Ark. Code Ann. § 7-5-403 — AR Code / Title 7 / Chapter 5 / Subchapter 4 / Section 7-5-403
Designated bearers, authorized agents, and administrators
Status: in_force

(a) (1) A designated bearer may obtain absentee ballots for no more than two (2) voters per election. (2) (A) A designated bearer shall not have more than two (2) absentee ballots in his or her possession at any time. (B) If the county clerk knows or reasonably suspects that a designated bearer has more than two (2) absentee ballots in his or her possession, the county clerk shall notify the prosecuting attorney. (3) (A) A designated bearer receiving an absentee ballot from the county clerk for a voter shall obtain the absentee ballot directly from the county clerk and deliver the absentee ballot directly to the voter. (B) A designated bearer receiving an absentee ballot from a voter shall obtain the absentee ballot directly from the voter and deliver the absentee ballot directly to the county clerk. (4) (A) A designated bearer may deliver to the county clerk the absentee ballots for not more than two (2) voters. (B) The designated bearer shall be named on the voter statement accompanying the absentee ballot. (5) In order to obtain an absentee ballot from the county clerk: (A) The designated bearer shall show a form of current photographic identification to the county clerk; (B) The county clerk shall print the designated bearer's name and address beside the voter's name on a register; (C) The designated bearer shall sign the register under oath indicating receipt of the voter's absentee ballot; and (D) The county clerk shall indicate beside the designated bearer's name on the register that he or she obtained an absentee ballot for a voter. (6) When a designated bearer delivers an absentee ballot to the county clerk: (A) The designated bearer shall present current and valid photographic identification to the county clerk; (B) The county clerk shall print the designated bearer's name and address beside the voter's name on a register; (C) The designated bearer shall sign the register under oath indicating delivery of the voter's absentee ballot; (D) The county clerk shall not accept an absentee ballot from a designated bearer who does not sign the register under oath; and (E) The county clerk shall write or stamp the word "BEARER" and write the designated bearer's name and address on the voter's absentee ballot return envelope. (7) When providing an absentee ballot to a designated bearer or receiving an absentee ballot from a designated bearer, the county clerk shall provide to the designated bearer a written notice informing the designated bearer that: (A) A designated bearer may obtain ballots for no more than two (2) voters per election; (B) A designated bearer shall at no time have more than two (2) ballots in his or her possession; (C) A designated bearer shall not deliver ballots to the county clerk for more than two (2) voters per election; and (D) Possession of an absentee ballot with the intent to defraud a voter or an election official is a felony under § 7-1-104 . (8) The county clerk shall post a notice of the rules concerning designated bearers and authorized agents in each county clerk's office where absentee ballots are distributed or returned. (b) (1) An authorized agent may deliver applications for absentee ballots to the county clerk and obtain absentee ballots from the county clerk for not more than two (2) voters per election who cannot cast a ballot at the appropriate polling place on election day because the voter is a patient in a hospital or long-term care or residential care facility licensed by the state. (2) At no time shall an authorized agent have more than two (2) absentee ballots in his or her possession. (3) (A) An authorized agent receiving an absentee ballot from the county clerk for a voter shall deliver the absentee ballot directly to the voter. (B) An authorized agent receiving an absentee ballot from a voter shall deliver the absentee ballot directly to the county clerk. (4) (A) In order for an authorized agent to obtain a ballot from the county clerk, the authorized agent shall submit to the county clerk an affidavit from the administrative head of a hospital or long-term care or residential care facility licensed by the state that the applicant is a patient of the hospital or long-term care or residential care facility licensed by the state and is thereby unable to vote on the election day at his or her regular polling site. (B) A copy of the affidavit shall be retained by the county clerk as an attachment to the application for an absentee ballot. (5) In order to obtain an absentee ballot from the county clerk, the: (A) Authorized agent shall present current photographic identification to the clerk; (B) Clerk shall print the authorized agent's name and address beside the voter's name on a register; and (C) Authorized agent shall sign the register under oath indicating receipt of the voter's ballot. (6) When an authorized agent delivers an absentee ballot to the county clerk, the: (A) Authorized agent shall show some form of current photographic identification to the clerk; (B) Clerk shall print the authorized agent's name and address beside the voter's name on a register; (C) Authorized agent shall sign the register under oath indicating delivery of the voter's ballot; and (D) The county clerk shall not accept an absentee ballot from an authorized agent who does not sign the register under oath. (7) The county clerk shall write or stamp the words "AUTHORIZED AGENT" and the agent's name and address on the voter's absentee ballot return envelope. (8) The county clerk shall post a notice of the rules concerning designated bearers and authorized agents in each county clerk's office where absentee ballots are distributed or returned. (c) (1) The county clerk shall keep a register of designated bearers and authorized agents. (2) The designated bearer and authorized agent register shall contain the following oath on each page: "I ACKNOWLEDGE THAT ARKANSAS LAW PROHIBITS DESIGNATED BEARERS AND AUTHORIZED AGENTS FROM RECEIVING OR RETURNING MORE THAN TWO (2) ABSENTEE BALLOTS PER ELECTION. I HAVE COMPLIED WITH THE ARKANSAS LAW. I UNDERSTAND THAT IF I PROVIDE FALSE INFORMATION ON THIS FORM, I MAY BE GUILTY OF PERJURY AND SUBJECT TO A FINE OF UP TO TEN THOUSAND DOLLARS ($10,000) OR IMPRISONMENT FOR UP TO TEN (10) YEARS, OR BOTH, UNDER FEDERAL AND STATE LAWS." (d) (1) (A) An administrator may deliver to the county clerk an application for an absentee ballot for any voter who is a patient of a long-term care or residential care facility licensed by the state and who authorizes the administrator to obtain an absentee ballot on his or her behalf. (B) The absentee ballot application shall identify the administrator by name as the administrator of the facility where the voter resides. (2) Upon presentation of photographic identification to the county clerk, an administrator may receive absentee ballots for as many qualified residents of the facility as: (A) Apply for absentee ballots; and (B) Identify the administrator in the voter's absentee ballot application. (3) (A) An administrator may deliver the absentee ballot to the county clerk for any voter who names the administrator on his or her application and voter statement. (B) Absentee ballots may be delivered to the county clerk in person by the administrator or by mail. (4) Before obtaining an absentee ballot, an administrator shall submit to the county clerk an affidavit, signed and dated by the administrator, stating: (A) That he or she is the administrative head of a long-term care or residential care facility licensed by the state; (B) The name and address of the facility; (C) That he or she has been authorized by the voters who reside in his or her facility to obtain from the county clerk and return to the county clerk absentee ballots on their behalf; (D) That each of the voters for whom the administrator seeks to obtain an absentee ballot has named the administrator on his or her application; and (E) That the administrator understands that Arkansas law requires that the administrator assist the voter by marking or casting a ballot on behalf of the voter without any comment or interpretation. (5) The county clerk shall attach a copy of the administrator's affidavit to each application for an absentee ballot delivered by the administrator to the county clerk. (6) When the ballots are returned by the administrator in person or by mail, the county clerk shall write or stamp the word "ADMINISTRATOR" and write the administrator's name on the voter's absentee ballot return envelope. (e) Any person who knowingly makes a false statement on an affidavit required by this section shall be guilty of perjury and subject to a fine of up to ten thousand dollars ($10,000) or imprisonment of up to ten (10) years. Amended by Act 2019, No. 965,§ 2, eff. 7/24/2019. Amended by Act 2013, No. 1424,§ 2, eff. 8/16/2013. Acts 2007, No. 543, § 2; 2009, No. 250, §§ 15-17; 2009, No. 959, §§ 16, 22; 2011, No. 1043, § 1.

(a) (1) A designated bearer may obtain absentee ballots for no more than two (2) voters per election. (2) (A) A designated bearer shall not have more than two (2) absentee ballots in his or her possession at any time. (B) If the county clerk knows or reasonably suspects that a designated bearer has more than two (2) absentee ballots in his or her possession, the county clerk shall notify the prosecuting attorney. (3) (A) A designated bearer receiving an absentee ballot from the county clerk for a voter shall obtain the absentee ballot directly from the county clerk and deliver the absentee ballot directly to the voter. (B) A designated bearer receiving an absentee ballot from a voter shall obtain the absentee ballot directly from the voter and deliver the absentee ballot directly to the county clerk. (4) (A) A designated bearer may deliver to the county clerk the absentee ballots for not more than two (2) voters. (B) The designated bearer shall be named on the voter statement accompanying the absentee ballot. (5) In order to obtain an absentee ballot from the county clerk: (A) The designated bearer shall show a form of current photographic identification to the county clerk; (B) The county clerk shall print the designated bearer's name and address beside the voter's name on a register; (C) The designated bearer shall sign the register under oath indicating receipt of the voter's absentee ballot; and (D) The county clerk shall indicate beside the designated bearer's name on the register that he or she obtained an absentee ballot for a voter. (6) When a designated bearer delivers an absentee ballot to the county clerk: (A) The designated bearer shall present current and valid photographic identification to the county clerk; (B) The county clerk shall print the designated bearer's name and address beside the voter's name on a register; (C) The designated bearer shall sign the register under oath indicating delivery of the voter's absentee ballot; (D) The county clerk shall not accept an absentee ballot from a designated bearer who does not sign the register under oath; and (E) The county clerk shall write or stamp the word "BEARER" and write the designated bearer's name and address on the voter's absentee ballot return envelope. (7) When providing an absentee ballot to a designated bearer or receiving an absentee ballot from a designated bearer, the county clerk shall provide to the designated bearer a written notice informing the designated bearer that: (A) A designated bearer may obtain ballots for no more than two (2) voters per election; (B) A designated bearer shall at no time have more than two (2) ballots in his or her possession; (C) A designated bearer shall not deliver ballots to the county clerk for more than two (2) voters per election; and (D) Possession of an absentee ballot with the intent to defraud a voter or an election official is a felony under § 7-1-104 . (8) The county clerk shall post a notice of the rules concerning designated bearers and authorized agents in each county clerk's office where absentee ballots are distributed or returned.

(1) A designated bearer may obtain absentee ballots for no more than two (2) voters per election.

(2) (A) A designated bearer shall not have more than two (2) absentee ballots in his or her possession at any time. (B) If the county clerk knows or reasonably suspects that a designated bearer has more than two (2) absentee ballots in his or her possession, the county clerk shall notify the prosecuting attorney.

(A) A designated bearer shall not have more than two (2) absentee ballots in his or her possession at any time.

(B) If the county clerk knows or reasonably suspects that a designated bearer has more than two (2) absentee ballots in his or her possession, the county clerk shall notify the prosecuting attorney.

(3) (A) A designated bearer receiving an absentee ballot from the county clerk for a voter shall obtain the absentee ballot directly from the county clerk and deliver the absentee ballot directly to the voter. (B) A designated bearer receiving an absentee ballot from a voter shall obtain the absentee ballot directly from the voter and deliver the absentee ballot directly to the county clerk.

(A) A designated bearer receiving an absentee ballot from the county clerk for a voter shall obtain the absentee ballot directly from the county clerk and deliver the absentee ballot directly to the voter.

(B) A designated bearer receiving an absentee ballot from a voter shall obtain the absentee ballot directly from the voter and deliver the absentee ballot directly to the county clerk.

(4) (A) A designated bearer may deliver to the county clerk the absentee ballots for not more than two (2) voters. (B) The designated bearer shall be named on the voter statement accompanying the absentee ballot.

(A) A designated bearer may deliver to the county clerk the absentee ballots for not more than two (2) voters.

(B) The designated bearer shall be named on the voter statement accompanying the absentee ballot.

(5) In order to obtain an absentee ballot from the county clerk: (A) The designated bearer shall show a form of current photographic identification to the county clerk; (B) The county clerk shall print the designated bearer's name and address beside the voter's name on a register; (C) The designated bearer shall sign the register under oath indicating receipt of the voter's absentee ballot; and (D) The county clerk shall indicate beside the designated bearer's name on the register that he or she obtained an absentee ballot for a voter.

(A) The designated bearer shall show a form of current photographic identification to the county clerk;

(B) The county clerk shall print the designated bearer's name and address beside the voter's name on a register;

(C) The designated bearer shall sign the register under oath indicating receipt of the voter's absentee ballot; and

(D) The county clerk shall indicate beside the designated bearer's name on the register that he or she obtained an absentee ballot for a voter.

(6) When a designated bearer delivers an absentee ballot to the county clerk: (A) The designated bearer shall present current and valid photographic identification to the county clerk; (B) The county clerk shall print the designated bearer's name and address beside the voter's name on a register; (C) The designated bearer shall sign the register under oath indicating delivery of the voter's absentee ballot; (D) The county clerk shall not accept an absentee ballot from a designated bearer who does not sign the register under oath; and (E) The county clerk shall write or stamp the word "BEARER" and write the designated bearer's name and address on the voter's absentee ballot return envelope.

(A) The designated bearer shall present current and valid photographic identification to the county clerk;

(B) The county clerk shall print the designated bearer's name and address beside the voter's name on a register;

(C) The designated bearer shall sign the register under oath indicating delivery of the voter's absentee ballot;

(D) The county clerk shall not accept an absentee ballot from a designated bearer who does not sign the register under oath; and

(E) The county clerk shall write or stamp the word "BEARER" and write the designated bearer's name and address on the voter's absentee ballot return envelope.

(7) When providing an absentee ballot to a designated bearer or receiving an absentee ballot from a designated bearer, the county clerk shall provide to the designated bearer a written notice informing the designated bearer that: (A) A designated bearer may obtain ballots for no more than two (2) voters per election; (B) A designated bearer shall at no time have more than two (2) ballots in his or her possession; (C) A designated bearer shall not deliver ballots to the county clerk for more than two (2) voters per election; and (D) Possession of an absentee ballot with the intent to defraud a voter or an election official is a felony under § 7-1-104 .

(A) A designated bearer may obtain ballots for no more than two (2) voters per election;

(B) A designated bearer shall at no time have more than two (2) ballots in his or her possession;

(C) A designated bearer shall not deliver ballots to the county clerk for more than two (2) voters per election; and

(D) Possession of an absentee ballot with the intent to defraud a voter or an election official is a felony under § 7-1-104 .

(8) The county clerk shall post a notice of the rules concerning designated bearers and authorized agents in each county clerk's office where absentee ballots are distributed or returned.

(b) (1) An authorized agent may deliver applications for absentee ballots to the county clerk and obtain absentee ballots from the county clerk for not more than two (2) voters per election who cannot cast a ballot at the appropriate polling place on election day because the voter is a patient in a hospital or long-term care or residential care facility licensed by the state. (2) At no time shall an authorized agent have more than two (2) absentee ballots in his or her possession. (3) (A) An authorized agent receiving an absentee ballot from the county clerk for a voter shall deliver the absentee ballot directly to the voter. (B) An authorized agent receiving an absentee ballot from a voter shall deliver the absentee ballot directly to the county clerk. (4) (A) In order for an authorized agent to obtain a ballot from the county clerk, the authorized agent shall submit to the county clerk an affidavit from the administrative head of a hospital or long-term care or residential care facility licensed by the state that the applicant is a patient of the hospital or long-term care or residential care facility licensed by the state and is thereby unable to vote on the election day at his or her regular polling site. (B) A copy of the affidavit shall be retained by the county clerk as an attachment to the application for an absentee ballot. (5) In order to obtain an absentee ballot from the county clerk, the: (A) Authorized agent shall present current photographic identification to the clerk; (B) Clerk shall print the authorized agent's name and address beside the voter's name on a register; and (C) Authorized agent shall sign the register under oath indicating receipt of the voter's ballot. (6) When an authorized agent delivers an absentee ballot to the county clerk, the: (A) Authorized agent shall show some form of current photographic identification to the clerk; (B) Clerk shall print the authorized agent's name and address beside the voter's name on a register; (C) Authorized agent shall sign the register under oath indicating delivery of the voter's ballot; and (D) The county clerk shall not accept an absentee ballot from an authorized agent who does not sign the register under oath. (7) The county clerk shall write or stamp the words "AUTHORIZED AGENT" and the agent's name and address on the voter's absentee ballot return envelope. (8) The county clerk shall post a notice of the rules concerning designated bearers and authorized agents in each county clerk's office where absentee ballots are distributed or returned.

(1) An authorized agent may deliver applications for absentee ballots to the county clerk and obtain absentee ballots from the county clerk for not more than two (2) voters per election who cannot cast a ballot at the appropriate polling place on election day because the voter is a patient in a hospital or long-term care or residential care facility licensed by the state.

(2) At no time shall an authorized agent have more than two (2) absentee ballots in his or her possession.

(3) (A) An authorized agent receiving an absentee ballot from the county clerk for a voter shall deliver the absentee ballot directly to the voter. (B) An authorized agent receiving an absentee ballot from a voter shall deliver the absentee ballot directly to the county clerk.

(A) An authorized agent receiving an absentee ballot from the county clerk for a voter shall deliver the absentee ballot directly to the voter.

(B) An authorized agent receiving an absentee ballot from a voter shall deliver the absentee ballot directly to the county clerk.

(4) (A) In order for an authorized agent to obtain a ballot from the county clerk, the authorized agent shall submit to the county clerk an affidavit from the administrative head of a hospital or long-term care or residential care facility licensed by the state that the applicant is a patient of the hospital or long-term care or residential care facility licensed by the state and is thereby unable to vote on the election day at his or her regular polling site. (B) A copy of the affidavit shall be retained by the county clerk as an attachment to the application for an absentee ballot.

(A) In order for an authorized agent to obtain a ballot from the county clerk, the authorized agent shall submit to the county clerk an affidavit from the administrative head of a hospital or long-term care or residential care facility licensed by the state that the applicant is a patient of the hospital or long-term care or residential care facility licensed by the state and is thereby unable to vote on the election day at his or her regular polling site.

(B) A copy of the affidavit shall be retained by the county clerk as an attachment to the application for an absentee ballot.

(5) In order to obtain an absentee ballot from the county clerk, the: (A) Authorized agent shall present current photographic identification to the clerk; (B) Clerk shall print the authorized agent's name and address beside the voter's name on a register; and (C) Authorized agent shall sign the register under oath indicating receipt of the voter's ballot.

(A) Authorized agent shall present current photographic identification to the clerk;

(B) Clerk shall print the authorized agent's name and address beside the voter's name on a register; and

(C) Authorized agent shall sign the register under oath indicating receipt of the voter's ballot.

(6) When an authorized agent delivers an absentee ballot to the county clerk, the: (A) Authorized agent shall show some form of current photographic identification to the clerk; (B) Clerk shall print the authorized agent's name and address beside the voter's name on a register; (C) Authorized agent shall sign the register under oath indicating delivery of the voter's ballot; and (D) The county clerk shall not accept an absentee ballot from an authorized agent who does not sign the register under oath.

(A) Authorized agent shall show some form of current photographic identification to the clerk;

(B) Clerk shall print the authorized agent's name and address beside the voter's name on a register;

(C) Authorized agent shall sign the register under oath indicating delivery of the voter's ballot; and

(D) The county clerk shall not accept an absentee ballot from an authorized agent who does not sign the register under oath.

(7) The county clerk shall write or stamp the words "AUTHORIZED AGENT" and the agent's name and address on the voter's absentee ballot return envelope.

(8) The county clerk shall post a notice of the rules concerning designated bearers and authorized agents in each county clerk's office where absentee ballots are distributed or returned.

(c) (1) The county clerk shall keep a register of designated bearers and authorized agents. (2) The designated bearer and authorized agent register shall contain the following oath on each page: "I ACKNOWLEDGE THAT ARKANSAS LAW PROHIBITS DESIGNATED BEARERS AND AUTHORIZED AGENTS FROM RECEIVING OR RETURNING MORE THAN TWO (2) ABSENTEE BALLOTS PER ELECTION. I HAVE COMPLIED WITH THE ARKANSAS LAW. I UNDERSTAND THAT IF I PROVIDE FALSE INFORMATION ON THIS FORM, I MAY BE GUILTY OF PERJURY AND SUBJECT TO A FINE OF UP TO TEN THOUSAND DOLLARS ($10,000) OR IMPRISONMENT FOR UP TO TEN (10) YEARS, OR BOTH, UNDER FEDERAL AND STATE LAWS."

(1) The county clerk shall keep a register of designated bearers and authorized agents.

(2) The designated bearer and authorized agent register shall contain the following oath on each page: "I ACKNOWLEDGE THAT ARKANSAS LAW PROHIBITS DESIGNATED BEARERS AND AUTHORIZED AGENTS FROM RECEIVING OR RETURNING MORE THAN TWO (2) ABSENTEE BALLOTS PER ELECTION. I HAVE COMPLIED WITH THE ARKANSAS LAW. I UNDERSTAND THAT IF I PROVIDE FALSE INFORMATION ON THIS FORM, I MAY BE GUILTY OF PERJURY AND SUBJECT TO A FINE OF UP TO TEN THOUSAND DOLLARS ($10,000) OR IMPRISONMENT FOR UP TO TEN (10) YEARS, OR BOTH, UNDER FEDERAL AND STATE LAWS."

(d) (1) (A) An administrator may deliver to the county clerk an application for an absentee ballot for any voter who is a patient of a long-term care or residential care facility licensed by the state and who authorizes the administrator to obtain an absentee ballot on his or her behalf. (B) The absentee ballot application shall identify the administrator by name as the administrator of the facility where the voter resides. (2) Upon presentation of photographic identification to the county clerk, an administrator may receive absentee ballots for as many qualified residents of the facility as: (A) Apply for absentee ballots; and (B) Identify the administrator in the voter's absentee ballot application. (3) (A) An administrator may deliver the absentee ballot to the county clerk for any voter who names the administrator on his or her application and voter statement. (B) Absentee ballots may be delivered to the county clerk in person by the administrator or by mail. (4) Before obtaining an absentee ballot, an administrator shall submit to the county clerk an affidavit, signed and dated by the administrator, stating: (A) That he or she is the administrative head of a long-term care or residential care facility licensed by the state; (B) The name and address of the facility; (C) That he or she has been authorized by the voters who reside in his or her facility to obtain from the county clerk and return to the county clerk absentee ballots on their behalf; (D) That each of the voters for whom the administrator seeks to obtain an absentee ballot has named the administrator on his or her application; and (E) That the administrator understands that Arkansas law requires that the administrator assist the voter by marking or casting a ballot on behalf of the voter without any comment or interpretation. (5) The county clerk shall attach a copy of the administrator's affidavit to each application for an absentee ballot delivered by the administrator to the county clerk. (6) When the ballots are returned by the administrator in person or by mail, the county clerk shall write or stamp the word "ADMINISTRATOR" and write the administrator's name on the voter's absentee ballot return envelope.

(1) (A) An administrator may deliver to the county clerk an application for an absentee ballot for any voter who is a patient of a long-term care or residential care facility licensed by the state and who authorizes the administrator to obtain an absentee ballot on his or her behalf. (B) The absentee ballot application shall identify the administrator by name as the administrator of the facility where the voter resides.

(A) An administrator may deliver to the county clerk an application for an absentee ballot for any voter who is a patient of a long-term care or residential care facility licensed by the state and who authorizes the administrator to obtain an absentee ballot on his or her behalf.

(B) The absentee ballot application shall identify the administrator by name as the administrator of the facility where the voter resides.

(2) Upon presentation of photographic identification to the county clerk, an administrator may receive absentee ballots for as many qualified residents of the facility as: (A) Apply for absentee ballots; and (B) Identify the administrator in the voter's absentee ballot application.

(A) Apply for absentee ballots; and

(B) Identify the administrator in the voter's absentee ballot application.

(3) (A) An administrator may deliver the absentee ballot to the county clerk for any voter who names the administrator on his or her application and voter statement. (B) Absentee ballots may be delivered to the county clerk in person by the administrator or by mail.

(A) An administrator may deliver the absentee ballot to the county clerk for any voter who names the administrator on his or her application and voter statement.

(B) Absentee ballots may be delivered to the county clerk in person by the administrator or by mail.

(4) Before obtaining an absentee ballot, an administrator shall submit to the county clerk an affidavit, signed and dated by the administrator, stating: (A) That he or she is the administrative head of a long-term care or residential care facility licensed by the state; (B) The name and address of the facility; (C) That he or she has been authorized by the voters who reside in his or her facility to obtain from the county clerk and return to the county clerk absentee ballots on their behalf; (D) That each of the voters for whom the administrator seeks to obtain an absentee ballot has named the administrator on his or her application; and (E) That the administrator understands that Arkansas law requires that the administrator assist the voter by marking or casting a ballot on behalf of the voter without any comment or interpretation.

(A) That he or she is the administrative head of a long-term care or residential care facility licensed by the state;

(B) The name and address of the facility;

(C) That he or she has been authorized by the voters who reside in his or her facility to obtain from the county clerk and return to the county clerk absentee ballots on their behalf;

(D) That each of the voters for whom the administrator seeks to obtain an absentee ballot has named the administrator on his or her application; and

(E) That the administrator understands that Arkansas law requires that the administrator assist the voter by marking or casting a ballot on behalf of the voter without any comment or interpretation.

(5) The county clerk shall attach a copy of the administrator's affidavit to each application for an absentee ballot delivered by the administrator to the county clerk.

(6) When the ballots are returned by the administrator in person or by mail, the county clerk shall write or stamp the word "ADMINISTRATOR" and write the administrator's name on the voter's absentee ballot return envelope.

(e) Any person who knowingly makes a false statement on an affidavit required by this section shall be guilty of perjury and subject to a fine of up to ten thousand dollars ($10,000) or imprisonment of up to ten (10) years.

Amended by Act 2019, No. 965,§ 2, eff. 7/24/2019.

Amended by Act 2013, No. 1424,§ 2, eff. 8/16/2013.

Acts 2007, No. 543, § 2; 2009, No. 250, §§ 15-17; 2009, No. 959, §§ 16, 22; 2011, No. 1043, § 1.
Ark. Code Ann. § 7-2-103 — AR Code / Title 7 / Chapter 2 / Section 7-2-103
Second Congressional District
Status: in_force

(a) The Second Congressional District shall be composed of: (1) The counties of Cleburne, Conway, Faulkner, Perry, Saline, Van Buren, and White; and (2) The voting precincts of Pulaski County as they existed on January 1, 2021, that are not listed under § 7-2-102(a)(2) or § 7-2-105(a)(2) . (b) The qualified electors residing in the counties and portions of Pulaski County listed under subsection (a) of this section shall elect one (1) member of the United States House of Representatives. Amended by Act 2021, No. 1116,§ 1, eff. 10/13/2021. Amended by Act 2021, No. 1114,§ 1, eff. 10/13/2021. Acts 1991, No. 1220, § 3; 2001, No. 1840, § 3; 2011, No. 1241, § 1; 2011, No. 1242, § 1.

(a) The Second Congressional District shall be composed of: (1) The counties of Cleburne, Conway, Faulkner, Perry, Saline, Van Buren, and White; and (2) The voting precincts of Pulaski County as they existed on January 1, 2021, that are not listed under § 7-2-102(a)(2) or § 7-2-105(a)(2) .

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

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

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

Amended by Act 2021, No. 1116,§ 1, eff. 10/13/2021.

Amended by Act 2021, No. 1114,§ 1, eff. 10/13/2021.

Acts 1991, No. 1220, § 3; 2001, No. 1840, § 3; 2011, No. 1241, § 1; 2011, No. 1242, § 1.
Ark. Code Ann. § 7-5-206 — AR Code / Title 7 / Chapter 5 / Subchapter 2 / Section 7-5-206
Publication requirements
Status: in_force

(a) The county board of election commissioners shall publish all: (1) Candidate nominations; (2) Proposed amendments to the Arkansas Constitution; and (3) Other measures and questions required by law to be submitted to the electors at any election. (b) Publication of the information required in subsection (a) of this section shall be made by: (1) Posting a list of all nominations, amendments, and other measures and questions to be submitted to electors at the door of the courthouse at least ten (10) days before the day of the election; and (2) (A) Submitting to the Secretary of State a sample ballot of each ballot style, marked with the word "SAMPLE", that will be used at each polling site. (B) Each sample ballot shall be submitted at least: (i) Twenty (20) days before each preferential primary and general election; and (ii) Ten (10) days before the holding of each general primary, general runoff, school, or special election. (c) The Secretary of State shall publish all sample ballots on an internet site that is organized so that a voter may easily identify the sample ballot corresponding with his or her precinct-part. Amended by Act 2021, No. 128,§ 1, eff. 7/28/2021. Acts 1969, No. 465, Art. 6, § 8; A.S.A. 1947, § 3-608; Acts 1995, No. 497, § 2; 1995, No. 1085, § 2; 1997, No. 451, § 11; 2005, No. 67, § 7; 2007, No. 222, § 7; 2007, No. 1020, § 2; 2009, No. 959, § 5.

(a) The county board of election commissioners shall publish all: (1) Candidate nominations; (2) Proposed amendments to the Arkansas Constitution; and (3) Other measures and questions required by law to be submitted to the electors at any election.

(1) Candidate nominations;

(2) Proposed amendments to the Arkansas Constitution; and

(3) Other measures and questions required by law to be submitted to the electors at any election.

(b) Publication of the information required in subsection (a) of this section shall be made by: (1) Posting a list of all nominations, amendments, and other measures and questions to be submitted to electors at the door of the courthouse at least ten (10) days before the day of the election; and (2) (A) Submitting to the Secretary of State a sample ballot of each ballot style, marked with the word "SAMPLE", that will be used at each polling site. (B) Each sample ballot shall be submitted at least: (i) Twenty (20) days before each preferential primary and general election; and (ii) Ten (10) days before the holding of each general primary, general runoff, school, or special election.

(1) Posting a list of all nominations, amendments, and other measures and questions to be submitted to electors at the door of the courthouse at least ten (10) days before the day of the election; and

(2) (A) Submitting to the Secretary of State a sample ballot of each ballot style, marked with the word "SAMPLE", that will be used at each polling site. (B) Each sample ballot shall be submitted at least: (i) Twenty (20) days before each preferential primary and general election; and (ii) Ten (10) days before the holding of each general primary, general runoff, school, or special election.

(A) Submitting to the Secretary of State a sample ballot of each ballot style, marked with the word "SAMPLE", that will be used at each polling site.

(B) Each sample ballot shall be submitted at least: (i) Twenty (20) days before each preferential primary and general election; and (ii) Ten (10) days before the holding of each general primary, general runoff, school, or special election.

(i) Twenty (20) days before each preferential primary and general election; and

(ii) Ten (10) days before the holding of each general primary, general runoff, school, or special election.

(c) The Secretary of State shall publish all sample ballots on an internet site that is organized so that a voter may easily identify the sample ballot corresponding with his or her precinct-part.

Amended by Act 2021, No. 128,§ 1, eff. 7/28/2021.

Acts 1969, No. 465, Art. 6, § 8; A.S.A. 1947, § 3-608; Acts 1995, No. 497, § 2; 1995, No. 1085, § 2; 1997, No. 451, § 11; 2005, No. 67, § 7; 2007, No. 222, § 7; 2007, No. 1020, § 2; 2009, No. 959, § 5.
Ark. Code Ann. § 7-7-205 — AR Code / Title 7 / Chapter 7 / Subchapter 2 / Section 7-7-205
Petition requirements for new political parties
Status: in_force

(a) (1) A group desiring to form a new political party shall do so by filing a petition with the Secretary of State. (2) The petition shall contain at the time of filing the signatures of a minimum of ten thousand (10,000) registered voters in the state. (3) The Secretary of State shall not accept for filing any new party petition that is not prima facie sufficient at the time of filing. (4) (A) No signature shall be counted unless the date of the signature appears on the petition. (B) No signature that is dated prior to the first day of January immediately following the general election shall be counted. (5) (A) The petition shall declare the intent of organizing a political party, the name of which shall be stated in the declaration. (B) No political party or group shall assume a name or designation that is so familiar, in the opinion of the Secretary of State, as to confuse or mislead the voters at an election. (6) A new political party that wishes to select nominees for the next general election shall file a sufficient petition no later than three (3) weeks before the preferential primary election. (b) (1) The Secretary of State shall determine the sufficiency of the signatures submitted within thirty (30) days of filing. (2) If the petition is determined to be insufficient, the Secretary of State shall forthwith notify the sponsors in writing, through their designated agent, and shall set forth his or her reasons for so finding. (c) (1) Upon certification of sufficiency of the petition by the Secretary of State, a new political party shall be declared by the Secretary of State. (2) (A) A new political party formed by the petition process shall nominate candidates by convention for the first general election after certification. (B) Certificates of nomination shall be filed with the Secretary of State or the county clerk no later than 12:00 noon on the date of the preferential primary election. (C) A convention under subdivision (c)(2)(A) of this section may be held in any manner authorized by the rules of the new political party. (3) A candidate to be nominated by convention shall file a political practices pledge with the Secretary of State or county clerk, as the case may be, no later than 12:00 noon on the date of the preferential primary election. (4) If the new party maintains party status by obtaining three percent (3%) of the total votes cast for the office of Governor or nominees for presidential electors at the first general election after certification, the new political party shall nominate candidates in the party primary as set forth in § 7-7-101 et seq. (5) Any challenges to the certification of the sufficiency of the petition by the Secretary of State shall be filed with the Pulaski County Circuit Court. Amended by Act 2023, No. 462,§ 6, eff. 8/1/2023. Amended by Act 2023, No. 462,§ 5, eff. 8/1/2023. Amended by Act 2023, No. 462,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 462,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 462,§ 2, eff. 8/1/2023. Amended by Act 2019, No. 164,§ 1, eff. 2/18/2019. Amended by Act 2017, No. 297,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 1356,§ 2, eff. 8/16/2013. Acts 1997, No. 886, § 4; 2003, No. 1165, §§ 8, 9; 2007, No. 821, § 1; 2009, No. 188, § 2; 2009, No. 959, § 37; 2011, No. 1036, § 2.

(a) (1) A group desiring to form a new political party shall do so by filing a petition with the Secretary of State. (2) The petition shall contain at the time of filing the signatures of a minimum of ten thousand (10,000) registered voters in the state. (3) The Secretary of State shall not accept for filing any new party petition that is not prima facie sufficient at the time of filing. (4) (A) No signature shall be counted unless the date of the signature appears on the petition. (B) No signature that is dated prior to the first day of January immediately following the general election shall be counted. (5) (A) The petition shall declare the intent of organizing a political party, the name of which shall be stated in the declaration. (B) No political party or group shall assume a name or designation that is so familiar, in the opinion of the Secretary of State, as to confuse or mislead the voters at an election. (6) A new political party that wishes to select nominees for the next general election shall file a sufficient petition no later than three (3) weeks before the preferential primary election.

(1) A group desiring to form a new political party shall do so by filing a petition with the Secretary of State.

(2) The petition shall contain at the time of filing the signatures of a minimum of ten thousand (10,000) registered voters in the state.

(3) The Secretary of State shall not accept for filing any new party petition that is not prima facie sufficient at the time of filing.

(4) (A) No signature shall be counted unless the date of the signature appears on the petition. (B) No signature that is dated prior to the first day of January immediately following the general election shall be counted.

(A) No signature shall be counted unless the date of the signature appears on the petition.

(B) No signature that is dated prior to the first day of January immediately following the general election shall be counted.

(5) (A) The petition shall declare the intent of organizing a political party, the name of which shall be stated in the declaration. (B) No political party or group shall assume a name or designation that is so familiar, in the opinion of the Secretary of State, as to confuse or mislead the voters at an election.

(A) The petition shall declare the intent of organizing a political party, the name of which shall be stated in the declaration.

(B) No political party or group shall assume a name or designation that is so familiar, in the opinion of the Secretary of State, as to confuse or mislead the voters at an election.

(6) A new political party that wishes to select nominees for the next general election shall file a sufficient petition no later than three (3) weeks before the preferential primary election.

(b) (1) The Secretary of State shall determine the sufficiency of the signatures submitted within thirty (30) days of filing. (2) If the petition is determined to be insufficient, the Secretary of State shall forthwith notify the sponsors in writing, through their designated agent, and shall set forth his or her reasons for so finding.

(1) The Secretary of State shall determine the sufficiency of the signatures submitted within thirty (30) days of filing.

(2) If the petition is determined to be insufficient, the Secretary of State shall forthwith notify the sponsors in writing, through their designated agent, and shall set forth his or her reasons for so finding.

(c) (1) Upon certification of sufficiency of the petition by the Secretary of State, a new political party shall be declared by the Secretary of State. (2) (A) A new political party formed by the petition process shall nominate candidates by convention for the first general election after certification. (B) Certificates of nomination shall be filed with the Secretary of State or the county clerk no later than 12:00 noon on the date of the preferential primary election. (C) A convention under subdivision (c)(2)(A) of this section may be held in any manner authorized by the rules of the new political party. (3) A candidate to be nominated by convention shall file a political practices pledge with the Secretary of State or county clerk, as the case may be, no later than 12:00 noon on the date of the preferential primary election. (4) If the new party maintains party status by obtaining three percent (3%) of the total votes cast for the office of Governor or nominees for presidential electors at the first general election after certification, the new political party shall nominate candidates in the party primary as set forth in § 7-7-101 et seq. (5) Any challenges to the certification of the sufficiency of the petition by the Secretary of State shall be filed with the Pulaski County Circuit Court.

(1) Upon certification of sufficiency of the petition by the Secretary of State, a new political party shall be declared by the Secretary of State.

(2) (A) A new political party formed by the petition process shall nominate candidates by convention for the first general election after certification. (B) Certificates of nomination shall be filed with the Secretary of State or the county clerk no later than 12:00 noon on the date of the preferential primary election. (C) A convention under subdivision (c)(2)(A) of this section may be held in any manner authorized by the rules of the new political party.

(A) A new political party formed by the petition process shall nominate candidates by convention for the first general election after certification.

(B) Certificates of nomination shall be filed with the Secretary of State or the county clerk no later than 12:00 noon on the date of the preferential primary election.

(C) A convention under subdivision (c)(2)(A) of this section may be held in any manner authorized by the rules of the new political party.

(3) A candidate to be nominated by convention shall file a political practices pledge with the Secretary of State or county clerk, as the case may be, no later than 12:00 noon on the date of the preferential primary election.

(4) If the new party maintains party status by obtaining three percent (3%) of the total votes cast for the office of Governor or nominees for presidential electors at the first general election after certification, the new political party shall nominate candidates in the party primary as set forth in § 7-7-101 et seq.

(5) Any challenges to the certification of the sufficiency of the petition by the Secretary of State shall be filed with the Pulaski County Circuit Court.

Amended by Act 2023, No. 462,§ 6, eff. 8/1/2023.

Amended by Act 2023, No. 462,§ 5, eff. 8/1/2023.

Amended by Act 2023, No. 462,§ 4, eff. 8/1/2023.

Amended by Act 2023, No. 462,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 462,§ 2, eff. 8/1/2023.

Amended by Act 2019, No. 164,§ 1, eff. 2/18/2019.

Amended by Act 2017, No. 297,§ 1, eff. 8/1/2017.

Amended by Act 2013, No. 1356,§ 2, eff. 8/16/2013.

Acts 1997, No. 886, § 4; 2003, No. 1165, §§ 8, 9; 2007, No. 821, § 1; 2009, No. 188, § 2; 2009, No. 959, § 37; 2011, No. 1036, § 2.
Ark. Code Ann. § 7-5-526 — AR Code / Title 7 / Chapter 5 / Subchapter 5 / Section 7-5-526
Closing of polls - Securing machines - Poll workers' certificate
Status: in_force

(a) At the official time for closing the polls and upon termination of the voting, the poll workers shall announce that the polls have closed and in the presence of all persons authorized to be present shall remove the activation devices from the voting machines to make them inaccessible to further voting. (b) At the same time, the poll workers shall sign a certificate provided by the county board of election commissioners stating that the machines were made inaccessible to further voting and giving the exact time and the number of votes shown on the public counters. Amended by Act 2015, No. 1218,§ 12, eff. 7/22/2015. Acts 1969, No. 465, Art. 12, § 24; A.S.A. 1947, § 3-1224; Acts 1997, No. 446, § 19; 2005, No. 2233, § 29; 2009, No. 959, § 27.

(a) At the official time for closing the polls and upon termination of the voting, the poll workers shall announce that the polls have closed and in the presence of all persons authorized to be present shall remove the activation devices from the voting machines to make them inaccessible to further voting.

(b) At the same time, the poll workers shall sign a certificate provided by the county board of election commissioners stating that the machines were made inaccessible to further voting and giving the exact time and the number of votes shown on the public counters.

Amended by Act 2015, No. 1218,§ 12, eff. 7/22/2015.

Acts 1969, No. 465, Art. 12, § 24; A.S.A. 1947, § 3-1224; Acts 1997, No. 446, § 19; 2005, No. 2233, § 29; 2009, No. 959, § 27.
Ark. Code Ann. § 7-7-201 — AR Code / Title 7 / Chapter 7 / Subchapter 2 / Section 7-7-201
Law governing primary elections
Status: in_force

(a) The cost of political party primaries shall be borne by the State of Arkansas and shall be paid from an appropriation made to the State Board of Election Commissioners for that purpose. (b) (1) Within each county, the political party primary elections shall be conducted by the county board of election commissioners. (2) The State Board of Election Commissioners shall have authority to adopt rules for the administration of primary elections consistent with the provisions of this chapter. (3) The State Board of Election Commissioners may withhold reimbursement of funds to the counties for state-funded elections for failure to comply with the rules developed by the State Board of Election Commissioners for the administration of primary elections or applicable state election laws until all requirements are met to the satisfaction of the State Board of Election Commissioners. (4) Each political party shall be responsible for determining the qualifications of candidates seeking nomination by the political party, provide necessary applications for candidacy, accept and process the applications, and determine the order of its ballot. (c) All political party primary elections shall be conducted in conformity with the provisions of this act, and these elections are declared to be legal elections. (d) In cases of circumstances or procedures which may arise in connection with any primary election for which there is no provision of this act governing the circumstances or procedures, they shall be governed by the general election laws of this state or by party rules if there is no applicable general election law. (e) The State Board of Election Commissioners shall not take or accept any funding, grants, or gifts from any source other than from: (1) A city or incorporated town; (2) The governing authority of the county; (3) The State of Arkansas; or (4) The United States Government. Amended by Act 2021, No. 961,§ 2, eff. 7/28/2021. Acts 1969, No. 465, Art. 1, § 7; A.S.A. 1947, § 3-107; Acts 1995, No. 901, § 2; 2001, No. 1175, § 1; 2007, No. 987, § 2.

(a) The cost of political party primaries shall be borne by the State of Arkansas and shall be paid from an appropriation made to the State Board of Election Commissioners for that purpose.

(b) (1) Within each county, the political party primary elections shall be conducted by the county board of election commissioners. (2) The State Board of Election Commissioners shall have authority to adopt rules for the administration of primary elections consistent with the provisions of this chapter. (3) The State Board of Election Commissioners may withhold reimbursement of funds to the counties for state-funded elections for failure to comply with the rules developed by the State Board of Election Commissioners for the administration of primary elections or applicable state election laws until all requirements are met to the satisfaction of the State Board of Election Commissioners. (4) Each political party shall be responsible for determining the qualifications of candidates seeking nomination by the political party, provide necessary applications for candidacy, accept and process the applications, and determine the order of its ballot.

(1) Within each county, the political party primary elections shall be conducted by the county board of election commissioners.

(2) The State Board of Election Commissioners shall have authority to adopt rules for the administration of primary elections consistent with the provisions of this chapter.

(3) The State Board of Election Commissioners may withhold reimbursement of funds to the counties for state-funded elections for failure to comply with the rules developed by the State Board of Election Commissioners for the administration of primary elections or applicable state election laws until all requirements are met to the satisfaction of the State Board of Election Commissioners.

(4) Each political party shall be responsible for determining the qualifications of candidates seeking nomination by the political party, provide necessary applications for candidacy, accept and process the applications, and determine the order of its ballot.

(c) All political party primary elections shall be conducted in conformity with the provisions of this act, and these elections are declared to be legal elections.

(d) In cases of circumstances or procedures which may arise in connection with any primary election for which there is no provision of this act governing the circumstances or procedures, they shall be governed by the general election laws of this state or by party rules if there is no applicable general election law.

(e) The State Board of Election Commissioners shall not take or accept any funding, grants, or gifts from any source other than from: (1) A city or incorporated town; (2) The governing authority of the county; (3) The State of Arkansas; or (4) The United States Government.

(1) A city or incorporated town;

(2) The governing authority of the county;

(3) The State of Arkansas; or

(4) The United States Government.

Amended by Act 2021, No. 961,§ 2, eff. 7/28/2021.

Acts 1969, No. 465, Art. 1, § 7; A.S.A. 1947, § 3-107; Acts 1995, No. 901, § 2; 2001, No. 1175, § 1; 2007, No. 987, § 2.
Ark. Code Ann. § 7-1-115 — AR Code / Title 7 / Chapter 1 / Section 7-1-115
Legislative review of new federal election guidance - Purpose - Definition
Status: in_force

(a) The purpose of this section is to ensure that the General Assembly has the opportunity to: (1) Be informed of new federal election guidance; and (2) Research the interaction between the new federal election guidance and state law. (b) As used in this section, "new federal election guidance" means any federal directive, guidance, written communication, or verbal communication pertaining to elections, including without limitation: (1) Time, place, and manner suggestions for carrying out an election in the state; (2) A potential violation of federal election law; and (3) Guidance issued by the United States Department of Justice or any other federal executive agency related to new or existing voting or election laws. (c) All state and county election officials shall submit all new federal election guidance to the office of the Secretary of State within two (2) business days of receipt of the new federal election guidance. (d) The office of the Secretary of State shall: (1) Be the custodian of all new federal election guidance concerning an election conducted in the state; (2) Prepare a report of all new federal election guidance to be submitted to the Joint Performance Review Committee by September 1 of each year; and (3) (A) Compile from the following persons or entities all new federal election guidance concerning elections in the state given by the United States Department of Justice or any other federal executive agency: (i) County boards of election commissioners; (ii) County election officials; (iii) The State Board of Election Commissioners; and (iv) Employees of the Secretary of State's office. (B) Information required under subdivision (d)(3)(A) of this section shall include new federal election guidance concerning elections transmitted through: (i) Telephonic or electronic means; (ii) The mail; or (iii) In-person contact. Added by Act 2023, No. 294,§ 1, eff. 8/1/2023.

(a) The purpose of this section is to ensure that the General Assembly has the opportunity to: (1) Be informed of new federal election guidance; and (2) Research the interaction between the new federal election guidance and state law.

(1) Be informed of new federal election guidance; and

(2) Research the interaction between the new federal election guidance and state law.

(b) As used in this section, "new federal election guidance" means any federal directive, guidance, written communication, or verbal communication pertaining to elections, including without limitation: (1) Time, place, and manner suggestions for carrying out an election in the state; (2) A potential violation of federal election law; and (3) Guidance issued by the United States Department of Justice or any other federal executive agency related to new or existing voting or election laws.

(1) Time, place, and manner suggestions for carrying out an election in the state;

(2) A potential violation of federal election law; and

(3) Guidance issued by the United States Department of Justice or any other federal executive agency related to new or existing voting or election laws.

(c) All state and county election officials shall submit all new federal election guidance to the office of the Secretary of State within two (2) business days of receipt of the new federal election guidance.

(d) The office of the Secretary of State shall: (1) Be the custodian of all new federal election guidance concerning an election conducted in the state; (2) Prepare a report of all new federal election guidance to be submitted to the Joint Performance Review Committee by September 1 of each year; and (3) (A) Compile from the following persons or entities all new federal election guidance concerning elections in the state given by the United States Department of Justice or any other federal executive agency: (i) County boards of election commissioners; (ii) County election officials; (iii) The State Board of Election Commissioners; and (iv) Employees of the Secretary of State's office. (B) Information required under subdivision (d)(3)(A) of this section shall include new federal election guidance concerning elections transmitted through: (i) Telephonic or electronic means; (ii) The mail; or (iii) In-person contact.

(1) Be the custodian of all new federal election guidance concerning an election conducted in the state;

(2) Prepare a report of all new federal election guidance to be submitted to the Joint Performance Review Committee by September 1 of each year; and

(3) (A) Compile from the following persons or entities all new federal election guidance concerning elections in the state given by the United States Department of Justice or any other federal executive agency: (i) County boards of election commissioners; (ii) County election officials; (iii) The State Board of Election Commissioners; and (iv) Employees of the Secretary of State's office. (B) Information required under subdivision (d)(3)(A) of this section shall include new federal election guidance concerning elections transmitted through: (i) Telephonic or electronic means; (ii) The mail; or (iii) In-person contact.

(A) Compile from the following persons or entities all new federal election guidance concerning elections in the state given by the United States Department of Justice or any other federal executive agency: (i) County boards of election commissioners; (ii) County election officials; (iii) The State Board of Election Commissioners; and (iv) Employees of the Secretary of State's office.

(i) County boards of election commissioners;

(ii) County election officials;

(iii) The State Board of Election Commissioners; and

(iv) Employees of the Secretary of State's office.

(B) Information required under subdivision (d)(3)(A) of this section shall include new federal election guidance concerning elections transmitted through: (i) Telephonic or electronic means; (ii) The mail; or (iii) In-person contact.

(i) Telephonic or electronic means;

(ii) The mail; or

(iii) In-person contact.

Added by Act 2023, No. 294,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 7-9-109 — AR Code / Title 7 / Chapter 9 / Subchapter 1 / Section 7-9-109
Form of verification - Penalty for false statement
Status: in_force

(a) Each petition containing signatures shall be verified in substantially the following form by the canvasser's affidavit thereon as a part thereof: Click here to view form. (b) Forms herein given are not mandatory, and if substantially followed in any petition it shall be sufficient, disregarding clerical and merely technical errors. (c) (1) Petitions shall not be disqualified due to clerical or technical errors made by a clerk, notary, judge, or justice of the peace when verifying the canvasser's signature. (2) Petitions shall not be disqualified for failure of a clerk, notary, judge, or justice of the peace to sign exactly as his or her name appears on his or her seal if the signature of a clerk, notary, judge, or justice of the peace is sufficient to verify his or her name. (d) A canvasser who knowingly makes a false statement on a petition verification form required by this section shall be deemed guilty of a Class D felony. (e) A canvasser who witnesses signatures on a petition part but knowingly allows another canvasser who did not witness all signatures on a petition part to execute a false verification affidavit with respect to that petition part commits a Class D felony. (f) A sponsor, sponsor's agent, or representative commits a Class D felony if a sponsor, sponsor's agent, or representative: (1) Knowingly pays a canvasser for petitioner signatures on a petition part not personally witnessed by that paid canvasser; or (2) Knowingly submits to the Secretary of State a petition part where the verifying canvasser has not witnessed each signature on that petition part. Amended by Act 2021, No. 951,§ 2, eff. 4/27/2021. Amended by Act 2019, No. 376,§ 7, eff. 3/8/2019. Amended by Act 2013, No. 1413,§ 11, eff. 4/22/2013. Acts 1911 (Ex. Sess.), No. 2, § 8; C. & M. Dig., § 9769; Pope's Dig., § 13289; A.S.A. 1947, § 2-207; Acts 1989, No. 280, § 4; 1991, No. 42, § 3; 1991, No. 197, § 1; 1997, No. 646, § 6; 2005, No. 1817, § 1.

(a) Each petition containing signatures shall be verified in substantially the following form by the canvasser's affidavit thereon as a part thereof: Click here to view form.

Click here to view form.

(b) Forms herein given are not mandatory, and if substantially followed in any petition it shall be sufficient, disregarding clerical and merely technical errors.

(c) (1) Petitions shall not be disqualified due to clerical or technical errors made by a clerk, notary, judge, or justice of the peace when verifying the canvasser's signature. (2) Petitions shall not be disqualified for failure of a clerk, notary, judge, or justice of the peace to sign exactly as his or her name appears on his or her seal if the signature of a clerk, notary, judge, or justice of the peace is sufficient to verify his or her name.

(1) Petitions shall not be disqualified due to clerical or technical errors made by a clerk, notary, judge, or justice of the peace when verifying the canvasser's signature.

(2) Petitions shall not be disqualified for failure of a clerk, notary, judge, or justice of the peace to sign exactly as his or her name appears on his or her seal if the signature of a clerk, notary, judge, or justice of the peace is sufficient to verify his or her name.

(d) A canvasser who knowingly makes a false statement on a petition verification form required by this section shall be deemed guilty of a Class D felony.

(e) A canvasser who witnesses signatures on a petition part but knowingly allows another canvasser who did not witness all signatures on a petition part to execute a false verification affidavit with respect to that petition part commits a Class D felony.

(f) A sponsor, sponsor's agent, or representative commits a Class D felony if a sponsor, sponsor's agent, or representative: (1) Knowingly pays a canvasser for petitioner signatures on a petition part not personally witnessed by that paid canvasser; or (2) Knowingly submits to the Secretary of State a petition part where the verifying canvasser has not witnessed each signature on that petition part.

(1) Knowingly pays a canvasser for petitioner signatures on a petition part not personally witnessed by that paid canvasser; or

(2) Knowingly submits to the Secretary of State a petition part where the verifying canvasser has not witnessed each signature on that petition part.

Amended by Act 2021, No. 951,§ 2, eff. 4/27/2021.

Amended by Act 2019, No. 376,§ 7, eff. 3/8/2019.

Amended by Act 2013, No. 1413,§ 11, eff. 4/22/2013.

Acts 1911 (Ex. Sess.), No. 2, § 8; C. & M. Dig., § 9769; Pope's Dig., § 13289; A.S.A. 1947, § 2-207; Acts 1989, No. 280, § 4; 1991, No. 42, § 3; 1991, No. 197, § 1; 1997, No. 646, § 6; 2005, No. 1817, § 1.

9_109_1 - Attachment
Ark. Code Ann. § 7-9-123 — AR Code / Title 7 / Chapter 9 / Subchapter 1 / Section 7-9-123
Preservation of records
Status: in_force

All petitions, notices, certificates, or other documentary evidence of procedural steps taken in submitting any measure shall be filed and preserved. Petitions with signatures shall be retained for two (2) years and thereafter destroyed. The measure and the certificates relating thereto shall be recorded in a permanent record and duly attested by the Secretary of State. Acts 1943, No. 195, § 13; A.S.A. 1947, § 2-224; Acts 1997, No. 897, § 1.

All petitions, notices, certificates, or other documentary evidence of procedural steps taken in submitting any measure shall be filed and preserved. Petitions with signatures shall be retained for two (2) years and thereafter destroyed. The measure and the certificates relating thereto shall be recorded in a permanent record and duly attested by the Secretary of State.

Acts 1943, No. 195, § 13; A.S.A. 1947, § 2-224; Acts 1997, No. 897, § 1.
Ark. Code Ann. § 7-8-101 — AR Code / Title 7 / Chapter 8 / Subchapter 1 / Section 7-8-101
Primaries - General law governs
Status: in_force

All primaries, preferential and general, for the selection of nominees for federal offices, including those of the United States Senators and United States Representatives, shall be held on the same date and in the same manner as the preferential and general primaries for state, district, county, and township offices and shall be governed by the same procedure prescribed by this act. Acts 1969, No. 465, Art. 3, § 1; A.S.A. 1947, § 3-301; Acts 2007, No. 987, § 3; 2009, No. 26, § 3; 2009, No. 375, § 4.

All primaries, preferential and general, for the selection of nominees for federal offices, including those of the United States Senators and United States Representatives, shall be held on the same date and in the same manner as the preferential and general primaries for state, district, county, and township offices and shall be governed by the same procedure prescribed by this act.

Acts 1969, No. 465, Art. 3, § 1; A.S.A. 1947, § 3-301; Acts 2007, No. 987, § 3; 2009, No. 26, § 3; 2009, No. 375, § 4.
Ark. Code Ann. § 7-1-109 — AR Code / Title 7 / Chapter 1 / Section 7-1-109
Enforcement of election laws
Status: in_force

(a) Following a written complaint concerning any election law violation or irregularity to the county board of election commissioners, the written complaint shall be sent by the county board of election commissioners to the State Board of Election Commissioners and the Election Integrity Unit for evaluation and investigation. (b) A complaint submitted under subsection (a) of this section shall be included by the unit in the Arkansas Election Integrity Database. Amended by Act 2023, No. 544,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 952,§ 1, eff. 7/28/2021. Acts 2003, No. 270, § 1.

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

(b) A complaint submitted under subsection (a) of this section shall be included by the unit in the Arkansas Election Integrity Database.

Amended by Act 2023, No. 544,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 952,§ 1, eff. 7/28/2021.

Acts 2003, No. 270, § 1.
Ark. Code Ann. § 7-7-313 — AR Code / Title 7 / Chapter 7 / Subchapter 3 / Section 7-7-313
Unopposed races
Status: in_force

If there is a primary election in which only one (1) candidate has filed for the position by a filing deadline and there are no other ballot issues to be submitted for consideration, the county board of election commissioners may declare and certify the candidate as elected in the same manner as if the candidate had been voted upon at the election. Amended by Act 2017, No. 730,§ 5, eff. 8/1/2017. Acts 2009, No. 812, § 1.

If there is a primary election in which only one (1) candidate has filed for the position by a filing deadline and there are no other ballot issues to be submitted for consideration, the county board of election commissioners may declare and certify the candidate as elected in the same manner as if the candidate had been voted upon at the election.

Amended by Act 2017, No. 730,§ 5, eff. 8/1/2017.

Acts 2009, No. 812, § 1.
Ark. Code Ann. § 7-8-307 — AR Code / Title 7 / Chapter 8 / Subchapter 3 / Section 7-8-307
Vacancy - Appointment - Exception
Status: in_force

In case any person duly elected an elector of President of the United States and Vice President of the United States shall fail to attend at the United States Capitol on the day on which his or her vote is required to be given, it shall be the duty of the electors of President and Vice President attending at the time and place to appoint persons to fill the vacancies. Should the person or persons chosen pursuant to this subchapter arrive at the place aforesaid before the votes for President and Vice President are actually given, the person or persons appointed to fill the vacancy shall not act as an elector of President and Vice President. Acts 1969, No. 465, Art. 2, § 11; A.S.A. 1947, § 3-211.

In case any person duly elected an elector of President of the United States and Vice President of the United States shall fail to attend at the United States Capitol on the day on which his or her vote is required to be given, it shall be the duty of the electors of President and Vice President attending at the time and place to appoint persons to fill the vacancies. Should the person or persons chosen pursuant to this subchapter arrive at the place aforesaid before the votes for President and Vice President are actually given, the person or persons appointed to fill the vacancy shall not act as an elector of President and Vice President.

Acts 1969, No. 465, Art. 2, § 11; A.S.A. 1947, § 3-211.
Ark. Code Ann. § 7-6-209 — AR Code / Title 7 / Chapter 6 / Subchapter 2 / Section 7-6-209
Reports of contributions - Candidates for county office
Status: in_force

(a) Reports Required. Except as provided in subsection (d) of this section, each candidate for county office or a person acting in the candidate's behalf shall: (1) (A) For each year in which a candidate is not listed on a ballot for election, file an annual report of all contributions received and expenditures made during that year. (B) The annual report shall be filed no later than fifteen (15) days after the end of the year; (2) No later than seven (7) days prior to any preferential primary election, runoff election, general election, or special election in which the candidate's name appears on the ballot, file a preelection report of all contributions received and expenditures made between the period covered by the previous report, if any, and the period ten (10) days before the election. In case of a runoff election, the report shall cover all contributions received and expenditures made during that period of time that begins after the date of the election from which the runoff arose and ends ten (10) days before the runoff election; (3) No later than thirty (30) days after the end of the month in which the candidate's name has appeared on the ballot in any preferential primary election, runoff election, general election, or special election, or when only one (1) candidate qualifies for a particular office or position and no position or name of an unopposed candidate shall appear on a ballot, file a final report of all contributions received and expenditures made that have not been disclosed on reports previously required to be filed. A final report is required regardless of whether a candidate has received contributions or made expenditures in excess of five hundred dollars ($500); (4) File supplemental reports of all contributions received and expenditures made after the date of preparation of the final report, and the supplemental reports shall be filed within thirty (30) days after the receipt of a contribution or the making of an expenditure; (5) (A) No later than thirty (30) days after the end of the month in which the candidate has withdrawn, a final report of all contributions received and expenditures made that have not been disclosed on reports previously required to be filed. (B) If a candidate withdraws from the campaign, the candidate shall notify the county clerk in writing of the withdrawal; and (6) If a candidate keeps remaining campaign funds after an election, the candidate shall continue filing the reports required by this subsection. (b) Contents of Reports. (1) The contribution and expenditure reports required by subsection (a) of this section shall indicate: (A) The total amount of contributions received with loans stated separately, the total amount of expenditures made during the filing periods, and the cumulative amount of those totals for the entire election cycle; (B) The name and address of each person, including the candidate, who made a contribution or contributions that in the aggregate exceeded two hundred dollars ($200); (C) The contributor's principal place of business, employer, occupation, the amount contributed, the date the contribution was accepted by the candidate, and the aggregate contributed for each election; (D) The name and address of each person, including the candidate, who contributed a nonmonetary item, together with a description of the item, the date of receipt, and the value, not including volunteer service by individuals; (E) An itemization of all single expenditures made that exceeded one hundred dollars ($100), including the amount of the expenditure, the name and address of any person, including the candidate, to whom the expenditure was made, and the date the expenditure was made; (F) A list of all paid campaign workers and the amount the workers were paid; (G) A list of all expenditures by categories, including, but not limited to: (i) Television, radio, print, or other advertising; (ii) Direct mail; (iii) Office supplies; (iv) Rent; (v) Travel; (vi) Expenses; (vii) Entertainment; and (viii) Telephone; (H) The total amount of all nonitemized expenditures made during the filing period; and (I) The current balance of campaign funds. (2) (A) When the candidate's campaign has ended, the final report shall also indicate which option under § 7-6-203(g) was used to dispose of any surplus of campaign funds, the amount of funds disposed of by the candidate, and the amount of funds retained by the candidate in accordance with § 7-6-201(3) [repealed]. (B) If the candidate's campaign has not ended, disposal of campaign funds is not required and the candidate may carry forward any remaining funds in the campaign to the general primary election, general election, or general runoff election for that same office. (3) (A) Not later than fourteen (14) days after the deadline for filing for office, the county clerk shall notify each candidate in person or by mail of the deadlines for filing the ten-day preelection and final reports required by subsection (a) of this section and, at that time, furnish each candidate with the appropriate forms and instructions for complying with the deadlines. (B) If notice is sent by mail, then the notice shall be postmarked within fourteen (14) days after the deadline for filing for office. (c) Filing of Reports. The reports required by this section shall be filed with the county clerk in the county in which the election is held. Reports shall be filed on the appropriate forms furnished by the Secretary of State. (d) Reports Not Required. (1) A candidate who has not received contributions or made expenditures in excess of five hundred dollars ($500) shall not be required to file any preelection reports required under subdivision (a)(1) of this section. In calculating the amount of contributions received or expenditures made for purposes of this exception, the payment of the filing fee from the candidate's personal funds shall not be considered as either a contribution or an expenditure. (2) The preelection reports referenced in subdivision (a)(1) of this section are required only for candidates with opponents in those elections. Amended by Act 2023, No. 753,§ 5, eff. 8/1/2023. Amended by Act 2021, No. 737,§ 11, eff. 7/28/2021. Amended by Act 2019, No. 240,§ 5, eff. 7/24/2019. Amended by Act 2013, No. 382,§ 5, eff. 8/16/2013. Acts 1975, No. 788, § 3; 1977, No. 312, § 1; A.S.A. 1947, § 3-1111; Acts 1987, No. 246, § 2; 1993, No. 1243, § 3; Init. Meas. 1996, No. 1, § 6; Acts 1999, No. 553, §§ 10-12; 2001, No. 1839, § 6; 2003, No. 195, § 5; 2007, No. 221, § 7; 2009, No. 1204, § 5; 2011, No. 721, § 8.

(a) Reports Required. Except as provided in subsection (d) of this section, each candidate for county office or a person acting in the candidate's behalf shall: (1) (A) For each year in which a candidate is not listed on a ballot for election, file an annual report of all contributions received and expenditures made during that year. (B) The annual report shall be filed no later than fifteen (15) days after the end of the year; (2) No later than seven (7) days prior to any preferential primary election, runoff election, general election, or special election in which the candidate's name appears on the ballot, file a preelection report of all contributions received and expenditures made between the period covered by the previous report, if any, and the period ten (10) days before the election. In case of a runoff election, the report shall cover all contributions received and expenditures made during that period of time that begins after the date of the election from which the runoff arose and ends ten (10) days before the runoff election; (3) No later than thirty (30) days after the end of the month in which the candidate's name has appeared on the ballot in any preferential primary election, runoff election, general election, or special election, or when only one (1) candidate qualifies for a particular office or position and no position or name of an unopposed candidate shall appear on a ballot, file a final report of all contributions received and expenditures made that have not been disclosed on reports previously required to be filed. A final report is required regardless of whether a candidate has received contributions or made expenditures in excess of five hundred dollars ($500); (4) File supplemental reports of all contributions received and expenditures made after the date of preparation of the final report, and the supplemental reports shall be filed within thirty (30) days after the receipt of a contribution or the making of an expenditure; (5) (A) No later than thirty (30) days after the end of the month in which the candidate has withdrawn, a final report of all contributions received and expenditures made that have not been disclosed on reports previously required to be filed. (B) If a candidate withdraws from the campaign, the candidate shall notify the county clerk in writing of the withdrawal; and (6) If a candidate keeps remaining campaign funds after an election, the candidate shall continue filing the reports required by this subsection.

(1) (A) For each year in which a candidate is not listed on a ballot for election, file an annual report of all contributions received and expenditures made during that year. (B) The annual report shall be filed no later than fifteen (15) days after the end of the year;

(A) For each year in which a candidate is not listed on a ballot for election, file an annual report of all contributions received and expenditures made during that year.

(B) The annual report shall be filed no later than fifteen (15) days after the end of the year;

(2) No later than seven (7) days prior to any preferential primary election, runoff election, general election, or special election in which the candidate's name appears on the ballot, file a preelection report of all contributions received and expenditures made between the period covered by the previous report, if any, and the period ten (10) days before the election. In case of a runoff election, the report shall cover all contributions received and expenditures made during that period of time that begins after the date of the election from which the runoff arose and ends ten (10) days before the runoff election;

(3) No later than thirty (30) days after the end of the month in which the candidate's name has appeared on the ballot in any preferential primary election, runoff election, general election, or special election, or when only one (1) candidate qualifies for a particular office or position and no position or name of an unopposed candidate shall appear on a ballot, file a final report of all contributions received and expenditures made that have not been disclosed on reports previously required to be filed. A final report is required regardless of whether a candidate has received contributions or made expenditures in excess of five hundred dollars ($500);

(4) File supplemental reports of all contributions received and expenditures made after the date of preparation of the final report, and the supplemental reports shall be filed within thirty (30) days after the receipt of a contribution or the making of an expenditure;

(5) (A) No later than thirty (30) days after the end of the month in which the candidate has withdrawn, a final report of all contributions received and expenditures made that have not been disclosed on reports previously required to be filed. (B) If a candidate withdraws from the campaign, the candidate shall notify the county clerk in writing of the withdrawal; and

(A) No later than thirty (30) days after the end of the month in which the candidate has withdrawn, a final report of all contributions received and expenditures made that have not been disclosed on reports previously required to be filed.

(B) If a candidate withdraws from the campaign, the candidate shall notify the county clerk in writing of the withdrawal; and

(6) If a candidate keeps remaining campaign funds after an election, the candidate shall continue filing the reports required by this subsection.

(b) Contents of Reports. (1) The contribution and expenditure reports required by subsection (a) of this section shall indicate: (A) The total amount of contributions received with loans stated separately, the total amount of expenditures made during the filing periods, and the cumulative amount of those totals for the entire election cycle; (B) The name and address of each person, including the candidate, who made a contribution or contributions that in the aggregate exceeded two hundred dollars ($200); (C) The contributor's principal place of business, employer, occupation, the amount contributed, the date the contribution was accepted by the candidate, and the aggregate contributed for each election; (D) The name and address of each person, including the candidate, who contributed a nonmonetary item, together with a description of the item, the date of receipt, and the value, not including volunteer service by individuals; (E) An itemization of all single expenditures made that exceeded one hundred dollars ($100), including the amount of the expenditure, the name and address of any person, including the candidate, to whom the expenditure was made, and the date the expenditure was made; (F) A list of all paid campaign workers and the amount the workers were paid; (G) A list of all expenditures by categories, including, but not limited to: (i) Television, radio, print, or other advertising; (ii) Direct mail; (iii) Office supplies; (iv) Rent; (v) Travel; (vi) Expenses; (vii) Entertainment; and (viii) Telephone; (H) The total amount of all nonitemized expenditures made during the filing period; and (I) The current balance of campaign funds. (2) (A) When the candidate's campaign has ended, the final report shall also indicate which option under § 7-6-203(g) was used to dispose of any surplus of campaign funds, the amount of funds disposed of by the candidate, and the amount of funds retained by the candidate in accordance with § 7-6-201(3) [repealed]. (B) If the candidate's campaign has not ended, disposal of campaign funds is not required and the candidate may carry forward any remaining funds in the campaign to the general primary election, general election, or general runoff election for that same office. (3) (A) Not later than fourteen (14) days after the deadline for filing for office, the county clerk shall notify each candidate in person or by mail of the deadlines for filing the ten-day preelection and final reports required by subsection (a) of this section and, at that time, furnish each candidate with the appropriate forms and instructions for complying with the deadlines. (B) If notice is sent by mail, then the notice shall be postmarked within fourteen (14) days after the deadline for filing for office.

(1) The contribution and expenditure reports required by subsection (a) of this section shall indicate: (A) The total amount of contributions received with loans stated separately, the total amount of expenditures made during the filing periods, and the cumulative amount of those totals for the entire election cycle; (B) The name and address of each person, including the candidate, who made a contribution or contributions that in the aggregate exceeded two hundred dollars ($200); (C) The contributor's principal place of business, employer, occupation, the amount contributed, the date the contribution was accepted by the candidate, and the aggregate contributed for each election; (D) The name and address of each person, including the candidate, who contributed a nonmonetary item, together with a description of the item, the date of receipt, and the value, not including volunteer service by individuals; (E) An itemization of all single expenditures made that exceeded one hundred dollars ($100), including the amount of the expenditure, the name and address of any person, including the candidate, to whom the expenditure was made, and the date the expenditure was made; (F) A list of all paid campaign workers and the amount the workers were paid; (G) A list of all expenditures by categories, including, but not limited to: (i) Television, radio, print, or other advertising; (ii) Direct mail; (iii) Office supplies; (iv) Rent; (v) Travel; (vi) Expenses; (vii) Entertainment; and (viii) Telephone; (H) The total amount of all nonitemized expenditures made during the filing period; and (I) The current balance of campaign funds.

(A) The total amount of contributions received with loans stated separately, the total amount of expenditures made during the filing periods, and the cumulative amount of those totals for the entire election cycle;

(B) The name and address of each person, including the candidate, who made a contribution or contributions that in the aggregate exceeded two hundred dollars ($200);

(C) The contributor's principal place of business, employer, occupation, the amount contributed, the date the contribution was accepted by the candidate, and the aggregate contributed for each election;

(D) The name and address of each person, including the candidate, who contributed a nonmonetary item, together with a description of the item, the date of receipt, and the value, not including volunteer service by individuals;

(E) An itemization of all single expenditures made that exceeded one hundred dollars ($100), including the amount of the expenditure, the name and address of any person, including the candidate, to whom the expenditure was made, and the date the expenditure was made;

(F) A list of all paid campaign workers and the amount the workers were paid;

(G) A list of all expenditures by categories, including, but not limited to: (i) Television, radio, print, or other advertising; (ii) Direct mail; (iii) Office supplies; (iv) Rent; (v) Travel; (vi) Expenses; (vii) Entertainment; and (viii) Telephone;

(i) Television, radio, print, or other advertising;

(ii) Direct mail;

(iii) Office supplies;

(iv) Rent;

(v) Travel;

(vi) Expenses;

(vii) Entertainment; and

(viii) Telephone;

(H) The total amount of all nonitemized expenditures made during the filing period; and

(I) The current balance of campaign funds.

(2) (A) When the candidate's campaign has ended, the final report shall also indicate which option under § 7-6-203(g) was used to dispose of any surplus of campaign funds, the amount of funds disposed of by the candidate, and the amount of funds retained by the candidate in accordance with § 7-6-201(3) [repealed]. (B) If the candidate's campaign has not ended, disposal of campaign funds is not required and the candidate may carry forward any remaining funds in the campaign to the general primary election, general election, or general runoff election for that same office.

(A) When the candidate's campaign has ended, the final report shall also indicate which option under § 7-6-203(g) was used to dispose of any surplus of campaign funds, the amount of funds disposed of by the candidate, and the amount of funds retained by the candidate in accordance with § 7-6-201(3) [repealed].

(B) If the candidate's campaign has not ended, disposal of campaign funds is not required and the candidate may carry forward any remaining funds in the campaign to the general primary election, general election, or general runoff election for that same office.

(3) (A) Not later than fourteen (14) days after the deadline for filing for office, the county clerk shall notify each candidate in person or by mail of the deadlines for filing the ten-day preelection and final reports required by subsection (a) of this section and, at that time, furnish each candidate with the appropriate forms and instructions for complying with the deadlines. (B) If notice is sent by mail, then the notice shall be postmarked within fourteen (14) days after the deadline for filing for office.

(A) Not later than fourteen (14) days after the deadline for filing for office, the county clerk shall notify each candidate in person or by mail of the deadlines for filing the ten-day preelection and final reports required by subsection (a) of this section and, at that time, furnish each candidate with the appropriate forms and instructions for complying with the deadlines.

(B) If notice is sent by mail, then the notice shall be postmarked within fourteen (14) days after the deadline for filing for office.

(c) Filing of Reports. The reports required by this section shall be filed with the county clerk in the county in which the election is held. Reports shall be filed on the appropriate forms furnished by the Secretary of State.

(d) Reports Not Required. (1) A candidate who has not received contributions or made expenditures in excess of five hundred dollars ($500) shall not be required to file any preelection reports required under subdivision (a)(1) of this section. In calculating the amount of contributions received or expenditures made for purposes of this exception, the payment of the filing fee from the candidate's personal funds shall not be considered as either a contribution or an expenditure. (2) The preelection reports referenced in subdivision (a)(1) of this section are required only for candidates with opponents in those elections.

(1) A candidate who has not received contributions or made expenditures in excess of five hundred dollars ($500) shall not be required to file any preelection reports required under subdivision (a)(1) of this section. In calculating the amount of contributions received or expenditures made for purposes of this exception, the payment of the filing fee from the candidate's personal funds shall not be considered as either a contribution or an expenditure.

(2) The preelection reports referenced in subdivision (a)(1) of this section are required only for candidates with opponents in those elections.

Amended by Act 2023, No. 753,§ 5, eff. 8/1/2023.

Amended by Act 2021, No. 737,§ 11, eff. 7/28/2021.

Amended by Act 2019, No. 240,§ 5, eff. 7/24/2019.

Amended by Act 2013, No. 382,§ 5, eff. 8/16/2013.

Acts 1975, No. 788, § 3; 1977, No. 312, § 1; A.S.A. 1947, § 3-1111; Acts 1987, No. 246, § 2; 1993, No. 1243, § 3; Init. Meas. 1996, No. 1, § 6; Acts 1999, No. 553, §§ 10-12; 2001, No. 1839, § 6; 2003, No. 195, § 5; 2007, No. 221, § 7; 2009, No. 1204, § 5; 2011, No. 721, § 8.
Ark. Code Ann. § 7-5-532 — AR Code / Title 7 / Chapter 5 / Subchapter 5 / Section 7-5-532
Direct-recording electronic voting machines - Definitions
Status: in_force

(a) For purposes of this section: (1) "Direct-recording electronic voting machine" means a voting machine that: (A) Records votes by means of a ballot display provided with mechanical or electro-optical components that may be actuated by the voter; (B) Processes the data by means of a computer program; (C) Records voting data and ballot images in internal or external memory components; and (D) Produces a tabulation of the voting data stored in a removable memory component and in a printed copy; and (2) "Voter-verified paper audit trail" means a contemporaneous paper record of a ballot printed for the voter to confirm his or her votes before the voter casts his or her ballot. (b) The Secretary of State or the county shall not purchase or procure a direct-recording electronic voting machine that does not include a voter-verified paper audit trail. (c) (1) All direct-recording electronic voting machines in use on or after January 1, 2006, shall include a voter-verified paper audit trail, except for those direct-recording electronic voting machines in use during the 2004 general election. (2) All direct-recording electronic voting machines purchased on or after August 12, 2005, shall include a voter-verified paper audit trail. (d) A direct-recording electronic voting machine with a voter-verified paper audit trail shall meet the following conditions: (1) The voter-verified paper audit trail may be verified by the voter before the casting of the voter's ballot; (2) The voter-verified paper audit trail shall not be retained by the voter; (3) The voter-verified paper audit trail shall not contain individual voter information; (4) The paper used in producing the voter-verified paper audit trail shall be sturdy, clean, and resistant to degradation; and (5) The voter-verified paper audit trail shall be readable in a manner that makes the voter's ballot choices obvious to the voter without the use of computer or electronic code. (e) Voter-verified paper audit trails shall be preserved in the same manner and for the same time period that ballots and certificates are preserved under § 7-5-702 . Amended by Act 2013, No. 1126,§ 6, eff. 8/16/2013. Acts 2005, No. 654, § 2; 2007, No. 835, § 7; 2009, No. 959, § 28.

(a) For purposes of this section: (1) "Direct-recording electronic voting machine" means a voting machine that: (A) Records votes by means of a ballot display provided with mechanical or electro-optical components that may be actuated by the voter; (B) Processes the data by means of a computer program; (C) Records voting data and ballot images in internal or external memory components; and (D) Produces a tabulation of the voting data stored in a removable memory component and in a printed copy; and (2) "Voter-verified paper audit trail" means a contemporaneous paper record of a ballot printed for the voter to confirm his or her votes before the voter casts his or her ballot.

(1) "Direct-recording electronic voting machine" means a voting machine that: (A) Records votes by means of a ballot display provided with mechanical or electro-optical components that may be actuated by the voter; (B) Processes the data by means of a computer program; (C) Records voting data and ballot images in internal or external memory components; and (D) Produces a tabulation of the voting data stored in a removable memory component and in a printed copy; and

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

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

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

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

(2) "Voter-verified paper audit trail" means a contemporaneous paper record of a ballot printed for the voter to confirm his or her votes before the voter casts his or her ballot.

(b) The Secretary of State or the county shall not purchase or procure a direct-recording electronic voting machine that does not include a voter-verified paper audit trail.

(c) (1) All direct-recording electronic voting machines in use on or after January 1, 2006, shall include a voter-verified paper audit trail, except for those direct-recording electronic voting machines in use during the 2004 general election. (2) All direct-recording electronic voting machines purchased on or after August 12, 2005, shall include a voter-verified paper audit trail.

(1) All direct-recording electronic voting machines in use on or after January 1, 2006, shall include a voter-verified paper audit trail, except for those direct-recording electronic voting machines in use during the 2004 general election.

(2) All direct-recording electronic voting machines purchased on or after August 12, 2005, shall include a voter-verified paper audit trail.

(d) A direct-recording electronic voting machine with a voter-verified paper audit trail shall meet the following conditions: (1) The voter-verified paper audit trail may be verified by the voter before the casting of the voter's ballot; (2) The voter-verified paper audit trail shall not be retained by the voter; (3) The voter-verified paper audit trail shall not contain individual voter information; (4) The paper used in producing the voter-verified paper audit trail shall be sturdy, clean, and resistant to degradation; and (5) The voter-verified paper audit trail shall be readable in a manner that makes the voter's ballot choices obvious to the voter without the use of computer or electronic code.

(1) The voter-verified paper audit trail may be verified by the voter before the casting of the voter's ballot;

(2) The voter-verified paper audit trail shall not be retained by the voter;

(3) The voter-verified paper audit trail shall not contain individual voter information;

(4) The paper used in producing the voter-verified paper audit trail shall be sturdy, clean, and resistant to degradation; and

(5) The voter-verified paper audit trail shall be readable in a manner that makes the voter's ballot choices obvious to the voter without the use of computer or electronic code.

(e) Voter-verified paper audit trails shall be preserved in the same manner and for the same time period that ballots and certificates are preserved under § 7-5-702 .

Amended by Act 2013, No. 1126,§ 6, eff. 8/16/2013.

Acts 2005, No. 654, § 2; 2007, No. 835, § 7; 2009, No. 959, § 28.
Ark. Code Ann. § 7-7-304 — AR Code / Title 7 / Chapter 7 / Subchapter 3 / Section 7-7-304
Names to be included on ballots - Withdrawal - Unopposed candidates - Designation of position - Necessity of general primary
Status: in_force

(a) (1) The Secretary of State shall certify to all county boards of election commissioners full lists of the names of all candidates who have filed party certificates with him or her to be placed on the ballots in their respective counties at the preferential primary election not less than: (A) Seventy-five (75) days before a preferential primary election that is held in May under § 7-7-203 ; and (B) Ninety-two (92) days before a preferential primary election that is held in March under § 7-7-203 . (2) A name of a person shall not be certified and shall not be placed on the ballot if prior to the certification deadline a candidate: (A) Notifies the Secretary of State in writing, signed by the candidate and acknowledged before an officer authorized to take acknowledgements, of his or her desire to withdraw as a candidate for the office or position; or (B) Dies. (b) (1) The county clerk shall certify to the county board of election commissioners full lists of the names of all candidates who have filed party certificates with him or her to be placed on the ballot at the preferential primary election not less than: (A) Seventy-five (75) days before a preferential primary election that is held in May under § 7-7-203 ; and (B) Ninety-two (92) days before a preferential primary election that is held in March under § 7-7-203 . (2) A name of a person shall not be certified and shall not be placed on the ballot if prior to the certification deadline a candidate: (A) Notifies the county clerk in writing, signed by the candidate and acknowledged before an officer authorized to take acknowledgements, of his or her desire to withdraw as a candidate for the office or position; or (B) Dies. (c) (1) The votes received by a person whose name appeared on the preferential primary ballot and who withdrew or died after the certification of the ballot shall be counted. (2) If the person receives enough votes to win the nomination, a vacancy in nomination shall exist. (3) If the person receives enough votes to advance to the general primary election, the person's name shall be printed on the general primary election ballot. (4) If the person receives enough votes to win the general primary election, a vacancy in nomination shall exist. (d) When only one (1) candidate qualifies for a particular office or position, the office or position and the name of the unopposed candidate shall be printed on the political party's ballot in all primary elections. (e) (1) When there are two (2) or more nominees to be selected for the same office, such as state senator, state representative, justice of the peace, council member, or for any other office, the proper committee shall require the candidates to designate in writing a particular position, i.e., "position number one (1)", "position number two (2)", "position number three (3)", etc., at the time that a party pledge is required to be filed with the secretary of the committee. (2) When a candidate has once filed and designated for a certain position, that candidate shall not be permitted to thereafter change the position. (f) (1) If at the preferential primary election for a political party a candidate receives a majority of the votes cast for that office or position, the person shall be declared the party nominee and it shall not be necessary for the candidate's name to appear on the ballot at the general primary election. (2) If no candidate receives a majority of the votes cast for an office or position at the preferential primary for a political party, the names of the two (2) candidates of the political party who received the highest number of votes for an office or a position shall be placed upon the ballots at the general primary election. Amended by Act 2019, No. 1013,§ 3, eff. 7/24/2019. Amended by Act 2019, No. 545,§ 3, eff. 7/24/2019. Amended by Act 2017, No. 879,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 730,§ 4, eff. 8/1/2017. Amended by Act 2015EX1, No. 4,§ 2, eff. 5/29/2015, expires 12/31/2016. Acts 1969, No. 465, Art. 1, § 10; 1971, No. 261, § 4; A.S.A. 1947, § 3-110; Acts 1989, No. 912, § 5; 1995, No. 901, § 8; 2003, No. 332, § 1; 2007, No. 1020, § 15; 2007, No. 1049, § 26; 2009, No. 1480, § 44; 2011, No. 1185, § 10.

(a) (1) The Secretary of State shall certify to all county boards of election commissioners full lists of the names of all candidates who have filed party certificates with him or her to be placed on the ballots in their respective counties at the preferential primary election not less than: (A) Seventy-five (75) days before a preferential primary election that is held in May under § 7-7-203 ; and (B) Ninety-two (92) days before a preferential primary election that is held in March under § 7-7-203 . (2) A name of a person shall not be certified and shall not be placed on the ballot if prior to the certification deadline a candidate: (A) Notifies the Secretary of State in writing, signed by the candidate and acknowledged before an officer authorized to take acknowledgements, of his or her desire to withdraw as a candidate for the office or position; or (B) Dies.

(1) The Secretary of State shall certify to all county boards of election commissioners full lists of the names of all candidates who have filed party certificates with him or her to be placed on the ballots in their respective counties at the preferential primary election not less than: (A) Seventy-five (75) days before a preferential primary election that is held in May under § 7-7-203 ; and (B) Ninety-two (92) days before a preferential primary election that is held in March under § 7-7-203 .

(A) Seventy-five (75) days before a preferential primary election that is held in May under § 7-7-203 ; and

(B) Ninety-two (92) days before a preferential primary election that is held in March under § 7-7-203 .

(2) A name of a person shall not be certified and shall not be placed on the ballot if prior to the certification deadline a candidate: (A) Notifies the Secretary of State in writing, signed by the candidate and acknowledged before an officer authorized to take acknowledgements, of his or her desire to withdraw as a candidate for the office or position; or (B) Dies.

(A) Notifies the Secretary of State in writing, signed by the candidate and acknowledged before an officer authorized to take acknowledgements, of his or her desire to withdraw as a candidate for the office or position; or

(B) Dies.

(b) (1) The county clerk shall certify to the county board of election commissioners full lists of the names of all candidates who have filed party certificates with him or her to be placed on the ballot at the preferential primary election not less than: (A) Seventy-five (75) days before a preferential primary election that is held in May under § 7-7-203 ; and (B) Ninety-two (92) days before a preferential primary election that is held in March under § 7-7-203 . (2) A name of a person shall not be certified and shall not be placed on the ballot if prior to the certification deadline a candidate: (A) Notifies the county clerk in writing, signed by the candidate and acknowledged before an officer authorized to take acknowledgements, of his or her desire to withdraw as a candidate for the office or position; or (B) Dies.

(1) The county clerk shall certify to the county board of election commissioners full lists of the names of all candidates who have filed party certificates with him or her to be placed on the ballot at the preferential primary election not less than: (A) Seventy-five (75) days before a preferential primary election that is held in May under § 7-7-203 ; and (B) Ninety-two (92) days before a preferential primary election that is held in March under § 7-7-203 .

(A) Seventy-five (75) days before a preferential primary election that is held in May under § 7-7-203 ; and

(B) Ninety-two (92) days before a preferential primary election that is held in March under § 7-7-203 .

(2) A name of a person shall not be certified and shall not be placed on the ballot if prior to the certification deadline a candidate: (A) Notifies the county clerk in writing, signed by the candidate and acknowledged before an officer authorized to take acknowledgements, of his or her desire to withdraw as a candidate for the office or position; or (B) Dies.

(A) Notifies the county clerk in writing, signed by the candidate and acknowledged before an officer authorized to take acknowledgements, of his or her desire to withdraw as a candidate for the office or position; or

(B) Dies.

(c) (1) The votes received by a person whose name appeared on the preferential primary ballot and who withdrew or died after the certification of the ballot shall be counted. (2) If the person receives enough votes to win the nomination, a vacancy in nomination shall exist. (3) If the person receives enough votes to advance to the general primary election, the person's name shall be printed on the general primary election ballot. (4) If the person receives enough votes to win the general primary election, a vacancy in nomination shall exist.

(1) The votes received by a person whose name appeared on the preferential primary ballot and who withdrew or died after the certification of the ballot shall be counted.

(2) If the person receives enough votes to win the nomination, a vacancy in nomination shall exist.

(3) If the person receives enough votes to advance to the general primary election, the person's name shall be printed on the general primary election ballot.

(4) If the person receives enough votes to win the general primary election, a vacancy in nomination shall exist.

(d) When only one (1) candidate qualifies for a particular office or position, the office or position and the name of the unopposed candidate shall be printed on the political party's ballot in all primary elections.

(e) (1) When there are two (2) or more nominees to be selected for the same office, such as state senator, state representative, justice of the peace, council member, or for any other office, the proper committee shall require the candidates to designate in writing a particular position, i.e., "position number one (1)", "position number two (2)", "position number three (3)", etc., at the time that a party pledge is required to be filed with the secretary of the committee. (2) When a candidate has once filed and designated for a certain position, that candidate shall not be permitted to thereafter change the position.

(1) When there are two (2) or more nominees to be selected for the same office, such as state senator, state representative, justice of the peace, council member, or for any other office, the proper committee shall require the candidates to designate in writing a particular position, i.e., "position number one (1)", "position number two (2)", "position number three (3)", etc., at the time that a party pledge is required to be filed with the secretary of the committee.

(2) When a candidate has once filed and designated for a certain position, that candidate shall not be permitted to thereafter change the position.

(f) (1) If at the preferential primary election for a political party a candidate receives a majority of the votes cast for that office or position, the person shall be declared the party nominee and it shall not be necessary for the candidate's name to appear on the ballot at the general primary election. (2) If no candidate receives a majority of the votes cast for an office or position at the preferential primary for a political party, the names of the two (2) candidates of the political party who received the highest number of votes for an office or a position shall be placed upon the ballots at the general primary election.

(1) If at the preferential primary election for a political party a candidate receives a majority of the votes cast for that office or position, the person shall be declared the party nominee and it shall not be necessary for the candidate's name to appear on the ballot at the general primary election.

(2) If no candidate receives a majority of the votes cast for an office or position at the preferential primary for a political party, the names of the two (2) candidates of the political party who received the highest number of votes for an office or a position shall be placed upon the ballots at the general primary election.

Amended by Act 2019, No. 1013,§ 3, eff. 7/24/2019.

Amended by Act 2019, No. 545,§ 3, eff. 7/24/2019.

Amended by Act 2017, No. 879,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 730,§ 4, eff. 8/1/2017.

Amended by Act 2015EX1, No. 4,§ 2, eff. 5/29/2015, expires 12/31/2016.

Acts 1969, No. 465, Art. 1, § 10; 1971, No. 261, § 4; A.S.A. 1947, § 3-110; Acts 1989, No. 912, § 5; 1995, No. 901, § 8; 2003, No. 332, § 1; 2007, No. 1020, § 15; 2007, No. 1049, § 26; 2009, No. 1480, § 44; 2011, No. 1185, § 10.
Ark. Code Ann. § 7-9-601 — AR Code / Title 7 / Chapter 9 / Subchapter 6 / Section 7-9-601
Hiring and training of paid canvassers - Definitions
Status: in_force

(a) (1) A person shall not provide money or anything of value to another person for obtaining signatures on a statewide initiative petition or statewide referendum petition unless the person receiving the money or item of value meets the requirements of this section. (2) Before a signature is solicited by a paid canvasser the sponsor shall: (A) Provide the paid canvasser with a copy of the most recent edition of the Secretary of State's initiatives and referenda handbook; (B) Explain the Arkansas law applicable to obtaining signatures on an initiative or referendum petition to the canvasser; (C) (i) Provide a complete list of all paid canvassers' names and current residential addresses to the Secretary of State. (ii) If additional paid canvassers agree to solicit signatures on behalf of a sponsor after the complete list is provided, the sponsor shall provide an updated list of all paid canvassers' names and current residential addresses to the Secretary of State; (D) Submit to the Secretary of State a copy of the signed statement provided by the paid canvasser under subdivision (d)(3) of this section; (E) Instruct the paid canvasser to provide the sponsor sufficient information of the paid canvasser's identity to allow the sponsor to obtain the criminal history and criminal record of the paid canvasser within thirty (30) days before the date that the paid canvasser begins collecting signatures; (F) Obtain the criminal history and criminal record of the paid canvasser; and (G) Contact the appropriate authority in the state or jurisdiction if a paid canvasser's criminal history and criminal record indicate an open or pending criminal charge that constitutes a disqualifying offense to determine the ultimate disposition or current status of the charge. (3) Upon filing the petition with the Secretary of State, the sponsor shall submit to the Secretary of State a: (A) Final list of the names and current residential addresses of each paid canvasser; and (B) Signature card for each paid canvasser. (b) (1) To verify that there are no disqualifying offenses on record, a sponsor shall obtain, at the sponsor's cost, from the Division of Arkansas State Police, a current state criminal history and criminal record search on every paid canvasser to be registered with the Secretary of State. (2) The criminal history and criminal record search required by this section shall be obtained within thirty (30) days before the date that the paid canvasser begins collecting signatures. (3) Upon submission of the sponsor's list of paid canvassers to the Secretary of State, the sponsor shall certify to the Secretary of State that each paid canvasser in the sponsor's employ has no disqualifying offenses in accordance with this section. (4) A willful violation of this section by a sponsor or paid canvasser constitutes a Class A misdemeanor. (5) The sponsor shall bear the ultimate burden of proving that a paid canvasser registered by the sponsor does not have a disqualifying offense in an administrative proceeding or judicial proceeding. (c) As used in this section, "paid canvasser" means a person who is paid or with whom there is an agreement to pay money or anything of value before or after a signature on an initiative or referendum petition is solicited in exchange for soliciting a signature on a petition. (d) Before obtaining a signature on an initiative or referendum petition as a paid canvasser, the prospective canvasser shall submit in person or by mail to the sponsor: (1) The full name and any assumed name of the person; (2) The current residence address of the person and the person's permanent domicile address if the person's permanent domicile address is different from the person's current residence address; (3) (A) A signed statement taken under oath or solemn affirmation stating that the person has not pleaded guilty or nolo contendere to or been found guilty of a disqualifying offense in any state of the United States, the District of Columbia, Puerto Rico, Guam, or any other United States protectorate. (B) As used in this section, "disqualifying offense" means: (i) A felony; (ii) A violation of the election laws; (iii) Fraud; (iv) Forgery; (v) Counterfeiting; (vi) Identity theft; (vii) A crime of violence, including assault, battery, or intimidation; (viii) Harassment; (ix) Terroristic threatening; (x) A sex offense, including sexual harassment; (xi) A violation of the drug and narcotics laws; (xii) Breaking and entering; (xiii) Trespass; (xiv) Destruction or damage of property; (xv) Vandalism; (xvi) Arson; or (xvii) A crime of theft, including robbery, burglary, and simple theft or larceny; (4) A signed statement that the person has read and understands the Arkansas law applicable to obtaining signatures on an initiative or referendum petition; and (5) A signed statement that the person has been provided a copy of the most recent edition of the Secretary of State's initiatives and referenda handbook by the sponsor. (e) A sponsor shall maintain the information required under this section for each paid canvasser for three (3) years after the general election. (f) Signatures incorrectly obtained or submitted under this section shall not be counted by the Secretary of State for any purpose. (g) (1) It is unlawful for a person to pay or offer to pay a person, or receive payment or agree to receive payment, on a basis related to the number of signatures obtained on a statewide initiative petition or statewide referendum petition. (2) This subsection does not prohibit compensation for circulating petitions but only compensation for obtaining signatures when the compensation or compensation level is impacted by or related to the number of signatures obtained. (3) A signature obtained in violation of this subsection is void and shall not be counted. (4) A violation under this subsection is a Class A misdemeanor. Amended by Act 2021, No. 951,§ 7, eff. 4/27/2021. Amended by Act 2021, No. 951,§ 6, eff. 4/27/2021. Amended by Act 2021, No. 951,§ 5, eff. 4/27/2021. Amended by Act 2021, No. 951,§ 4, eff. 4/27/2021. Amended by Act 2021, No. 951,§ 3, eff. 4/27/2021. Amended by Act 2019, No. 376,§ 13, eff. 3/8/2019. Amended by Act 2017, No. 1104,§ 6, eff. 8/1/2017. Amended by Act 2015, No. 1219,§ 4, eff. 7/22/2015. Added by Act 2013, No. 1413,§ 21, eff. 4/22/2013.

(a) (1) A person shall not provide money or anything of value to another person for obtaining signatures on a statewide initiative petition or statewide referendum petition unless the person receiving the money or item of value meets the requirements of this section. (2) Before a signature is solicited by a paid canvasser the sponsor shall: (A) Provide the paid canvasser with a copy of the most recent edition of the Secretary of State's initiatives and referenda handbook; (B) Explain the Arkansas law applicable to obtaining signatures on an initiative or referendum petition to the canvasser; (C) (i) Provide a complete list of all paid canvassers' names and current residential addresses to the Secretary of State. (ii) If additional paid canvassers agree to solicit signatures on behalf of a sponsor after the complete list is provided, the sponsor shall provide an updated list of all paid canvassers' names and current residential addresses to the Secretary of State; (D) Submit to the Secretary of State a copy of the signed statement provided by the paid canvasser under subdivision (d)(3) of this section; (E) Instruct the paid canvasser to provide the sponsor sufficient information of the paid canvasser's identity to allow the sponsor to obtain the criminal history and criminal record of the paid canvasser within thirty (30) days before the date that the paid canvasser begins collecting signatures; (F) Obtain the criminal history and criminal record of the paid canvasser; and (G) Contact the appropriate authority in the state or jurisdiction if a paid canvasser's criminal history and criminal record indicate an open or pending criminal charge that constitutes a disqualifying offense to determine the ultimate disposition or current status of the charge. (3) Upon filing the petition with the Secretary of State, the sponsor shall submit to the Secretary of State a: (A) Final list of the names and current residential addresses of each paid canvasser; and (B) Signature card for each paid canvasser.

(1) A person shall not provide money or anything of value to another person for obtaining signatures on a statewide initiative petition or statewide referendum petition unless the person receiving the money or item of value meets the requirements of this section.

(2) Before a signature is solicited by a paid canvasser the sponsor shall: (A) Provide the paid canvasser with a copy of the most recent edition of the Secretary of State's initiatives and referenda handbook; (B) Explain the Arkansas law applicable to obtaining signatures on an initiative or referendum petition to the canvasser; (C) (i) Provide a complete list of all paid canvassers' names and current residential addresses to the Secretary of State. (ii) If additional paid canvassers agree to solicit signatures on behalf of a sponsor after the complete list is provided, the sponsor shall provide an updated list of all paid canvassers' names and current residential addresses to the Secretary of State; (D) Submit to the Secretary of State a copy of the signed statement provided by the paid canvasser under subdivision (d)(3) of this section; (E) Instruct the paid canvasser to provide the sponsor sufficient information of the paid canvasser's identity to allow the sponsor to obtain the criminal history and criminal record of the paid canvasser within thirty (30) days before the date that the paid canvasser begins collecting signatures; (F) Obtain the criminal history and criminal record of the paid canvasser; and (G) Contact the appropriate authority in the state or jurisdiction if a paid canvasser's criminal history and criminal record indicate an open or pending criminal charge that constitutes a disqualifying offense to determine the ultimate disposition or current status of the charge.

(A) Provide the paid canvasser with a copy of the most recent edition of the Secretary of State's initiatives and referenda handbook;

(B) Explain the Arkansas law applicable to obtaining signatures on an initiative or referendum petition to the canvasser;

(C) (i) Provide a complete list of all paid canvassers' names and current residential addresses to the Secretary of State. (ii) If additional paid canvassers agree to solicit signatures on behalf of a sponsor after the complete list is provided, the sponsor shall provide an updated list of all paid canvassers' names and current residential addresses to the Secretary of State;

(i) Provide a complete list of all paid canvassers' names and current residential addresses to the Secretary of State.

(ii) If additional paid canvassers agree to solicit signatures on behalf of a sponsor after the complete list is provided, the sponsor shall provide an updated list of all paid canvassers' names and current residential addresses to the Secretary of State;

(D) Submit to the Secretary of State a copy of the signed statement provided by the paid canvasser under subdivision (d)(3) of this section;

(E) Instruct the paid canvasser to provide the sponsor sufficient information of the paid canvasser's identity to allow the sponsor to obtain the criminal history and criminal record of the paid canvasser within thirty (30) days before the date that the paid canvasser begins collecting signatures;

(F) Obtain the criminal history and criminal record of the paid canvasser; and

(G) Contact the appropriate authority in the state or jurisdiction if a paid canvasser's criminal history and criminal record indicate an open or pending criminal charge that constitutes a disqualifying offense to determine the ultimate disposition or current status of the charge.

(3) Upon filing the petition with the Secretary of State, the sponsor shall submit to the Secretary of State a: (A) Final list of the names and current residential addresses of each paid canvasser; and (B) Signature card for each paid canvasser.

(A) Final list of the names and current residential addresses of each paid canvasser; and

(B) Signature card for each paid canvasser.

(b) (1) To verify that there are no disqualifying offenses on record, a sponsor shall obtain, at the sponsor's cost, from the Division of Arkansas State Police, a current state criminal history and criminal record search on every paid canvasser to be registered with the Secretary of State. (2) The criminal history and criminal record search required by this section shall be obtained within thirty (30) days before the date that the paid canvasser begins collecting signatures. (3) Upon submission of the sponsor's list of paid canvassers to the Secretary of State, the sponsor shall certify to the Secretary of State that each paid canvasser in the sponsor's employ has no disqualifying offenses in accordance with this section. (4) A willful violation of this section by a sponsor or paid canvasser constitutes a Class A misdemeanor. (5) The sponsor shall bear the ultimate burden of proving that a paid canvasser registered by the sponsor does not have a disqualifying offense in an administrative proceeding or judicial proceeding.

(1) To verify that there are no disqualifying offenses on record, a sponsor shall obtain, at the sponsor's cost, from the Division of Arkansas State Police, a current state criminal history and criminal record search on every paid canvasser to be registered with the Secretary of State.

(2) The criminal history and criminal record search required by this section shall be obtained within thirty (30) days before the date that the paid canvasser begins collecting signatures.

(3) Upon submission of the sponsor's list of paid canvassers to the Secretary of State, the sponsor shall certify to the Secretary of State that each paid canvasser in the sponsor's employ has no disqualifying offenses in accordance with this section.

(4) A willful violation of this section by a sponsor or paid canvasser constitutes a Class A misdemeanor.

(5) The sponsor shall bear the ultimate burden of proving that a paid canvasser registered by the sponsor does not have a disqualifying offense in an administrative proceeding or judicial proceeding.

(c) As used in this section, "paid canvasser" means a person who is paid or with whom there is an agreement to pay money or anything of value before or after a signature on an initiative or referendum petition is solicited in exchange for soliciting a signature on a petition.

(d) Before obtaining a signature on an initiative or referendum petition as a paid canvasser, the prospective canvasser shall submit in person or by mail to the sponsor: (1) The full name and any assumed name of the person; (2) The current residence address of the person and the person's permanent domicile address if the person's permanent domicile address is different from the person's current residence address; (3) (A) A signed statement taken under oath or solemn affirmation stating that the person has not pleaded guilty or nolo contendere to or been found guilty of a disqualifying offense in any state of the United States, the District of Columbia, Puerto Rico, Guam, or any other United States protectorate. (B) As used in this section, "disqualifying offense" means: (i) A felony; (ii) A violation of the election laws; (iii) Fraud; (iv) Forgery; (v) Counterfeiting; (vi) Identity theft; (vii) A crime of violence, including assault, battery, or intimidation; (viii) Harassment; (ix) Terroristic threatening; (x) A sex offense, including sexual harassment; (xi) A violation of the drug and narcotics laws; (xii) Breaking and entering; (xiii) Trespass; (xiv) Destruction or damage of property; (xv) Vandalism; (xvi) Arson; or (xvii) A crime of theft, including robbery, burglary, and simple theft or larceny; (4) A signed statement that the person has read and understands the Arkansas law applicable to obtaining signatures on an initiative or referendum petition; and (5) A signed statement that the person has been provided a copy of the most recent edition of the Secretary of State's initiatives and referenda handbook by the sponsor.

(1) The full name and any assumed name of the person;

(2) The current residence address of the person and the person's permanent domicile address if the person's permanent domicile address is different from the person's current residence address;

(3) (A) A signed statement taken under oath or solemn affirmation stating that the person has not pleaded guilty or nolo contendere to or been found guilty of a disqualifying offense in any state of the United States, the District of Columbia, Puerto Rico, Guam, or any other United States protectorate. (B) As used in this section, "disqualifying offense" means: (i) A felony; (ii) A violation of the election laws; (iii) Fraud; (iv) Forgery; (v) Counterfeiting; (vi) Identity theft; (vii) A crime of violence, including assault, battery, or intimidation; (viii) Harassment; (ix) Terroristic threatening; (x) A sex offense, including sexual harassment; (xi) A violation of the drug and narcotics laws; (xii) Breaking and entering; (xiii) Trespass; (xiv) Destruction or damage of property; (xv) Vandalism; (xvi) Arson; or (xvii) A crime of theft, including robbery, burglary, and simple theft or larceny;

(A) A signed statement taken under oath or solemn affirmation stating that the person has not pleaded guilty or nolo contendere to or been found guilty of a disqualifying offense in any state of the United States, the District of Columbia, Puerto Rico, Guam, or any other United States protectorate.

(B) As used in this section, "disqualifying offense" means: (i) A felony; (ii) A violation of the election laws; (iii) Fraud; (iv) Forgery; (v) Counterfeiting; (vi) Identity theft; (vii) A crime of violence, including assault, battery, or intimidation; (viii) Harassment; (ix) Terroristic threatening; (x) A sex offense, including sexual harassment; (xi) A violation of the drug and narcotics laws; (xii) Breaking and entering; (xiii) Trespass; (xiv) Destruction or damage of property; (xv) Vandalism; (xvi) Arson; or (xvii) A crime of theft, including robbery, burglary, and simple theft or larceny;

(i) A felony;

(ii) A violation of the election laws;

(iii) Fraud;

(iv) Forgery;

(v) Counterfeiting;

(vi) Identity theft;

(vii) A crime of violence, including assault, battery, or intimidation;

(viii) Harassment;

(ix) Terroristic threatening;

(x) A sex offense, including sexual harassment;

(xi) A violation of the drug and narcotics laws;

(xii) Breaking and entering;

(xiii) Trespass;

(xiv) Destruction or damage of property;

(xv) Vandalism;

(xvi) Arson; or

(xvii) A crime of theft, including robbery, burglary, and simple theft or larceny;

(4) A signed statement that the person has read and understands the Arkansas law applicable to obtaining signatures on an initiative or referendum petition; and

(5) A signed statement that the person has been provided a copy of the most recent edition of the Secretary of State's initiatives and referenda handbook by the sponsor.

(e) A sponsor shall maintain the information required under this section for each paid canvasser for three (3) years after the general election.

(f) Signatures incorrectly obtained or submitted under this section shall not be counted by the Secretary of State for any purpose.

(g) (1) It is unlawful for a person to pay or offer to pay a person, or receive payment or agree to receive payment, on a basis related to the number of signatures obtained on a statewide initiative petition or statewide referendum petition. (2) This subsection does not prohibit compensation for circulating petitions but only compensation for obtaining signatures when the compensation or compensation level is impacted by or related to the number of signatures obtained. (3) A signature obtained in violation of this subsection is void and shall not be counted. (4) A violation under this subsection is a Class A misdemeanor.

(1) It is unlawful for a person to pay or offer to pay a person, or receive payment or agree to receive payment, on a basis related to the number of signatures obtained on a statewide initiative petition or statewide referendum petition.

(2) This subsection does not prohibit compensation for circulating petitions but only compensation for obtaining signatures when the compensation or compensation level is impacted by or related to the number of signatures obtained.

(3) A signature obtained in violation of this subsection is void and shall not be counted.

(4) A violation under this subsection is a Class A misdemeanor.

Amended by Act 2021, No. 951,§ 7, eff. 4/27/2021.

Amended by Act 2021, No. 951,§ 6, eff. 4/27/2021.

Amended by Act 2021, No. 951,§ 5, eff. 4/27/2021.

Amended by Act 2021, No. 951,§ 4, eff. 4/27/2021.

Amended by Act 2021, No. 951,§ 3, eff. 4/27/2021.

Amended by Act 2019, No. 376,§ 13, eff. 3/8/2019.

Amended by Act 2017, No. 1104,§ 6, eff. 8/1/2017.

Amended by Act 2015, No. 1219,§ 4, eff. 7/22/2015.

Added by Act 2013, No. 1413,§ 21, eff. 4/22/2013.
Ark. Code Ann. § 7-5-410 — AR Code / Title 7 / Chapter 5 / Subchapter 4 / Section 7-5-410
Instructions and notice included with voting materials - Other enclosures prohibited
Status: in_force

It shall be unlawful for any person to place any notice, advertising material, or other advice with the material delivered or mailed to the applicant, other than instructions as to the method of casting an absentee ballot including a procedure to be followed by absentee voters such as express information covering the type or types of writing instruments which may be used to mark the absentee ballot, preferably pen or indelible pencil, the consequences of voting for more than one (1) candidate for a particular office, and notice of the last day on which the ballot may be received and counted. The instructions and notice shall not be signed by the name of any person. Acts 1969, No. 465, Art. 9, § 9; 1971, No. 261, § 27; A.S.A. 1947, § 3-909; Acts 2009, No. 959, § 17.

It shall be unlawful for any person to place any notice, advertising material, or other advice with the material delivered or mailed to the applicant, other than instructions as to the method of casting an absentee ballot including a procedure to be followed by absentee voters such as express information covering the type or types of writing instruments which may be used to mark the absentee ballot, preferably pen or indelible pencil, the consequences of voting for more than one (1) candidate for a particular office, and notice of the last day on which the ballot may be received and counted. The instructions and notice shall not be signed by the name of any person.

Acts 1969, No. 465, Art. 9, § 9; 1971, No. 261, § 27; A.S.A. 1947, § 3-909; Acts 2009, No. 959, § 17.
Ark. Code Ann. § 7-6-102 — AR Code / Title 7 / Chapter 6 / Subchapter 1 / Section 7-6-102
Political practices pledge - Penalty for falsification
Status: in_force

(a) (1) Candidates for political party nominations for state or district offices shall file with the Secretary of State and candidates for county, municipal, or township offices shall file with the county clerk of the county during the filing period set out in § 7-7-203 for the preferential primary election a pledge in writing stating that they are familiar with the requirements of §§ 7-1-103 , 7-1-104 , 7-3-108 , 7-6-101 , 7-6-103 , 7-6-104 , and this section and will comply in good faith with their terms. (2) An independent candidate or school district candidate shall file the political practices pledge at the time of filing the petition for nomination. (3) Independent candidates for municipal office shall file the political practices pledge with the county clerk at the time of filing the petition for nomination. (4) Write-in candidates shall file the political practices pledge at the time of filing the notice to be a write-in candidate. (5) A nonpartisan candidate paying filing fees in accordance with § 7-10-103(b) shall file the political practices pledge at the time of filing for office. (6) A nonpartisan candidate filing by petition according to § 7-10-103(c) shall file the political practices pledge at the time of filing the petition. (b) All political practices pledge forms for state or district offices and county, municipal, or township offices shall contain the following additional pledge: "I hereby certify that I have never been convicted of a felony in Arkansas or in any other jurisdiction outside of Arkansas." (c) Any person who has been convicted of a felony and signs the pledge stating that he or she has not been convicted of a felony shall be guilty of a Class D felony. (d) For purposes of this section, a person shall be qualified to be a candidate for a state, district, county, municipal, and township office and may certify that he or she has never been convicted of a felony if his or her record was expunged in accordance with §§ 16-93-301 - 16-93-303 , or a similar expunction statute in another state if the candidate presents a certificate of expunction from the court that convicted the candidate. (e) (1) The name of a candidate who fails to sign and file the pledge shall not appear on the ballot. (2) (A) Within two (2) days of the date the pledge is required to be filed, the Secretary of State or the county clerk shall notify by certified mail that requires a return receipt signed by the candidate those candidates who have failed to file a signed political practice pledge and include a copy of the written pledge required by this section. (B) Failure of the state or district candidate to file with the Secretary of State or of the county, municipal, or township candidate to file with the county clerk within five (5) days of receipt or refusal of this notice shall prevent the candidate's name from appearing on the ballot. Amended by Act 2013, No. 1110,§ 6, eff. 8/16/2013. Acts 1969, No. 465, Art. 11, § 3; 1970 (Ex. Sess.), No. 27, § 1; 1972 (Ex. Sess.), No. 37, § 3; 1972 (Ex. Sess.), No. 42, § 3; 1983, No. 244, § 1; A.S.A. 1947, §§ 3-1103, 3-1103.1; Acts 1987, No. 248, § 10; 1989, No. 755, § 1; 1989, No. 912, § 3; 1995, No. 665, § 2; 1997, No. 886, § 1; 2003, No. 542, § 1; 2003, No. 1731, § 2; 2005, No. 67, § 15; 2007, No. 222, § 1; 2007, No. 1049, § 20.

(a) (1) Candidates for political party nominations for state or district offices shall file with the Secretary of State and candidates for county, municipal, or township offices shall file with the county clerk of the county during the filing period set out in § 7-7-203 for the preferential primary election a pledge in writing stating that they are familiar with the requirements of §§ 7-1-103 , 7-1-104 , 7-3-108 , 7-6-101 , 7-6-103 , 7-6-104 , and this section and will comply in good faith with their terms. (2) An independent candidate or school district candidate shall file the political practices pledge at the time of filing the petition for nomination. (3) Independent candidates for municipal office shall file the political practices pledge with the county clerk at the time of filing the petition for nomination. (4) Write-in candidates shall file the political practices pledge at the time of filing the notice to be a write-in candidate. (5) A nonpartisan candidate paying filing fees in accordance with § 7-10-103(b) shall file the political practices pledge at the time of filing for office. (6) A nonpartisan candidate filing by petition according to § 7-10-103(c) shall file the political practices pledge at the time of filing the petition.

(1) Candidates for political party nominations for state or district offices shall file with the Secretary of State and candidates for county, municipal, or township offices shall file with the county clerk of the county during the filing period set out in § 7-7-203 for the preferential primary election a pledge in writing stating that they are familiar with the requirements of §§ 7-1-103 , 7-1-104 , 7-3-108 , 7-6-101 , 7-6-103 , 7-6-104 , and this section and will comply in good faith with their terms.

(2) An independent candidate or school district candidate shall file the political practices pledge at the time of filing the petition for nomination.

(3) Independent candidates for municipal office shall file the political practices pledge with the county clerk at the time of filing the petition for nomination.

(4) Write-in candidates shall file the political practices pledge at the time of filing the notice to be a write-in candidate.

(5) A nonpartisan candidate paying filing fees in accordance with § 7-10-103(b) shall file the political practices pledge at the time of filing for office.

(6) A nonpartisan candidate filing by petition according to § 7-10-103(c) shall file the political practices pledge at the time of filing the petition.

(b) All political practices pledge forms for state or district offices and county, municipal, or township offices shall contain the following additional pledge: "I hereby certify that I have never been convicted of a felony in Arkansas or in any other jurisdiction outside of Arkansas."

"I hereby certify that I have never been convicted of a felony in Arkansas or in any other jurisdiction outside of Arkansas."

(c) Any person who has been convicted of a felony and signs the pledge stating that he or she has not been convicted of a felony shall be guilty of a Class D felony.

(d) For purposes of this section, a person shall be qualified to be a candidate for a state, district, county, municipal, and township office and may certify that he or she has never been convicted of a felony if his or her record was expunged in accordance with §§ 16-93-301 - 16-93-303 , or a similar expunction statute in another state if the candidate presents a certificate of expunction from the court that convicted the candidate.

(e) (1) The name of a candidate who fails to sign and file the pledge shall not appear on the ballot. (2) (A) Within two (2) days of the date the pledge is required to be filed, the Secretary of State or the county clerk shall notify by certified mail that requires a return receipt signed by the candidate those candidates who have failed to file a signed political practice pledge and include a copy of the written pledge required by this section. (B) Failure of the state or district candidate to file with the Secretary of State or of the county, municipal, or township candidate to file with the county clerk within five (5) days of receipt or refusal of this notice shall prevent the candidate's name from appearing on the ballot.

(1) The name of a candidate who fails to sign and file the pledge shall not appear on the ballot.

(2) (A) Within two (2) days of the date the pledge is required to be filed, the Secretary of State or the county clerk shall notify by certified mail that requires a return receipt signed by the candidate those candidates who have failed to file a signed political practice pledge and include a copy of the written pledge required by this section. (B) Failure of the state or district candidate to file with the Secretary of State or of the county, municipal, or township candidate to file with the county clerk within five (5) days of receipt or refusal of this notice shall prevent the candidate's name from appearing on the ballot.

(A) Within two (2) days of the date the pledge is required to be filed, the Secretary of State or the county clerk shall notify by certified mail that requires a return receipt signed by the candidate those candidates who have failed to file a signed political practice pledge and include a copy of the written pledge required by this section.

(B) Failure of the state or district candidate to file with the Secretary of State or of the county, municipal, or township candidate to file with the county clerk within five (5) days of receipt or refusal of this notice shall prevent the candidate's name from appearing on the ballot.

Amended by Act 2013, No. 1110,§ 6, eff. 8/16/2013.

Acts 1969, No. 465, Art. 11, § 3; 1970 (Ex. Sess.), No. 27, § 1; 1972 (Ex. Sess.), No. 37, § 3; 1972 (Ex. Sess.), No. 42, § 3; 1983, No. 244, § 1; A.S.A. 1947, §§ 3-1103, 3-1103.1; Acts 1987, No. 248, § 10; 1989, No. 755, § 1; 1989, No. 912, § 3; 1995, No. 665, § 2; 1997, No. 886, § 1; 2003, No. 542, § 1; 2003, No. 1731, § 2; 2005, No. 67, § 15; 2007, No. 222, § 1; 2007, No. 1049, § 20.
Ark. Code Ann. § 7-5-529 — AR Code / Title 7 / Chapter 5 / Subchapter 5 / Section 7-5-529
Tabulation of returns
Status: in_force

(a) The county board of election commissioners shall compile countywide totals from the activation pack or device used to collect votes from each voting machine. (b) Prior to certification of the official election results, the county board of election commissioners shall manually compile countywide totals from the polling location's certified return records and verify that they match the electronically derived totals from the activation pack or device used to collect votes from each machine. Acts 1969, No. 465, Art. 12, § 28; A.S.A. 1947, § 3-1228; Acts 1997, No. 446, § 22; 2005, No. 2233, § 31.

(a) The county board of election commissioners shall compile countywide totals from the activation pack or device used to collect votes from each voting machine.

(b) Prior to certification of the official election results, the county board of election commissioners shall manually compile countywide totals from the polling location's certified return records and verify that they match the electronically derived totals from the activation pack or device used to collect votes from each machine.

Acts 1969, No. 465, Art. 12, § 28; A.S.A. 1947, § 3-1228; Acts 1997, No. 446, § 22; 2005, No. 2233, § 31.
Ark. Code Ann. § 7-5-201 — AR Code / Title 7 / Chapter 5 / Subchapter 2 / Section 7-5-201
Voter qualification
Status: in_force

(a) To be qualified to vote, a person shall have registered at least thirty (30) calendar days immediately prior to the election and in the manner set forth by Arkansas Constitution, Amendment 51. (b) "Voting residence" shall be a voter's domicile and shall be governed by the following provisions: (1) The domicile of a person is that place in which his or her habitation is fixed and to which he or she has the intention to return whenever he or she is absent; (2) A change of domicile is made only by the act of abandonment, joined with the intent to remain in another place. A person can have only one (1) domicile at any given time; (3) A person does not lose his or her domicile if he or she temporarily leaves his or her home and goes to another country, state, or place in this state with the intent of returning; (4) The place where a person's family resides is presumed to be his or her place of domicile, but a person may acquire a separate residence if he or she takes another abode with the intention of remaining there; (5) A married person may be considered to have a domicile separate from that of his or her spouse for the purposes of voting or holding office. For those purposes, domicile is determined as if the person were single; and (6) Persons who are temporarily living in a particular place because of a temporary work-related assignment or duty post or as a result of their performing duties in connection with their status as military personnel, students, or office holders shall be deemed residents of that place where they established their home prior to beginning such assignments or duties. (c) No person may be qualified to vote in more than one (1) precinct of any county at any one (1) time. (d) (1) Except as provided in subdivision (d)(2) of this section and subsection (e) of this section, any person desiring to vote in this state shall: (A) Present verification of voter registration to the election official when appearing to vote in person either early or at the polls on election day; or (B) When voting by absentee ballot, submit with the ballot verification of voter registration unless the voter is: (i) An active duty member of the uniformed services of the United States who is absent from the county on election day because of his or her service; (ii) A member of the United States Merchant Marine who is absent from the county on election day because of his or her service in the United States Merchant Marine; (iii) The spouse or dependent of a member identified in subdivision (d)(1)(B)(i) or subdivision (d)(1)(B)(ii) of this section who is absent from the county on election day because of the active duty or service of the member; or (iv) A member of the Arkansas National Guard who is on state active duty and absent from the county on election day. (2) (A) A person who is a resident of a long-term care or residential care facility licensed by the state is not required to present verification of voter registration before voting. (B) A person not required to present verification of voter registration under subdivision (d)(2)(A) of this section shall provide documentation from the administrator of the facility, attesting that the person is a resident of the facility. (e) (1) A person registering to vote by mail and who has not previously voted in a federal election in this state shall: (A) Present to the election official a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter when appearing to vote in person either early or at the polls on election day; or (B) When voting by mail, submit with the ballot a copy of a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter. (2) A person under subdivision (e)(1) of this section shall comply with requirements under this subsection in lieu of complying with subsection (d) of this section. (3) The provision of subdivision (e)(1) of this section does not include: (A) Persons whose applications are transmitted by state or federal voter registration agencies; (B) Persons who are covered by the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq.; (C) Persons covered by the Voting Accessibility for the Elderly and Handicapped Act, 52 U.S.C. § 20101 et seq.; (D) Persons who are entitled to vote otherwise than in person under any other federal law; (E) Persons who register to vote by mail and submit as part of the registration any of the identification documents listed in subdivision (e)(1) of this section; or (F) Persons who register to vote by mail and submit with the registration either a driver's license number or at least the last four (4) digits of the individual's Social Security number and with respect to whom a state or local election official matches the license number or Social Security number with an existing state identification record bearing the same number, name, and date of birth as provided in the registration. (f) Any person who receives an absentee ballot according to the precinct voter registration list but who elects to vote by early voting or to vote at his or her polling site on election day shall be permitted to cast a provisional ballot. Amended by Act 2019, No. 462,§ 6, eff. 7/24/2019. Amended by Act 2017, No. 633,§ 5, eff. 8/1/2017. Amended by Act 2013, No. 595,§ 3, 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. Amended by Act 2013, No. 595,§ 2, 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, § 7; A.S.A. 1947, § 3-707; Acts 1987, No. 248, § 7; 1993, No. 716, § 1; 1995, No. 930, § 2; 1995, No. 941, § 2; 1999, No. 1462, § 1; 1999, No. 1471, § 1; 2003, No. 994, § 2; 2005, No. 2193, § 1; 2007, No. 560, § 2.

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

(b) "Voting residence" shall be a voter's domicile and shall be governed by the following provisions: (1) The domicile of a person is that place in which his or her habitation is fixed and to which he or she has the intention to return whenever he or she is absent; (2) A change of domicile is made only by the act of abandonment, joined with the intent to remain in another place. A person can have only one (1) domicile at any given time; (3) A person does not lose his or her domicile if he or she temporarily leaves his or her home and goes to another country, state, or place in this state with the intent of returning; (4) The place where a person's family resides is presumed to be his or her place of domicile, but a person may acquire a separate residence if he or she takes another abode with the intention of remaining there; (5) A married person may be considered to have a domicile separate from that of his or her spouse for the purposes of voting or holding office. For those purposes, domicile is determined as if the person were single; and (6) Persons who are temporarily living in a particular place because of a temporary work-related assignment or duty post or as a result of their performing duties in connection with their status as military personnel, students, or office holders shall be deemed residents of that place where they established their home prior to beginning such assignments or duties.

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

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

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

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

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

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

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

(d) (1) Except as provided in subdivision (d)(2) of this section and subsection (e) of this section, any person desiring to vote in this state shall: (A) Present verification of voter registration to the election official when appearing to vote in person either early or at the polls on election day; or (B) When voting by absentee ballot, submit with the ballot verification of voter registration unless the voter is: (i) An active duty member of the uniformed services of the United States who is absent from the county on election day because of his or her service; (ii) A member of the United States Merchant Marine who is absent from the county on election day because of his or her service in the United States Merchant Marine; (iii) The spouse or dependent of a member identified in subdivision (d)(1)(B)(i) or subdivision (d)(1)(B)(ii) of this section who is absent from the county on election day because of the active duty or service of the member; or (iv) A member of the Arkansas National Guard who is on state active duty and absent from the county on election day. (2) (A) A person who is a resident of a long-term care or residential care facility licensed by the state is not required to present verification of voter registration before voting. (B) A person not required to present verification of voter registration under subdivision (d)(2)(A) of this section shall provide documentation from the administrator of the facility, attesting that the person is a resident of the facility.

(1) Except as provided in subdivision (d)(2) of this section and subsection (e) of this section, any person desiring to vote in this state shall: (A) Present verification of voter registration to the election official when appearing to vote in person either early or at the polls on election day; or (B) When voting by absentee ballot, submit with the ballot verification of voter registration unless the voter is: (i) An active duty member of the uniformed services of the United States who is absent from the county on election day because of his or her service; (ii) A member of the United States Merchant Marine who is absent from the county on election day because of his or her service in the United States Merchant Marine; (iii) The spouse or dependent of a member identified in subdivision (d)(1)(B)(i) or subdivision (d)(1)(B)(ii) of this section who is absent from the county on election day because of the active duty or service of the member; or (iv) A member of the Arkansas National Guard who is on state active duty and absent from the county on election day.

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

(B) When voting by absentee ballot, submit with the ballot verification of voter registration unless the voter is: (i) An active duty member of the uniformed services of the United States who is absent from the county on election day because of his or her service; (ii) A member of the United States Merchant Marine who is absent from the county on election day because of his or her service in the United States Merchant Marine; (iii) The spouse or dependent of a member identified in subdivision (d)(1)(B)(i) or subdivision (d)(1)(B)(ii) of this section who is absent from the county on election day because of the active duty or service of the member; or (iv) A member of the Arkansas National Guard who is on state active duty and absent from the county on election day.

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

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

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

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

(2) (A) A person who is a resident of a long-term care or residential care facility licensed by the state is not required to present verification of voter registration before voting. (B) A person not required to present verification of voter registration under subdivision (d)(2)(A) of this section shall provide documentation from the administrator of the facility, attesting that the person is a resident of the facility.

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

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

(e) (1) A person registering to vote by mail and who has not previously voted in a federal election in this state shall: (A) Present to the election official a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter when appearing to vote in person either early or at the polls on election day; or (B) When voting by mail, submit with the ballot a copy of a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter. (2) A person under subdivision (e)(1) of this section shall comply with requirements under this subsection in lieu of complying with subsection (d) of this section. (3) The provision of subdivision (e)(1) of this section does not include: (A) Persons whose applications are transmitted by state or federal voter registration agencies; (B) Persons who are covered by the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq.; (C) Persons covered by the Voting Accessibility for the Elderly and Handicapped Act, 52 U.S.C. § 20101 et seq.; (D) Persons who are entitled to vote otherwise than in person under any other federal law; (E) Persons who register to vote by mail and submit as part of the registration any of the identification documents listed in subdivision (e)(1) of this section; or (F) Persons who register to vote by mail and submit with the registration either a driver's license number or at least the last four (4) digits of the individual's Social Security number and with respect to whom a state or local election official matches the license number or Social Security number with an existing state identification record bearing the same number, name, and date of birth as provided in the registration.

(1) A person registering to vote by mail and who has not previously voted in a federal election in this state shall: (A) Present to the election official a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter when appearing to vote in person either early or at the polls on election day; or (B) When voting by mail, submit with the ballot a copy of a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter.

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

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

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

(3) The provision of subdivision (e)(1) of this section does not include: (A) Persons whose applications are transmitted by state or federal voter registration agencies; (B) Persons who are covered by the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq.; (C) Persons covered by the Voting Accessibility for the Elderly and Handicapped Act, 52 U.S.C. § 20101 et seq.; (D) Persons who are entitled to vote otherwise than in person under any other federal law; (E) Persons who register to vote by mail and submit as part of the registration any of the identification documents listed in subdivision (e)(1) of this section; or (F) Persons who register to vote by mail and submit with the registration either a driver's license number or at least the last four (4) digits of the individual's Social Security number and with respect to whom a state or local election official matches the license number or Social Security number with an existing state identification record bearing the same number, name, and date of birth as provided in the registration.

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

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

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

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

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

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

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

Amended by Act 2019, No. 462,§ 6, eff. 7/24/2019.

Amended by Act 2017, No. 633,§ 5, eff. 8/1/2017.

Amended by Act 2013, No. 595,§ 3, 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.

Amended by Act 2013, No. 595,§ 2, 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, § 7; A.S.A. 1947, § 3-707; Acts 1987, No. 248, § 7; 1993, No. 716, § 1; 1995, No. 930, § 2; 1995, No. 941, § 2; 1999, No. 1462, § 1; 1999, No. 1471, § 1; 2003, No. 994, § 2; 2005, No. 2193, § 1; 2007, No. 560, § 2.
Ark. Code Ann. § 7-4-121 — AR Code / Title 7 / Chapter 4 / Subchapter 1 / Section 7-4-121
Election audits
Status: in_force

(a) (1) The State Board of Election Commissioners shall audit the results of each preferential primary election and general election to ensure the integrity and accuracy of the voting process. (2) When conducting a post-election audit of the election results, the State Board of Election Commissioners shall: (A) Select by lot the counties, polling sites, early voting locations, and vote centers to be audited; (B) Select a sufficient number of early voting locations, polling sites, and vote centers to obtain a meaningful sample; (C) Select the counties to be audited no less than sixty (60) days following the date of the general election; (D) Conduct the audit by using the voter-verified paper audit trail; (E) (i) Compile a report detailing the findings of this audit. (ii) The report filed under this subdivision (a)(2)(E): (a) Is not a recount; (b) Has no legal effect on the outcome of any election subject to the audit; and (c) Shall be made public and disseminated to any person upon request; and (F) Securely maintain any county election records obtained for the purpose of conducting an audit. (3) The Secretary of State may, at his or her discretion, provide additional staff to assist in conducting any audit under this subsection. (b) (1) The county clerk, county board of election commissioners, or other county election official for a county that is audited under this section shall provide documents, records, or access to election equipment requested by the State Board of Election Commissioners to the State Board of Election Commissioners upon request. (2) If the county clerk, county board of election commissioners, or other county election official of the county willfully fails to comply with a request made under subdivision (b)(1) of this section, and the State Board of Election Commissioners is not able to obtain the requested information through other means, the State Board of Election Commissioners may: (A) Find that the county in violation of subdivision (b)(1) of this section has forfeited reimbursement of state-funded election expenses for a period of up to two (2) years; and (B) Elect to withhold reimbursement of state-funded election expenses to the county for a period of up to two (2) years. (c) (1) An audit shall be performed by the State Board of Election Commissioners of the voter registration data to ensure voter registration data is accurate and up to date. (2) The audit shall be performed annually by December 31. (3) The results of the audit shall be made publicly available on the State Board of Election Commissioners' website. Amended by Act 2023, No. 620,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 441,§ 13, eff. 8/1/2023. Added by Act 2019, No. 888,§ 2, eff. 7/24/2019. Act 2023, No. 441provides that this act shall be known and may be cited as the "Voter Registration and Secure Voter Records Act of 2023"

(a) (1) The State Board of Election Commissioners shall audit the results of each preferential primary election and general election to ensure the integrity and accuracy of the voting process. (2) When conducting a post-election audit of the election results, the State Board of Election Commissioners shall: (A) Select by lot the counties, polling sites, early voting locations, and vote centers to be audited; (B) Select a sufficient number of early voting locations, polling sites, and vote centers to obtain a meaningful sample; (C) Select the counties to be audited no less than sixty (60) days following the date of the general election; (D) Conduct the audit by using the voter-verified paper audit trail; (E) (i) Compile a report detailing the findings of this audit. (ii) The report filed under this subdivision (a)(2)(E): (a) Is not a recount; (b) Has no legal effect on the outcome of any election subject to the audit; and (c) Shall be made public and disseminated to any person upon request; and (F) Securely maintain any county election records obtained for the purpose of conducting an audit. (3) The Secretary of State may, at his or her discretion, provide additional staff to assist in conducting any audit under this subsection.

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

(2) When conducting a post-election audit of the election results, the State Board of Election Commissioners shall: (A) Select by lot the counties, polling sites, early voting locations, and vote centers to be audited; (B) Select a sufficient number of early voting locations, polling sites, and vote centers to obtain a meaningful sample; (C) Select the counties to be audited no less than sixty (60) days following the date of the general election; (D) Conduct the audit by using the voter-verified paper audit trail; (E) (i) Compile a report detailing the findings of this audit. (ii) The report filed under this subdivision (a)(2)(E): (a) Is not a recount; (b) Has no legal effect on the outcome of any election subject to the audit; and (c) Shall be made public and disseminated to any person upon request; and (F) Securely maintain any county election records obtained for the purpose of conducting an audit.

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

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

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

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

(E) (i) Compile a report detailing the findings of this audit. (ii) The report filed under this subdivision (a)(2)(E): (a) Is not a recount; (b) Has no legal effect on the outcome of any election subject to the audit; and (c) Shall be made public and disseminated to any person upon request; and

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

(ii) The report filed under this subdivision (a)(2)(E): (a) Is not a recount; (b) Has no legal effect on the outcome of any election subject to the audit; and (c) Shall be made public and disseminated to any person upon request; and

(a) Is not a recount;

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

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

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

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

(b) (1) The county clerk, county board of election commissioners, or other county election official for a county that is audited under this section shall provide documents, records, or access to election equipment requested by the State Board of Election Commissioners to the State Board of Election Commissioners upon request. (2) If the county clerk, county board of election commissioners, or other county election official of the county willfully fails to comply with a request made under subdivision (b)(1) of this section, and the State Board of Election Commissioners is not able to obtain the requested information through other means, the State Board of Election Commissioners may: (A) Find that the county in violation of subdivision (b)(1) of this section has forfeited reimbursement of state-funded election expenses for a period of up to two (2) years; and (B) Elect to withhold reimbursement of state-funded election expenses to the county for a period of up to two (2) years.

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

(2) If the county clerk, county board of election commissioners, or other county election official of the county willfully fails to comply with a request made under subdivision (b)(1) of this section, and the State Board of Election Commissioners is not able to obtain the requested information through other means, the State Board of Election Commissioners may: (A) Find that the county in violation of subdivision (b)(1) of this section has forfeited reimbursement of state-funded election expenses for a period of up to two (2) years; and (B) Elect to withhold reimbursement of state-funded election expenses to the county for a period of up to two (2) years.

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

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

(c) (1) An audit shall be performed by the State Board of Election Commissioners of the voter registration data to ensure voter registration data is accurate and up to date. (2) The audit shall be performed annually by December 31. (3) The results of the audit shall be made publicly available on the State Board of Election Commissioners' website.

(1) An audit shall be performed by the State Board of Election Commissioners of the voter registration data to ensure voter registration data is accurate and up to date.

(2) The audit shall be performed annually by December 31.

(3) The results of the audit shall be made publicly available on the State Board of Election Commissioners' website.

Amended by Act 2023, No. 620,§ 4, eff. 8/1/2023.

Amended by Act 2023, No. 441,§ 13, eff. 8/1/2023.

Added by Act 2019, No. 888,§ 2, eff. 7/24/2019.

Act 2023, No. 441provides that this act shall be known and may be cited as the "Voter Registration and Secure Voter Records Act of 2023"
Ark. Code Ann. § 7-5-706 — AR Code / Title 7 / Chapter 5 / Subchapter 7 / Section 7-5-706
Presentation of list of legislators elected
Status: in_force

It shall be the duty of the Secretary of State, on the first day of each regular session of the General Assembly, to lay before each house a list of members elected in accordance with the returns in his or her office. Acts 1969, No. 465, Art. 8, § 7; A.S.A. 1947, § 3-807.

It shall be the duty of the Secretary of State, on the first day of each regular session of the General Assembly, to lay before each house a list of members elected in accordance with the returns in his or her office.

Acts 1969, No. 465, Art. 8, § 7; A.S.A. 1947, § 3-807.
Ark. Code Ann. § 7-11-202 — AR Code / Title 7 / Chapter 11 / Subchapter 2 / Section 7-11-202
Calling special elections on state measures or questions
Status: in_force

(a) The document under § 7-11-201 calling the special election on a state measure or question shall be filed with the Secretary of State, who shall immediately transmit the document to the county board of election commissioners in each county where the special election is to be held. (b) The county board of election commissioners shall publish the document as soon as practicable in a newspaper of general circulation in the county in which the special election is held. Acts 2009, No. 1480, § 47.

(a) The document under § 7-11-201 calling the special election on a state measure or question shall be filed with the Secretary of State, who shall immediately transmit the document to the county board of election commissioners in each county where the special election is to be held.

(b) The county board of election commissioners shall publish the document as soon as practicable in a newspaper of general circulation in the county in which the special election is held.

Acts 2009, No. 1480, § 47.
Ark. Code Ann. § 7-9-102 — AR Code / Title 7 / Chapter 9 / Subchapter 1 / Section 7-9-102
Duties of election officers - Penalty for failure to perform
Status: in_force

(a) (1) The duties imposed by this act upon members of the State Board of Election Commissioners and county boards of election commissioners, election officials, and all other officers expressly named in this act are declared to be mandatory. (2) These duties shall be performed in good faith within the time and in the manner provided. (b) (1) If any member of any board, any election official, or any other officer so charged with the duty shall knowingly and willfully fail or refuse to perform his or her duty or shall knowingly and willfully commit a fraud in evading the performance of his or her duty, then he or she shall be guilty of a violation. (2) Upon conviction, he or she shall be fined any sum not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) and also shall be removed from office. Acts 1943, No. 195, § 12; A.S.A. 1947, § 2-223; Acts 1997, No. 646, § 2; 2005, No. 1994, § 74.

(a) (1) The duties imposed by this act upon members of the State Board of Election Commissioners and county boards of election commissioners, election officials, and all other officers expressly named in this act are declared to be mandatory. (2) These duties shall be performed in good faith within the time and in the manner provided.

(1) The duties imposed by this act upon members of the State Board of Election Commissioners and county boards of election commissioners, election officials, and all other officers expressly named in this act are declared to be mandatory.

(2) These duties shall be performed in good faith within the time and in the manner provided.

(b) (1) If any member of any board, any election official, or any other officer so charged with the duty shall knowingly and willfully fail or refuse to perform his or her duty or shall knowingly and willfully commit a fraud in evading the performance of his or her duty, then he or she shall be guilty of a violation. (2) Upon conviction, he or she shall be fined any sum not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) and also shall be removed from office.

(1) If any member of any board, any election official, or any other officer so charged with the duty shall knowingly and willfully fail or refuse to perform his or her duty or shall knowingly and willfully commit a fraud in evading the performance of his or her duty, then he or she shall be guilty of a violation.

(2) Upon conviction, he or she shall be fined any sum not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) and also shall be removed from office.

Acts 1943, No. 195, § 12; A.S.A. 1947, § 2-223; Acts 1997, No. 646, § 2; 2005, No. 1994, § 74.
Ark. Code Ann. § 7-5-207 — AR Code / Title 7 / Chapter 5 / Subchapter 2 / Section 7-5-207
Ballots - Names included - Draw for ballot position
Status: in_force

(a) (1) Except as provided in subdivision (a)(2) of this section, all election ballots provided by the county board of election commissioners of any county in this state for any election shall contain in the proper place the name of every candidate whose nomination for any office to be filled at that election has been certified to the county board of election commissioners and shall not contain the name of any candidate or person who has not been certified. (2) (A) Except as provided in subdivision (a)(2)(B) of this section, unopposed candidates for all offices, including school board positions, shall be declared and certified elected without the necessity of including those names on the general election ballot. (B) (i) In an election in which one (1) or more candidates are unopposed, the phrase "unopposed candidates" shall appear on the ballot, adjacent to a place in which the voter may cast a vote for all unopposed candidates by placing an appropriate mark. (ii) Votes received by an unopposed candidate in any election in this state may be counted or tabulated by the election officials for administrative purposes, but shall not be certified unless otherwise provided by law. (iii) Votes received by an unopposed candidate for the office of Governor, mayor, circuit clerk, or the office of a nonjudicial state elected official shall be counted or tabulated by the election officials and certified according to law. (iv) The names of all unopposed candidates for the office of Governor, mayor, circuit clerk, and the office of a nonjudicial state elected official shall be separately placed on the general election ballot, and the votes for mayor, Governor, circuit clerk, and a nonjudicial state elected official shall be tabulated as in all contested races. (v) All unopposed candidates, other than for the offices of Governor, mayor, circuit clerk, and the office of a nonjudicial state elected official, shall be declared and certified as elected in the same manner as if the candidate had been voted upon at the election. (b) No person's name shall be placed upon the ballot as a candidate for any public office in this state at any election unless the person is qualified and eligible at the time of filing, or as otherwise may be provided by law, as a candidate for the office to hold the public office for which he or she is a candidate, except if a person is not qualified to hold the office at the time of filing because of age alone, the name of the person shall be placed on the ballot as a candidate for the office if the person will qualify to hold the office at the time prescribed by law for taking office. (c) (1) The order in which the names of the candidates shall appear on the ballot shall be determined by lot at a public meeting of the county board of election commissioners not less than seventy-two (72) days before the general election. (2) Notice of the public meeting shall be given by publication in a newspaper of general circulation in the county at least three (3) days before the drawing. (3) For runoff elections, the ballot order for eligible candidates shall be the same as for the previous election leading to the runoff. (d) (1) Adjacent to the name of each candidate in the general election shall be: (A) His or her party designation; or (B) The term "INDEPENDENT" if he or she represents no officially recognized party. (2) Subdivision (d)(1) of this section does not apply to a: (A) Nonpartisan election; or (B) Nonpartisan municipal election. Amended by Act 2023, No. 647,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 448,§ 7, eff. 7/28/2021. Amended by Act 2019, No. 1013,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 254,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 597,§ 7, eff. 7/1/2019. Amended by Act 2017, No. 730,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 1110,§ 4, eff. 8/16/2013. Acts 1969, No. 465, Art. 6, § 13; 1971, No. 224, § 1; 1971, No. 261, §§ 20, 22; 1971, No. 355, §§ 1-3; 1971, No. 725, § 1; 1979, No. 389, § 1; A.S.A. 1947, §§ 3-613, 3-615; Acts 1997, No. 451, § 12; 2007, No. 1049, § 15; 2009, No. 959, § 6; 2009, No. 1480, § 19; 2011, No. 1185, § 6.

(a) (1) Except as provided in subdivision (a)(2) of this section, all election ballots provided by the county board of election commissioners of any county in this state for any election shall contain in the proper place the name of every candidate whose nomination for any office to be filled at that election has been certified to the county board of election commissioners and shall not contain the name of any candidate or person who has not been certified. (2) (A) Except as provided in subdivision (a)(2)(B) of this section, unopposed candidates for all offices, including school board positions, shall be declared and certified elected without the necessity of including those names on the general election ballot. (B) (i) In an election in which one (1) or more candidates are unopposed, the phrase "unopposed candidates" shall appear on the ballot, adjacent to a place in which the voter may cast a vote for all unopposed candidates by placing an appropriate mark. (ii) Votes received by an unopposed candidate in any election in this state may be counted or tabulated by the election officials for administrative purposes, but shall not be certified unless otherwise provided by law. (iii) Votes received by an unopposed candidate for the office of Governor, mayor, circuit clerk, or the office of a nonjudicial state elected official shall be counted or tabulated by the election officials and certified according to law. (iv) The names of all unopposed candidates for the office of Governor, mayor, circuit clerk, and the office of a nonjudicial state elected official shall be separately placed on the general election ballot, and the votes for mayor, Governor, circuit clerk, and a nonjudicial state elected official shall be tabulated as in all contested races. (v) All unopposed candidates, other than for the offices of Governor, mayor, circuit clerk, and the office of a nonjudicial state elected official, shall be declared and certified as elected in the same manner as if the candidate had been voted upon at the election.

(1) Except as provided in subdivision (a)(2) of this section, all election ballots provided by the county board of election commissioners of any county in this state for any election shall contain in the proper place the name of every candidate whose nomination for any office to be filled at that election has been certified to the county board of election commissioners and shall not contain the name of any candidate or person who has not been certified.

(2) (A) Except as provided in subdivision (a)(2)(B) of this section, unopposed candidates for all offices, including school board positions, shall be declared and certified elected without the necessity of including those names on the general election ballot. (B) (i) In an election in which one (1) or more candidates are unopposed, the phrase "unopposed candidates" shall appear on the ballot, adjacent to a place in which the voter may cast a vote for all unopposed candidates by placing an appropriate mark. (ii) Votes received by an unopposed candidate in any election in this state may be counted or tabulated by the election officials for administrative purposes, but shall not be certified unless otherwise provided by law. (iii) Votes received by an unopposed candidate for the office of Governor, mayor, circuit clerk, or the office of a nonjudicial state elected official shall be counted or tabulated by the election officials and certified according to law. (iv) The names of all unopposed candidates for the office of Governor, mayor, circuit clerk, and the office of a nonjudicial state elected official shall be separately placed on the general election ballot, and the votes for mayor, Governor, circuit clerk, and a nonjudicial state elected official shall be tabulated as in all contested races. (v) All unopposed candidates, other than for the offices of Governor, mayor, circuit clerk, and the office of a nonjudicial state elected official, shall be declared and certified as elected in the same manner as if the candidate had been voted upon at the election.

(A) Except as provided in subdivision (a)(2)(B) of this section, unopposed candidates for all offices, including school board positions, shall be declared and certified elected without the necessity of including those names on the general election ballot.

(B) (i) In an election in which one (1) or more candidates are unopposed, the phrase "unopposed candidates" shall appear on the ballot, adjacent to a place in which the voter may cast a vote for all unopposed candidates by placing an appropriate mark. (ii) Votes received by an unopposed candidate in any election in this state may be counted or tabulated by the election officials for administrative purposes, but shall not be certified unless otherwise provided by law. (iii) Votes received by an unopposed candidate for the office of Governor, mayor, circuit clerk, or the office of a nonjudicial state elected official shall be counted or tabulated by the election officials and certified according to law. (iv) The names of all unopposed candidates for the office of Governor, mayor, circuit clerk, and the office of a nonjudicial state elected official shall be separately placed on the general election ballot, and the votes for mayor, Governor, circuit clerk, and a nonjudicial state elected official shall be tabulated as in all contested races. (v) All unopposed candidates, other than for the offices of Governor, mayor, circuit clerk, and the office of a nonjudicial state elected official, shall be declared and certified as elected in the same manner as if the candidate had been voted upon at the election.

(i) In an election in which one (1) or more candidates are unopposed, the phrase "unopposed candidates" shall appear on the ballot, adjacent to a place in which the voter may cast a vote for all unopposed candidates by placing an appropriate mark.

(ii) Votes received by an unopposed candidate in any election in this state may be counted or tabulated by the election officials for administrative purposes, but shall not be certified unless otherwise provided by law.

(iii) Votes received by an unopposed candidate for the office of Governor, mayor, circuit clerk, or the office of a nonjudicial state elected official shall be counted or tabulated by the election officials and certified according to law.

(iv) The names of all unopposed candidates for the office of Governor, mayor, circuit clerk, and the office of a nonjudicial state elected official shall be separately placed on the general election ballot, and the votes for mayor, Governor, circuit clerk, and a nonjudicial state elected official shall be tabulated as in all contested races.

(v) All unopposed candidates, other than for the offices of Governor, mayor, circuit clerk, and the office of a nonjudicial state elected official, shall be declared and certified as elected in the same manner as if the candidate had been voted upon at the election.

(b) No person's name shall be placed upon the ballot as a candidate for any public office in this state at any election unless the person is qualified and eligible at the time of filing, or as otherwise may be provided by law, as a candidate for the office to hold the public office for which he or she is a candidate, except if a person is not qualified to hold the office at the time of filing because of age alone, the name of the person shall be placed on the ballot as a candidate for the office if the person will qualify to hold the office at the time prescribed by law for taking office.

(c) (1) The order in which the names of the candidates shall appear on the ballot shall be determined by lot at a public meeting of the county board of election commissioners not less than seventy-two (72) days before the general election. (2) Notice of the public meeting shall be given by publication in a newspaper of general circulation in the county at least three (3) days before the drawing. (3) For runoff elections, the ballot order for eligible candidates shall be the same as for the previous election leading to the runoff.

(1) The order in which the names of the candidates shall appear on the ballot shall be determined by lot at a public meeting of the county board of election commissioners not less than seventy-two (72) days before the general election.

(2) Notice of the public meeting shall be given by publication in a newspaper of general circulation in the county at least three (3) days before the drawing.

(3) For runoff elections, the ballot order for eligible candidates shall be the same as for the previous election leading to the runoff.

(d) (1) Adjacent to the name of each candidate in the general election shall be: (A) His or her party designation; or (B) The term "INDEPENDENT" if he or she represents no officially recognized party. (2) Subdivision (d)(1) of this section does not apply to a: (A) Nonpartisan election; or (B) Nonpartisan municipal election.

(1) Adjacent to the name of each candidate in the general election shall be: (A) His or her party designation; or (B) The term "INDEPENDENT" if he or she represents no officially recognized party.

(A) His or her party designation; or

(B) The term "INDEPENDENT" if he or she represents no officially recognized party.

(2) Subdivision (d)(1) of this section does not apply to a: (A) Nonpartisan election; or (B) Nonpartisan municipal election.

(A) Nonpartisan election; or

(B) Nonpartisan municipal election.

Amended by Act 2023, No. 647,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 448,§ 7, eff. 7/28/2021.

Amended by Act 2019, No. 1013,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 254,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 597,§ 7, eff. 7/1/2019.

Amended by Act 2017, No. 730,§ 1, eff. 8/1/2017.

Amended by Act 2013, No. 1110,§ 4, eff. 8/16/2013.

Acts 1969, No. 465, Art. 6, § 13; 1971, No. 224, § 1; 1971, No. 261, §§ 20, 22; 1971, No. 355, §§ 1-3; 1971, No. 725, § 1; 1979, No. 389, § 1; A.S.A. 1947, §§ 3-613, 3-615; Acts 1997, No. 451, § 12; 2007, No. 1049, § 15; 2009, No. 959, § 6; 2009, No. 1480, § 19; 2011, No. 1185, § 6.