Code / Title 7 / Chapter 4 / Subchapter 1 / Section 7-4-106
Assistance of prosecuting attorney
Status: in_force

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

(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.

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