Ark. Code Ann. § 7-4-123 — AR Code / Title 7 / Chapter 4 / Subchapter 1 / Section 7-4-123
Use of election expenses appropriation - Transfer of funds
Status: in_force

(a) Funds appropriated for election expenses may be used to cover the expenses of the State Board of Election Commissioners and any county board of election commissioners to conduct: (1) Preferential primary elections; (2) General primary elections; (3) Special primary elections; (4) Nonpartisan general elections; (5) Statewide special elections; (6) All training which the State Board of Election Commissioners is required by law to provide; and (7) The development, publication, hosting of training material online, or dissemination of materials related to a training which the State Board of Election Commissioners is required by law to provide. (b) The Director of the State Board of Election Commissioners shall certify to the Chief Fiscal Officer of the State the amount needed to pay the expenses of the election if: (1) The State Board of Election Commissioners is required to pay the expenses for any state-supported election in subsection (a) of this section; and (2) Funds are not available to pay for such elections. (c) (1) Upon the approval of the Chief Fiscal Officer of the State, the amount certified by the director under subsection (b) of this section shall be transferred from the Budget Stabilization Trust Fund to the Miscellaneous Agencies Fund Account for the benefit of the State Board of Election Commissioners. (2) All unused funds transferred under subdivision (c)(1) of this section shall be transferred back to the Budget Stabilization Trust Fund at the end of each fiscal year. (3) The Chief Fiscal Officer of the State shall initiate the necessary transfer documents to reflect all such transfers in the fiscal records of the: (A) Auditor of State; (B) Treasurer of State; and (C) Chief Fiscal Officer of the State. Added by Act 2023, No. 491,§ 7, eff. 7/1/2023.

(a) Funds appropriated for election expenses may be used to cover the expenses of the State Board of Election Commissioners and any county board of election commissioners to conduct: (1) Preferential primary elections; (2) General primary elections; (3) Special primary elections; (4) Nonpartisan general elections; (5) Statewide special elections; (6) All training which the State Board of Election Commissioners is required by law to provide; and (7) The development, publication, hosting of training material online, or dissemination of materials related to a training which the State Board of Election Commissioners is required by law to provide.

(1) Preferential primary elections;

(2) General primary elections;

(3) Special primary elections;

(4) Nonpartisan general elections;

(5) Statewide special elections;

(6) All training which the State Board of Election Commissioners is required by law to provide; and

(7) The development, publication, hosting of training material online, or dissemination of materials related to a training which the State Board of Election Commissioners is required by law to provide.

(b) The Director of the State Board of Election Commissioners shall certify to the Chief Fiscal Officer of the State the amount needed to pay the expenses of the election if: (1) The State Board of Election Commissioners is required to pay the expenses for any state-supported election in subsection (a) of this section; and (2) Funds are not available to pay for such elections.

(1) The State Board of Election Commissioners is required to pay the expenses for any state-supported election in subsection (a) of this section; and

(2) Funds are not available to pay for such elections.

(c) (1) Upon the approval of the Chief Fiscal Officer of the State, the amount certified by the director under subsection (b) of this section shall be transferred from the Budget Stabilization Trust Fund to the Miscellaneous Agencies Fund Account for the benefit of the State Board of Election Commissioners. (2) All unused funds transferred under subdivision (c)(1) of this section shall be transferred back to the Budget Stabilization Trust Fund at the end of each fiscal year. (3) The Chief Fiscal Officer of the State shall initiate the necessary transfer documents to reflect all such transfers in the fiscal records of the: (A) Auditor of State; (B) Treasurer of State; and (C) Chief Fiscal Officer of the State.

(1) Upon the approval of the Chief Fiscal Officer of the State, the amount certified by the director under subsection (b) of this section shall be transferred from the Budget Stabilization Trust Fund to the Miscellaneous Agencies Fund Account for the benefit of the State Board of Election Commissioners.

(2) All unused funds transferred under subdivision (c)(1) of this section shall be transferred back to the Budget Stabilization Trust Fund at the end of each fiscal year.

(3) The Chief Fiscal Officer of the State shall initiate the necessary transfer documents to reflect all such transfers in the fiscal records of the: (A) Auditor of State; (B) Treasurer of State; and (C) Chief Fiscal Officer of the State.

(A) Auditor of State;

(B) Treasurer of State; and

(C) Chief Fiscal Officer of the State.

Added by Act 2023, No. 491,§ 7, eff. 7/1/2023.
Ark. Code Ann. § 7-9-202 — AR Code / Title 7 / Chapter 9 / Subchapter 2 / Section 7-9-202
Enrollment and filing
Status: in_force

When any joint resolution proposing an amendment to the Arkansas Constitution shall have passed each house as prescribed in § 7-9-201 , it shall be enrolled and signed by the President of the Senate and the Speaker of the House of Representatives and filed in the office of the Secretary of State. Acts 1879, No. 80, § 2, p. 128; C. & M. Dig., § 1468; Acts 1923, No. 279, § 1; 1927, No. 206, § 2; Pope's Dig., § 1769; A.S.A. 1947, § 2-102.

When any joint resolution proposing an amendment to the Arkansas Constitution shall have passed each house as prescribed in § 7-9-201 , it shall be enrolled and signed by the President of the Senate and the Speaker of the House of Representatives and filed in the office of the Secretary of State.

Acts 1879, No. 80, § 2, p. 128; C. & M. Dig., § 1468; Acts 1923, No. 279, § 1; 1927, No. 206, § 2; Pope's Dig., § 1769; A.S.A. 1947, § 2-102.
Ark. Code Ann. § 7-5-308 — AR Code / Title 7 / Chapter 5 / Subchapter 3 / Section 7-5-308
Provisional ballot procedure
Status: in_force

(a) Except as provided under subsection (b) of this section, if a voter is required by law to cast a provisional ballot, the provisional ballot shall be cast pursuant to the following procedures: (1) A poll worker shall notify the voter that the voter may cast a provisional ballot in that election; (2) The voter shall execute a written eligibility affirmation under penalty of perjury in the presence of the poll worker stating that he or she is a registered voter in the precinct in which he or she desires to vote and is eligible to vote; (3) Unless a provisional ballot is cast using a ballot marking device, the poll worker shall initial the back of the provisional ballot, remove the provisional ballot stub from the provisional ballot, and place the stub in the stub box provided; (4) The voter shall mark his or her provisional ballot; (5) The voter shall place the voted provisional ballot in a provisional ballot secrecy envelope marked "provisional ballot" and seal the envelope; (6) The voter shall place the sealed provisional ballot envelope containing the voted provisional ballot in a voter envelope, seal the envelope, and give it to the poll worker; (7) The poll worker shall provide the voter written information instructing him or her on how to determine whether his or her provisional ballot was counted, and if not, the reason the provisional ballot was not counted; and (8) The poll worker shall make a separate list of the names and addresses of all persons voting a provisional ballot under this subsection, and each person voting a provisional ballot shall sign his or her name to this list. (b) If a voter is required by law to cast a provisional ballot because the voter is unable to verify his or her registration by providing a document or identification card that meets the requirements of Arkansas Constitution, Amendment 51, § 13, the provisional ballot shall be cast pursuant to the following procedures: (1) The poll worker shall indicate on the precinct voter registration list that the voter did not present a required document or identification card; (2) The poll worker shall notify the voter that the voter may cast a provisional ballot in that election; (3) The voter shall execute a written eligibility affirmation under penalty of perjury in the presence of the poll worker stating that he or she is a registered voter in the precinct in which he or she desires to vote and is eligible to vote; (4) Unless a provisional ballot is cast using a ballot marking device, the poll worker shall initial the back of the provisional ballot, remove the provisional ballot stub from the provisional ballot, and place the stub in the stub box provided; (5) The voter shall mark his or her provisional ballot; (6) The voter shall place the voted provisional ballot in a provisional ballot secrecy envelope marked "provisional ballot" and seal the envelope; (7) The voter shall place the sealed provisional ballot envelope containing the voted provisional ballot in a voter envelope, seal the envelope, and give it to the poll worker; (8) The poll worker shall provide the voter written information instructing him or her on how to determine whether his or her provisional ballot was counted, and if not, the reason the ballot was not counted; and (9) The poll worker shall make a separate list of the names and addresses of all persons voting a provisional ballot under this subsection, and each person voting a provisional ballot shall sign his or her name to this list. (c) The poll worker shall preserve, secure, and separate all provisional ballots under subsections (a) and (b) of this section from the remaining ballots so that the right of any person to vote may be determined later by the county board of election commissioners or the court in which an election contest may be filed. (d) (1) Whenever a person casts a provisional ballot under this section, the poll worker shall provide the voter written information that states that the individual who casts a provisional ballot will be able to ascertain whether the provisional vote was counted, and if not, the reason the provisional vote was not counted. (2) The Secretary of State shall establish a free access system to allow a provisional voter under this section to ascertain whether his or her provisional vote was counted, and if not, the reason his or her provisional vote was not counted. (3) Access to information about an individual provisional ballot shall be restricted to the voter who cast the provisional ballot. (e) (1) Before certification of the results of the election, the county board of election commissioners shall determine whether the provisional ballots are valid. (2) Unless enjoined by a court of competent jurisdiction, a provisional ballot under subsection (a) of this section shall be counted if: (A) It is cast by a registered voter and is the correct ballot, according to the precinct listed on the voter's eligibility affirmation, for the precinct of the voter's residence; and (B) The county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds. (f) Unless enjoined by a court with jurisdiction, a provisional ballot under subsection (b) of this section shall be counted if: (1) The voter returns to the county board of election commissioners or the county clerk by 12:00 noon on the Monday following the election and presents a document or identification card that complies with the requirements of Arkansas Constitution, Amendment 51, § 13; and (2) The county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds. (g) If, upon examination of a provisional ballot under this section, the county board of election commissioners suspects that a violation of the election laws has occurred, the county board of election commissioners may refer the matter to the prosecuting attorney. Amended by Act 2021, No. 249,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 249,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 109,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 109,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 633,§ 7, eff. 8/1/2017. Acts 1969, No. 465, Art. 7, § 12; A.S.A. 1947, § 3-712; Acts 2007, No. 224, § 4; 2009, No. 1480, § 25.

(a) Except as provided under subsection (b) of this section, if a voter is required by law to cast a provisional ballot, the provisional ballot shall be cast pursuant to the following procedures: (1) A poll worker shall notify the voter that the voter may cast a provisional ballot in that election; (2) The voter shall execute a written eligibility affirmation under penalty of perjury in the presence of the poll worker stating that he or she is a registered voter in the precinct in which he or she desires to vote and is eligible to vote; (3) Unless a provisional ballot is cast using a ballot marking device, the poll worker shall initial the back of the provisional ballot, remove the provisional ballot stub from the provisional ballot, and place the stub in the stub box provided; (4) The voter shall mark his or her provisional ballot; (5) The voter shall place the voted provisional ballot in a provisional ballot secrecy envelope marked "provisional ballot" and seal the envelope; (6) The voter shall place the sealed provisional ballot envelope containing the voted provisional ballot in a voter envelope, seal the envelope, and give it to the poll worker; (7) The poll worker shall provide the voter written information instructing him or her on how to determine whether his or her provisional ballot was counted, and if not, the reason the provisional ballot was not counted; and (8) The poll worker shall make a separate list of the names and addresses of all persons voting a provisional ballot under this subsection, and each person voting a provisional ballot shall sign his or her name to this list.

(1) A poll worker shall notify the voter that the voter may cast a provisional ballot in that election;

(2) The voter shall execute a written eligibility affirmation under penalty of perjury in the presence of the poll worker stating that he or she is a registered voter in the precinct in which he or she desires to vote and is eligible to vote;

(3) Unless a provisional ballot is cast using a ballot marking device, the poll worker shall initial the back of the provisional ballot, remove the provisional ballot stub from the provisional ballot, and place the stub in the stub box provided;

(4) The voter shall mark his or her provisional ballot;

(5) The voter shall place the voted provisional ballot in a provisional ballot secrecy envelope marked "provisional ballot" and seal the envelope;

(6) The voter shall place the sealed provisional ballot envelope containing the voted provisional ballot in a voter envelope, seal the envelope, and give it to the poll worker;

(7) The poll worker shall provide the voter written information instructing him or her on how to determine whether his or her provisional ballot was counted, and if not, the reason the provisional ballot was not counted; and

(8) The poll worker shall make a separate list of the names and addresses of all persons voting a provisional ballot under this subsection, and each person voting a provisional ballot shall sign his or her name to this list.

(b) If a voter is required by law to cast a provisional ballot because the voter is unable to verify his or her registration by providing a document or identification card that meets the requirements of Arkansas Constitution, Amendment 51, § 13, the provisional ballot shall be cast pursuant to the following procedures: (1) The poll worker shall indicate on the precinct voter registration list that the voter did not present a required document or identification card; (2) The poll worker shall notify the voter that the voter may cast a provisional ballot in that election; (3) The voter shall execute a written eligibility affirmation under penalty of perjury in the presence of the poll worker stating that he or she is a registered voter in the precinct in which he or she desires to vote and is eligible to vote; (4) Unless a provisional ballot is cast using a ballot marking device, the poll worker shall initial the back of the provisional ballot, remove the provisional ballot stub from the provisional ballot, and place the stub in the stub box provided; (5) The voter shall mark his or her provisional ballot; (6) The voter shall place the voted provisional ballot in a provisional ballot secrecy envelope marked "provisional ballot" and seal the envelope; (7) The voter shall place the sealed provisional ballot envelope containing the voted provisional ballot in a voter envelope, seal the envelope, and give it to the poll worker; (8) The poll worker shall provide the voter written information instructing him or her on how to determine whether his or her provisional ballot was counted, and if not, the reason the ballot was not counted; and (9) The poll worker shall make a separate list of the names and addresses of all persons voting a provisional ballot under this subsection, and each person voting a provisional ballot shall sign his or her name to this list.

(1) The poll worker shall indicate on the precinct voter registration list that the voter did not present a required document or identification card;

(2) The poll worker shall notify the voter that the voter may cast a provisional ballot in that election;

(3) The voter shall execute a written eligibility affirmation under penalty of perjury in the presence of the poll worker stating that he or she is a registered voter in the precinct in which he or she desires to vote and is eligible to vote;

(4) Unless a provisional ballot is cast using a ballot marking device, the poll worker shall initial the back of the provisional ballot, remove the provisional ballot stub from the provisional ballot, and place the stub in the stub box provided;

(5) The voter shall mark his or her provisional ballot;

(6) The voter shall place the voted provisional ballot in a provisional ballot secrecy envelope marked "provisional ballot" and seal the envelope;

(7) The voter shall place the sealed provisional ballot envelope containing the voted provisional ballot in a voter envelope, seal the envelope, and give it to the poll worker;

(8) The poll worker shall provide the voter written information instructing him or her on how to determine whether his or her provisional ballot was counted, and if not, the reason the ballot was not counted; and

(9) The poll worker shall make a separate list of the names and addresses of all persons voting a provisional ballot under this subsection, and each person voting a provisional ballot shall sign his or her name to this list.

(c) The poll worker shall preserve, secure, and separate all provisional ballots under subsections (a) and (b) of this section from the remaining ballots so that the right of any person to vote may be determined later by the county board of election commissioners or the court in which an election contest may be filed.

(d) (1) Whenever a person casts a provisional ballot under this section, the poll worker shall provide the voter written information that states that the individual who casts a provisional ballot will be able to ascertain whether the provisional vote was counted, and if not, the reason the provisional vote was not counted. (2) The Secretary of State shall establish a free access system to allow a provisional voter under this section to ascertain whether his or her provisional vote was counted, and if not, the reason his or her provisional vote was not counted. (3) Access to information about an individual provisional ballot shall be restricted to the voter who cast the provisional ballot.

(1) Whenever a person casts a provisional ballot under this section, the poll worker shall provide the voter written information that states that the individual who casts a provisional ballot will be able to ascertain whether the provisional vote was counted, and if not, the reason the provisional vote was not counted.

(2) The Secretary of State shall establish a free access system to allow a provisional voter under this section to ascertain whether his or her provisional vote was counted, and if not, the reason his or her provisional vote was not counted.

(3) Access to information about an individual provisional ballot shall be restricted to the voter who cast the provisional ballot.

(e) (1) Before certification of the results of the election, the county board of election commissioners shall determine whether the provisional ballots are valid. (2) Unless enjoined by a court of competent jurisdiction, a provisional ballot under subsection (a) of this section shall be counted if: (A) It is cast by a registered voter and is the correct ballot, according to the precinct listed on the voter's eligibility affirmation, for the precinct of the voter's residence; and (B) The county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds.

(1) Before certification of the results of the election, the county board of election commissioners shall determine whether the provisional ballots are valid.

(2) Unless enjoined by a court of competent jurisdiction, a provisional ballot under subsection (a) of this section shall be counted if: (A) It is cast by a registered voter and is the correct ballot, according to the precinct listed on the voter's eligibility affirmation, for the precinct of the voter's residence; and (B) The county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds.

(A) It is cast by a registered voter and is the correct ballot, according to the precinct listed on the voter's eligibility affirmation, for the precinct of the voter's residence; and

(B) The county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds.

(f) Unless enjoined by a court with jurisdiction, a provisional ballot under subsection (b) of this section shall be counted if: (1) The voter returns to the county board of election commissioners or the county clerk by 12:00 noon on the Monday following the election and presents a document or identification card that complies with the requirements of Arkansas Constitution, Amendment 51, § 13; and (2) The county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds.

(1) The voter returns to the county board of election commissioners or the county clerk by 12:00 noon on the Monday following the election and presents a document or identification card that complies with the requirements of Arkansas Constitution, Amendment 51, § 13; and

(2) The county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds.

(g) If, upon examination of a provisional ballot under this section, the county board of election commissioners suspects that a violation of the election laws has occurred, the county board of election commissioners may refer the matter to the prosecuting attorney.

Amended by Act 2021, No. 249,§ 4, eff. 7/28/2021.

Amended by Act 2021, No. 249,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 109,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 109,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 633,§ 7, eff. 8/1/2017.

Acts 1969, No. 465, Art. 7, § 12; A.S.A. 1947, § 3-712; Acts 2007, No. 224, § 4; 2009, No. 1480, § 25.
Ark. Code Ann. § 7-9-402 — AR Code / Title 7 / Chapter 9 / Subchapter 4 / Section 7-9-402
Definitions
Status: in_force

As used in this subchapter: (1) "Ballot question" means a question in the form of a statewide, county, municipal, or school district initiative or referendum which is submitted or intended to be submitted to a popular vote at an election, whether or not it qualifies for the ballot; (2) (A) "Ballot question committee" means any person, located within or outside Arkansas, that receives contributions for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of any ballot question, or any person, other than an elected official expending public funds, or an individual, located within or outside Arkansas, who makes expenditures for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of any ballot question. (B) A person other than an individual or an approved political action committee as defined in § 7-6-201 , located within or outside Arkansas, also qualifies as a ballot question committee if two percent (2%) or more of its annual revenues, operating expenses, or funds are used to make a contribution or contributions to another ballot question committee and if the contribution or contributions exceed ten thousand dollars ($10,000) in value; (3) (A) "Contribution" means, whether direct or indirect, advances, deposits, transfers of funds, contracts, or obligations, whether or not legally enforceable, payments, gifts, subscriptions, assessments, payment for services, dues, advancements, forbearance, loans, pledges, or promises of money or anything of value, whether or not legally enforceable, to a person for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a ballot question or the passage or defeat of a legislative question. (B) "Contribution" includes the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events, and the granting of discounts or rebates by television and radio stations and newspapers, not extended on an equal basis to all persons seeking to expressly advocate the qualification, disqualification, passage, or defeat of a ballot question or the passage or defeat of a legislative question. (C) "Contribution" shall not include noncompensated, nonreimbursed volunteer personal services or travel; (4) "Contribution and expenditure" shall not include activities designed solely to encourage individuals to register to vote or to vote, or any communication by a bona fide church or religious denomination to its own members or adherents for the sole purpose of protecting the right to practice the religious tenets of the church or religious denomination, and "expenditure" shall not include one made for communication by a person strictly with the person's paid members or shareholders; (5) "Disqualification of a ballot question" means any action or process, legal or otherwise, which seeks to prevent a ballot question from being on the ballot at an election; (6) "Elected official" means any person holding an elective office of any governmental body, whether elected or appointed to the office; (7) "Expenditure" means a purchase, payment, distribution, gift, loan, or advance of money or anything of value, and a contract, promise, or agreement to make an expenditure, for goods, services, materials, or facilities for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a ballot question or the passage or defeat of a legislative question; (8) "Governmental body" means any office, department, commission, council, board, committee, legislative body, agency, or other establishment of the executive, judicial, or legislative branch of the state, municipality, county, school district, improvement district, or any political district or subdivision thereof; (9) "Legislative question" means a question in the form of a measure referred by the General Assembly, a quorum court, a municipality, or a school district to a popular vote at an election; (10) (A) "Legislative question committee" means any person, located within or outside Arkansas, that receives contributions for the purpose of expressly advocating the passage or defeat of any legislative question or any person, other than an elected official expending public funds, or an individual, located within or outside Arkansas, who makes expenditures for the purpose of expressly advocating the passage or defeat of any legislative question. (B) A person other than an individual or an approved political action committee as defined in § 7-6-201 , located within or outside Arkansas, also qualifies as a legislative question committee if two percent (2%) or more of its annual revenues, operating expenses, or funds are used to make a contribution or contributions to another legislative question committee and if the contribution or contributions exceed ten thousand dollars ($10,000) in value; (11) (A) "Person" means any individual, business, proprietorship, firm, partnership, joint venture, syndicate, business trust, labor organization, company, corporation, association, committee, or any other organization or group of persons acting in concert. (B) "Person" includes an elected official using public funds to expressly advocate the qualification, disqualification, passage, or defeat of any ballot question or the passage or defeat of any legislative question; and (12) "Qualification of a ballot question" means any action or process, legal or otherwise, through which a ballot question obtains certification to be on the ballot at an election. Amended by Act 2015, No. 226,§ 6, eff. 7/22/2015. Amended by Act 2013, No. 382,§ 8, eff. 8/16/2013. Amended by Act 2013, No. 382,§ 7, eff. 8/16/2013. Amended by Act 2013, No. 312,§ 3, eff. 8/16/2013. Acts 1989, No. 261, § 2; 1989, No. 634, § 2; 1993, No. 1114, § 2; 1993, No. 1235, §§ 1, 2; 2001, No. 1839, § 17; 2003, No. 195, § 8; 2005, No. 1765, § 1; 2009, No. 473, §§ 10, 11; 2011, No. 721, § 13.

As used in this subchapter:

(1) "Ballot question" means a question in the form of a statewide, county, municipal, or school district initiative or referendum which is submitted or intended to be submitted to a popular vote at an election, whether or not it qualifies for the ballot;

(2) (A) "Ballot question committee" means any person, located within or outside Arkansas, that receives contributions for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of any ballot question, or any person, other than an elected official expending public funds, or an individual, located within or outside Arkansas, who makes expenditures for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of any ballot question. (B) A person other than an individual or an approved political action committee as defined in § 7-6-201 , located within or outside Arkansas, also qualifies as a ballot question committee if two percent (2%) or more of its annual revenues, operating expenses, or funds are used to make a contribution or contributions to another ballot question committee and if the contribution or contributions exceed ten thousand dollars ($10,000) in value;

(A) "Ballot question committee" means any person, located within or outside Arkansas, that receives contributions for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of any ballot question, or any person, other than an elected official expending public funds, or an individual, located within or outside Arkansas, who makes expenditures for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of any ballot question.

(B) A person other than an individual or an approved political action committee as defined in § 7-6-201 , located within or outside Arkansas, also qualifies as a ballot question committee if two percent (2%) or more of its annual revenues, operating expenses, or funds are used to make a contribution or contributions to another ballot question committee and if the contribution or contributions exceed ten thousand dollars ($10,000) in value;

(3) (A) "Contribution" means, whether direct or indirect, advances, deposits, transfers of funds, contracts, or obligations, whether or not legally enforceable, payments, gifts, subscriptions, assessments, payment for services, dues, advancements, forbearance, loans, pledges, or promises of money or anything of value, whether or not legally enforceable, to a person for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a ballot question or the passage or defeat of a legislative question. (B) "Contribution" includes the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events, and the granting of discounts or rebates by television and radio stations and newspapers, not extended on an equal basis to all persons seeking to expressly advocate the qualification, disqualification, passage, or defeat of a ballot question or the passage or defeat of a legislative question. (C) "Contribution" shall not include noncompensated, nonreimbursed volunteer personal services or travel;

(A) "Contribution" means, whether direct or indirect, advances, deposits, transfers of funds, contracts, or obligations, whether or not legally enforceable, payments, gifts, subscriptions, assessments, payment for services, dues, advancements, forbearance, loans, pledges, or promises of money or anything of value, whether or not legally enforceable, to a person for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a ballot question or the passage or defeat of a legislative question.

(B) "Contribution" includes the purchase of tickets for events such as dinners, luncheons, rallies, and similar fundraising events, and the granting of discounts or rebates by television and radio stations and newspapers, not extended on an equal basis to all persons seeking to expressly advocate the qualification, disqualification, passage, or defeat of a ballot question or the passage or defeat of a legislative question.

(C) "Contribution" shall not include noncompensated, nonreimbursed volunteer personal services or travel;

(4) "Contribution and expenditure" shall not include activities designed solely to encourage individuals to register to vote or to vote, or any communication by a bona fide church or religious denomination to its own members or adherents for the sole purpose of protecting the right to practice the religious tenets of the church or religious denomination, and "expenditure" shall not include one made for communication by a person strictly with the person's paid members or shareholders;

(5) "Disqualification of a ballot question" means any action or process, legal or otherwise, which seeks to prevent a ballot question from being on the ballot at an election;

(6) "Elected official" means any person holding an elective office of any governmental body, whether elected or appointed to the office;

(7) "Expenditure" means a purchase, payment, distribution, gift, loan, or advance of money or anything of value, and a contract, promise, or agreement to make an expenditure, for goods, services, materials, or facilities for the purpose of expressly advocating the qualification, disqualification, passage, or defeat of a ballot question or the passage or defeat of a legislative question;

(8) "Governmental body" means any office, department, commission, council, board, committee, legislative body, agency, or other establishment of the executive, judicial, or legislative branch of the state, municipality, county, school district, improvement district, or any political district or subdivision thereof;

(9) "Legislative question" means a question in the form of a measure referred by the General Assembly, a quorum court, a municipality, or a school district to a popular vote at an election;

(10) (A) "Legislative question committee" means any person, located within or outside Arkansas, that receives contributions for the purpose of expressly advocating the passage or defeat of any legislative question or any person, other than an elected official expending public funds, or an individual, located within or outside Arkansas, who makes expenditures for the purpose of expressly advocating the passage or defeat of any legislative question. (B) A person other than an individual or an approved political action committee as defined in § 7-6-201 , located within or outside Arkansas, also qualifies as a legislative question committee if two percent (2%) or more of its annual revenues, operating expenses, or funds are used to make a contribution or contributions to another legislative question committee and if the contribution or contributions exceed ten thousand dollars ($10,000) in value;

(A) "Legislative question committee" means any person, located within or outside Arkansas, that receives contributions for the purpose of expressly advocating the passage or defeat of any legislative question or any person, other than an elected official expending public funds, or an individual, located within or outside Arkansas, who makes expenditures for the purpose of expressly advocating the passage or defeat of any legislative question.

(B) A person other than an individual or an approved political action committee as defined in § 7-6-201 , located within or outside Arkansas, also qualifies as a legislative question committee if two percent (2%) or more of its annual revenues, operating expenses, or funds are used to make a contribution or contributions to another legislative question committee and if the contribution or contributions exceed ten thousand dollars ($10,000) in value;

(11) (A) "Person" means any individual, business, proprietorship, firm, partnership, joint venture, syndicate, business trust, labor organization, company, corporation, association, committee, or any other organization or group of persons acting in concert. (B) "Person" includes an elected official using public funds to expressly advocate the qualification, disqualification, passage, or defeat of any ballot question or the passage or defeat of any legislative question; and

(A) "Person" means any individual, business, proprietorship, firm, partnership, joint venture, syndicate, business trust, labor organization, company, corporation, association, committee, or any other organization or group of persons acting in concert.

(B) "Person" includes an elected official using public funds to expressly advocate the qualification, disqualification, passage, or defeat of any ballot question or the passage or defeat of any legislative question; and

(12) "Qualification of a ballot question" means any action or process, legal or otherwise, through which a ballot question obtains certification to be on the ballot at an election.

Amended by Act 2015, No. 226,§ 6, eff. 7/22/2015.

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

Amended by Act 2013, No. 382,§ 7, eff. 8/16/2013.

Amended by Act 2013, No. 312,§ 3, eff. 8/16/2013.

Acts 1989, No. 261, § 2; 1989, No. 634, § 2; 1993, No. 1114, § 2; 1993, No. 1235, §§ 1, 2; 2001, No. 1839, § 17; 2003, No. 195, § 8; 2005, No. 1765, § 1; 2009, No. 473, §§ 10, 11; 2011, No. 721, § 13.
Ark. Code Ann. § 7-7-306 — AR Code / Title 7 / Chapter 7 / Subchapter 3 / Section 7-7-306
Partisan and nonpartisan general election ballots
Status: in_force

(a) At each party primary and nonpartisan general election, each county board of election commissioners shall furnish a separate ballot for each political party containing: (1) The name of each person seeking nomination as a candidate of that political party; (2) The name of each candidate for the general election to a nonpartisan office under § 7-10-101 [repealed]; and (3) All measures and questions, if any, to be decided by the voters. (b) The county board of election commissioners shall also furnish a separate ballot containing the names of all qualified candidates for the general election to nonpartisan offices and all measures, if any, to be decided by the voters. Amended by Act 2013, No. 1126,§ 14, eff. 8/16/2013. Amended by Act 2013, No. 1110,§ 8, eff. 8/16/2013. Acts 1969, No. 465, Art. 1, § 15; A.S.A. 1947, § 3-115; Acts 1995, No. 901, § 10; 2005, No. 67, § 18; 2009, No. 959, § 39.

(a) At each party primary and nonpartisan general election, each county board of election commissioners shall furnish a separate ballot for each political party containing: (1) The name of each person seeking nomination as a candidate of that political party; (2) The name of each candidate for the general election to a nonpartisan office under § 7-10-101 [repealed]; and (3) All measures and questions, if any, to be decided by the voters.

(1) The name of each person seeking nomination as a candidate of that political party;

(2) The name of each candidate for the general election to a nonpartisan office under § 7-10-101 [repealed]; and

(3) All measures and questions, if any, to be decided by the voters.

(b) The county board of election commissioners shall also furnish a separate ballot containing the names of all qualified candidates for the general election to nonpartisan offices and all measures, if any, to be decided by the voters.

Amended by Act 2013, No. 1126,§ 14, eff. 8/16/2013.

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

Acts 1969, No. 465, Art. 1, § 15; A.S.A. 1947, § 3-115; Acts 1995, No. 901, § 10; 2005, No. 67, § 18; 2009, No. 959, § 39.
Ark. Code Ann. § 7-5-414 — AR Code / Title 7 / Chapter 5 / Subchapter 4 / Section 7-5-414
Appointment of election clerks - Qualifications
Status: in_force

(a) The county board of election commissioners shall appoint election clerks to process, count, and canvass the absentee voters' ballots in all elections. (b) (1) The election clerks who are to canvass the absentee ballots shall be appointed in the same manner and at the same time the poll workers are selected to serve at the regular voting precincts. (2) The election clerks shall possess the same qualifications as the poll workers who serve at the regular voting precincts. (c) The processing, counting, and canvassing of the absentee ballots shall be under the supervision and at the direction of the county board of election commissioners. Acts 1969, No. 465, Art. 9, § 12; A.S.A. 1947, § 3-912; Acts 1997, No. 1092, § 10; 2005, No. 1827, § 5; 2007, No. 556, § 11; 2009, No. 959, § 18.

(a) The county board of election commissioners shall appoint election clerks to process, count, and canvass the absentee voters' ballots in all elections.

(b) (1) The election clerks who are to canvass the absentee ballots shall be appointed in the same manner and at the same time the poll workers are selected to serve at the regular voting precincts. (2) The election clerks shall possess the same qualifications as the poll workers who serve at the regular voting precincts.

(1) The election clerks who are to canvass the absentee ballots shall be appointed in the same manner and at the same time the poll workers are selected to serve at the regular voting precincts.

(2) The election clerks shall possess the same qualifications as the poll workers who serve at the regular voting precincts.

(c) The processing, counting, and canvassing of the absentee ballots shall be under the supervision and at the direction of the county board of election commissioners.

Acts 1969, No. 465, Art. 9, § 12; A.S.A. 1947, § 3-912; Acts 1997, No. 1092, § 10; 2005, No. 1827, § 5; 2007, No. 556, § 11; 2009, No. 959, § 18.
Ark. Code Ann. § 7-5-617 — AR Code / Title 7 / Chapter 5 / Subchapter 6 / Section 7-5-617
Transport of ballots and chain of custody
Status: in_force

(a) Marked absentee or provisional ballots shall be transported in a secure manner during the election period between locations, including without limitation between: (1) Polling sites; (2) Vote centers; (3) Offices of the county clerk; (4) Designated absentee or provisional ballot counting facilities; or (5) Other government offices. (b) Marked absentee ballots shall be transported in a secure manner by at least two (2) election officials with the marked absentee ballots inside of a sealed ballot transfer container to the location designated by the county board of election commissioners. (c) Marked absentee or provisional ballots are subject to the following procedure as a chain of custody: (1) A person collecting marked absentee or provisional ballots shall swear an oath in the same form as § 7-4-110 ; (2) A marked absentee or provisional ballot team shall include a minimum of two (2) election officials; (3) The ballot transport team shall complete and sign a ballot transfer form upon removing the marked absentee or provisional ballots, including the following information, the: (A) Date; (B) Time; (C) Location the marked absentee or provisional ballots are picked up; (D) Number of marked absentee or provisional ballots per container; (E) Identity of each person collecting the ballots; and (F) Destination location for delivery of the marked absentee or provisional ballots; (4) The ballot transport team shall immediately transfer the secured marked absentee or provisional ballots to the county board of election commissioners, or its designee; and (5) (A) The county board of election commissioners or its designee shall sign the marked absentee or provisional ballot transfer form upon receipt of the marked absentee or provisional ballots. (B) The marked absentee or provisional ballot transfer form under subdivision (c)(3) of this section shall be considered a public record. (d) (1) Upon receiving a sealed ballot envelope from a person casting a provisional ballot, the poll worker or election official shall verify that the information requested on the outer ballot envelope is complete. (2) The poll worker or election official shall clearly write and sign his or her name, the polling location, the date, and the reason the ballot is considered provisional on the outer envelope and record the information. (3) (A) The poll worker shall direct the person casting the provisional ballot to place the ballot envelope into the secure container for provisional ballots. (B) The secure container for provisional ballots shall be located within the enclosed space in the polling place where it can be monitored by poll workers and observed by the public. (e) (1) Once the polls have closed, two (2) election officials shall return the secure container of provisional ballots to the county board of election commissioners with the following information marked clearly on the exterior of each secure container, the: (A) Total number of marked provisional ballots; (B) Location the provisional ballots were collected; and (C) Identity of the election officials transporting the marked provisional ballots. (2) (A) Upon receipt of the provisional ballots, the county board of election commissioners, or its designee, shall electronically record the: (i) First and last name of the person casting the provisional ballot; (ii) Address of the person casting the provisional ballot; (iii) Date of birth of the person casting the provisional ballot; (iv) Date the provisional ballot was marked; (v) Early voting or polling location, including precinct number, where the provisional ballot was marked; (vi) Name of the election official recorded on the sealed outer envelope; (vii) Reason for the provisional ballot reflected on the sealed outer envelope; and (viii) Other information deemed necessary by the county board of election commissioners. (B) The county board of election commissioners shall create one (1) paper copy of the outside of each outside provisional envelope to be delivered to the county clerk. (C) The county board of election commissioners shall provide the provisional ballot envelope copies and the electronic provisional ballot list to the county clerk no later than one (1) business day following election day. (3) Following receipt of the electronic provisional ballot list, including the provisional ballot envelope copies, the county board of election commissioners shall reconcile the total number of provisional ballots reviewed by the county clerk to the total number of provisional ballots received and secured by the county board of election commissioners. Added by Act 2023, No. 329,§ 5, eff. 8/1/2023. Act 2023, No. 329 states that this act shall be known and may be cited as the "Ballot Security Act Of 2023"

(a) Marked absentee or provisional ballots shall be transported in a secure manner during the election period between locations, including without limitation between: (1) Polling sites; (2) Vote centers; (3) Offices of the county clerk; (4) Designated absentee or provisional ballot counting facilities; or (5) Other government offices.

(1) Polling sites;

(2) Vote centers;

(3) Offices of the county clerk;

(4) Designated absentee or provisional ballot counting facilities; or

(5) Other government offices.

(b) Marked absentee ballots shall be transported in a secure manner by at least two (2) election officials with the marked absentee ballots inside of a sealed ballot transfer container to the location designated by the county board of election commissioners.

(c) Marked absentee or provisional ballots are subject to the following procedure as a chain of custody: (1) A person collecting marked absentee or provisional ballots shall swear an oath in the same form as § 7-4-110 ; (2) A marked absentee or provisional ballot team shall include a minimum of two (2) election officials; (3) The ballot transport team shall complete and sign a ballot transfer form upon removing the marked absentee or provisional ballots, including the following information, the: (A) Date; (B) Time; (C) Location the marked absentee or provisional ballots are picked up; (D) Number of marked absentee or provisional ballots per container; (E) Identity of each person collecting the ballots; and (F) Destination location for delivery of the marked absentee or provisional ballots; (4) The ballot transport team shall immediately transfer the secured marked absentee or provisional ballots to the county board of election commissioners, or its designee; and (5) (A) The county board of election commissioners or its designee shall sign the marked absentee or provisional ballot transfer form upon receipt of the marked absentee or provisional ballots. (B) The marked absentee or provisional ballot transfer form under subdivision (c)(3) of this section shall be considered a public record.

(1) A person collecting marked absentee or provisional ballots shall swear an oath in the same form as § 7-4-110 ;

(2) A marked absentee or provisional ballot team shall include a minimum of two (2) election officials;

(3) The ballot transport team shall complete and sign a ballot transfer form upon removing the marked absentee or provisional ballots, including the following information, the: (A) Date; (B) Time; (C) Location the marked absentee or provisional ballots are picked up; (D) Number of marked absentee or provisional ballots per container; (E) Identity of each person collecting the ballots; and (F) Destination location for delivery of the marked absentee or provisional ballots;

(A) Date;

(B) Time;

(C) Location the marked absentee or provisional ballots are picked up;

(D) Number of marked absentee or provisional ballots per container;

(E) Identity of each person collecting the ballots; and

(F) Destination location for delivery of the marked absentee or provisional ballots;

(4) The ballot transport team shall immediately transfer the secured marked absentee or provisional ballots to the county board of election commissioners, or its designee; and

(5) (A) The county board of election commissioners or its designee shall sign the marked absentee or provisional ballot transfer form upon receipt of the marked absentee or provisional ballots. (B) The marked absentee or provisional ballot transfer form under subdivision (c)(3) of this section shall be considered a public record.

(A) The county board of election commissioners or its designee shall sign the marked absentee or provisional ballot transfer form upon receipt of the marked absentee or provisional ballots.

(B) The marked absentee or provisional ballot transfer form under subdivision (c)(3) of this section shall be considered a public record.

(d) (1) Upon receiving a sealed ballot envelope from a person casting a provisional ballot, the poll worker or election official shall verify that the information requested on the outer ballot envelope is complete. (2) The poll worker or election official shall clearly write and sign his or her name, the polling location, the date, and the reason the ballot is considered provisional on the outer envelope and record the information. (3) (A) The poll worker shall direct the person casting the provisional ballot to place the ballot envelope into the secure container for provisional ballots. (B) The secure container for provisional ballots shall be located within the enclosed space in the polling place where it can be monitored by poll workers and observed by the public.

(1) Upon receiving a sealed ballot envelope from a person casting a provisional ballot, the poll worker or election official shall verify that the information requested on the outer ballot envelope is complete.

(2) The poll worker or election official shall clearly write and sign his or her name, the polling location, the date, and the reason the ballot is considered provisional on the outer envelope and record the information.

(3) (A) The poll worker shall direct the person casting the provisional ballot to place the ballot envelope into the secure container for provisional ballots. (B) The secure container for provisional ballots shall be located within the enclosed space in the polling place where it can be monitored by poll workers and observed by the public.

(A) The poll worker shall direct the person casting the provisional ballot to place the ballot envelope into the secure container for provisional ballots.

(B) The secure container for provisional ballots shall be located within the enclosed space in the polling place where it can be monitored by poll workers and observed by the public.

(e) (1) Once the polls have closed, two (2) election officials shall return the secure container of provisional ballots to the county board of election commissioners with the following information marked clearly on the exterior of each secure container, the: (A) Total number of marked provisional ballots; (B) Location the provisional ballots were collected; and (C) Identity of the election officials transporting the marked provisional ballots. (2) (A) Upon receipt of the provisional ballots, the county board of election commissioners, or its designee, shall electronically record the: (i) First and last name of the person casting the provisional ballot; (ii) Address of the person casting the provisional ballot; (iii) Date of birth of the person casting the provisional ballot; (iv) Date the provisional ballot was marked; (v) Early voting or polling location, including precinct number, where the provisional ballot was marked; (vi) Name of the election official recorded on the sealed outer envelope; (vii) Reason for the provisional ballot reflected on the sealed outer envelope; and (viii) Other information deemed necessary by the county board of election commissioners. (B) The county board of election commissioners shall create one (1) paper copy of the outside of each outside provisional envelope to be delivered to the county clerk. (C) The county board of election commissioners shall provide the provisional ballot envelope copies and the electronic provisional ballot list to the county clerk no later than one (1) business day following election day. (3) Following receipt of the electronic provisional ballot list, including the provisional ballot envelope copies, the county board of election commissioners shall reconcile the total number of provisional ballots reviewed by the county clerk to the total number of provisional ballots received and secured by the county board of election commissioners.

(1) Once the polls have closed, two (2) election officials shall return the secure container of provisional ballots to the county board of election commissioners with the following information marked clearly on the exterior of each secure container, the: (A) Total number of marked provisional ballots; (B) Location the provisional ballots were collected; and (C) Identity of the election officials transporting the marked provisional ballots.

(A) Total number of marked provisional ballots;

(B) Location the provisional ballots were collected; and

(C) Identity of the election officials transporting the marked provisional ballots.

(2) (A) Upon receipt of the provisional ballots, the county board of election commissioners, or its designee, shall electronically record the: (i) First and last name of the person casting the provisional ballot; (ii) Address of the person casting the provisional ballot; (iii) Date of birth of the person casting the provisional ballot; (iv) Date the provisional ballot was marked; (v) Early voting or polling location, including precinct number, where the provisional ballot was marked; (vi) Name of the election official recorded on the sealed outer envelope; (vii) Reason for the provisional ballot reflected on the sealed outer envelope; and (viii) Other information deemed necessary by the county board of election commissioners. (B) The county board of election commissioners shall create one (1) paper copy of the outside of each outside provisional envelope to be delivered to the county clerk. (C) The county board of election commissioners shall provide the provisional ballot envelope copies and the electronic provisional ballot list to the county clerk no later than one (1) business day following election day.

(A) Upon receipt of the provisional ballots, the county board of election commissioners, or its designee, shall electronically record the: (i) First and last name of the person casting the provisional ballot; (ii) Address of the person casting the provisional ballot; (iii) Date of birth of the person casting the provisional ballot; (iv) Date the provisional ballot was marked; (v) Early voting or polling location, including precinct number, where the provisional ballot was marked; (vi) Name of the election official recorded on the sealed outer envelope; (vii) Reason for the provisional ballot reflected on the sealed outer envelope; and (viii) Other information deemed necessary by the county board of election commissioners.

(i) First and last name of the person casting the provisional ballot;

(ii) Address of the person casting the provisional ballot;

(iii) Date of birth of the person casting the provisional ballot;

(iv) Date the provisional ballot was marked;

(v) Early voting or polling location, including precinct number, where the provisional ballot was marked;

(vi) Name of the election official recorded on the sealed outer envelope;

(vii) Reason for the provisional ballot reflected on the sealed outer envelope; and

(viii) Other information deemed necessary by the county board of election commissioners.

(B) The county board of election commissioners shall create one (1) paper copy of the outside of each outside provisional envelope to be delivered to the county clerk.

(C) The county board of election commissioners shall provide the provisional ballot envelope copies and the electronic provisional ballot list to the county clerk no later than one (1) business day following election day.

(3) Following receipt of the electronic provisional ballot list, including the provisional ballot envelope copies, the county board of election commissioners shall reconcile the total number of provisional ballots reviewed by the county clerk to the total number of provisional ballots received and secured by the county board of election commissioners.

Added by Act 2023, No. 329,§ 5, eff. 8/1/2023.

Act 2023, No. 329 states that this act shall be known and may be cited as the "Ballot Security Act Of 2023"
Ark. Code Ann. § 7-9-307 — AR Code / Title 7 / Chapter 9 / Subchapter 3 / Section 7-9-307
Meeting procedures
Status: in_force

(a) A majority of the delegates shall constitute a quorum, and a majority of the total number of delegates shall be required for approval of any section to be included in a proposed constitution or part thereof or in a proposed constitutional amendment. (b) The constitutional convention shall elect its own officers and shall be sole judges of the qualifications and election of its own membership. (c) All meetings of the convention shall be open to the public. Acts 1968 (1st Ex. Sess.), No. 42, § 7; A.S.A. 1947, § 2-110.

(a) A majority of the delegates shall constitute a quorum, and a majority of the total number of delegates shall be required for approval of any section to be included in a proposed constitution or part thereof or in a proposed constitutional amendment.

(b) The constitutional convention shall elect its own officers and shall be sole judges of the qualifications and election of its own membership.

(c) All meetings of the convention shall be open to the public.

Acts 1968 (1st Ex. Sess.), No. 42, § 7; A.S.A. 1947, § 2-110.
Ark. Code Ann. § 7-11-204 — AR Code / Title 7 / Chapter 11 / Subchapter 2 / Section 7-11-204
Content of calling document
Status: in_force

The proclamation, ordinance, statute, resolution, order, or other authorized document of the properly constituted authority calling the special election shall state: (1) The date of the special election; (2) The full text of any measure or question for which the election is called; (3) The ballot title, if any, for the measure or question for which the election is called; and (4) Any other information required by law. Acts 2009, No. 1480, § 47.

The proclamation, ordinance, statute, resolution, order, or other authorized document of the properly constituted authority calling the special election shall state:

(1) The date of the special election;

(2) The full text of any measure or question for which the election is called;

(3) The ballot title, if any, for the measure or question for which the election is called; and

(4) Any other information required by law.

Acts 2009, No. 1480, § 47.
Ark. Code Ann. § 7-7-202 — AR Code / Title 7 / Chapter 7 / Subchapter 2 / Section 7-7-202
Preferential and general primaries - When required - Common polling places
Status: in_force

(a) Whenever any political party shall select by primary election party nominees as candidates at any general election for any United States, state, district, county, township, or municipal office, there shall be held a preferential primary election and a general primary election, if required, on the respective dates provided in § 7-7-203(a) and (b) . (b) A general primary election for a political party shall not be held if there are no races in which three (3) or more candidates qualify for the same office or position as provided in subsection (c) of this section unless a general primary election is necessary to break a tie vote for the same office or position at the preferential primary. (c) If there are no races in which three (3) or more candidates qualify for the same office or position, only the preferential primary election shall be held for the political party. If all nominations have been determined at the preferential primary election or by withdrawal of candidates as provided in § 7-7-304(a) and (b) , the general primary election shall not be held. (d) The county board of election commissioners shall establish common polling places for the joint conduct of the primary elections of all political parties. Acts 1969, No. 465, Art. 1, §§ 8, 10; 1971, No. 261, § 4; A.S.A. 1947, §§ 3-108, 3-110; Acts 1995, No. 901, § 3; 2005, No. 67, § 17; 2009, No. 959, § 35.

(a) Whenever any political party shall select by primary election party nominees as candidates at any general election for any United States, state, district, county, township, or municipal office, there shall be held a preferential primary election and a general primary election, if required, on the respective dates provided in § 7-7-203(a) and (b) .

(b) A general primary election for a political party shall not be held if there are no races in which three (3) or more candidates qualify for the same office or position as provided in subsection (c) of this section unless a general primary election is necessary to break a tie vote for the same office or position at the preferential primary.

(c) If there are no races in which three (3) or more candidates qualify for the same office or position, only the preferential primary election shall be held for the political party. If all nominations have been determined at the preferential primary election or by withdrawal of candidates as provided in § 7-7-304(a) and (b) , the general primary election shall not be held.

(d) The county board of election commissioners shall establish common polling places for the joint conduct of the primary elections of all political parties.

Acts 1969, No. 465, Art. 1, §§ 8, 10; 1971, No. 261, § 4; A.S.A. 1947, §§ 3-108, 3-110; Acts 1995, No. 901, § 3; 2005, No. 67, § 17; 2009, No. 959, § 35.
Ark. Code Ann. § 7-5-418 — AR Code / Title 7 / Chapter 5 / Subchapter 4 / Section 7-5-418
Early voting
Status: in_force

(a) (1) (A) Except as provided in subdivision (a)(1)(B) of this section, early voting shall be available to any qualified elector who applies to the county clerk's designated early voting location, beginning fifteen (15) days before a preferential primary or general election between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and 10:00 a.m. and 4:00 p.m. Saturday and ending at 5:00 p.m. on the Monday before the election. (B) Early voting shall not be available on state holidays. (2) (A) Except as provided in subdivision (a)(2)(B) of this section, on all other elections, including the general primary and general runoff elections, early voting shall be available to any qualified elector who applies to the county clerk during regular office hours, beginning seven (7) days before the election and ending on the day before the election day at the time the county clerk's office regularly closes. (B) If an annual school election is held at the same time as the preferential primary election or general election, early voting for the annual school election shall comply with subdivision (a)(1)(A) of this section. (b) (1) (A) The county board of election commissioners may decide to hold early voting at additional polling sites outside the offices of the county clerk on any of the days provided for in subsection (a) of this section, if it so chooses. (B) The county board of election commissioners shall determine by unanimous vote the location of additional polling sites for early voting. (C) If the county board of election commissioners decides to hold early voting at an additional polling site on one (1) or more days under subdivision (b)(1)(A) of this section, the hours the additional early voting polling site is open on such day or days shall be the same hours as the county clerk's designated early voting location under subdivision (a)(1)(A) of this section for such day or days. (D) If the county board of election commissioners is unable to secure one (1) or more additional polling sites for early voting on one (1) or more days under subdivision (b)(1)(A) of this section that will allow voting to occur during the same hours of the county clerk's designated early voting location under subdivision (a)(1)(A) of this section for such day or days, the hours the additional early voting polling site is open on such day or days shall be as close to the hours of the county clerk's designated early voting location as possible. (2) The county board of election commissioners shall appoint the election officials for the additional early voting polling site or sites in the same manner as election officials are appointed for election day. (3) (A) The county board of election commissioners shall notify the county clerk of its decision to hold early voting at additional polling sites outside the office of the county clerk within ten (10) days of the decision. (B) If the county board of election commissioners decides to hold early voting at one (1) or more conveniently located polling sites on the days and times under subsection (a) of this section, the county clerk may choose not to hold early voting within the office of the county clerk. The county clerk shall notify the county board of election commissioners within ten (10) days of the receipt of notice from the county board of election commissioners regarding early voting at additional polling sites. (4) The early voting election official shall record the date on all pages of the early voting roster or early voting request form and keep a daily record of the number of early ballots cast. (5) (A) All voted ballots and unvoted ballots and all related election materials at each additional early voting polling site shall be stored in a secure location in the county courthouse or in a secure location as determined by the county board of election commissioners immediately after the close of the additional polling sites each day that early voting is conducted there. (B) If the county board of election commissioners determines that the equipment and materials necessary to operate a polling site will be transferred from one (1) polling site that is opened for a portion of the early voting period to another polling site that is subsequently open during the early voting period, the following provisions shall apply to those polling sites: (i) Ballots cast using a tabulator shall be: (a) Secured at the central location used to secure all other ballots before or contemporaneously with the transportation of the tabulator between early voting locations; and (b) Removed to the storage location in a container designed so that the cast ballots may be secured with a number seal without any election official being able to observe the contents of the ballots; and (ii) Ballots cast using a marking device and a ballot box shall be: (a) Deposited in a separate ballot box secured with a numbered seal for each polling location that is utilized; and (b) Secured at the central location used to secure all other ballots before or contemporaneously with the transportation of the other voting equipment between early voting locations. (c) Before a person is permitted to cast an early vote, the county clerk or election official shall: (1) Request the voter to identify himself or herself by stating his or her name, date of birth, and address in order to verify his or her registration; (2) Request that the voter verify his or her registration by providing a document or identification card that meets the requirements of Arkansas Constitution, Amendment 51, § 13, if required by that section; (3) If the voter's name or address is not the same as that in the county voter registration record files, request the voter to complete an updated voter registration application form; (4) Request the voter to sign an early voting roster or early voting request form that identifies his or her name, address, date of birth, and the date on the roster or form; (5) Enter the voter's precinct number on the early voting roster or early voting request form; (6) Verify if a person requested an absentee ballot according to the precinct voter registration list; and (7) Permit a person to cast a provisional ballot if the person received an absentee ballot according to the precinct voter registration list. (d) (1) If the voter is not listed in the county voter registration record files and the county clerk is unable to verify the voter's registration and if the voter contends that he or she is eligible to vote, then the voter may vote a provisional ballot that shall be counted only upon verification of the voter's registration status. (2) (A) If the voter fails to present verification of voter registration, the election official shall follow the procedure in Arkansas Constitution, Amendment 51, § 13. (B) (i) A person who is a resident of a long-term care or residential care facility licensed by the state is not required to provide verification of voter registration before voting. (ii) A person not required to provide verification of voter registration under subdivision (d)(2)(B)(i) of this section shall provide documentation from the administrator of the facility attesting that the person is a resident of the facility. (e) The county clerk or county board of election commissioners shall furnish voting locations that adequately allow the early voter to personally and secretly execute his or her ballot. (f) Except as provided in this section, early voting shall be conducted in the same manner as voting on election day. Conduct that is prohibited or restricted on election day shall be subject to the same prohibitions and restrictions on the days on which early voting is conducted. (g) (1) The county clerk shall electronically record in the permanent voter registration record of an elector who voted at an early voting location to indicate that the elector has voted. (2) Except as provided under subdivision (g)(3) of this section, the county clerk shall electronically record in the permanent voter registration record no later than twenty-four (24) hours after the elector has voted. (3) If the elector votes on a Friday or Saturday, the county clerk shall electronically record in the permanent voter registration record no later than the close of business on the Monday following the vote. Amended by Act 2023, No. 263,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 246,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 92,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 1063,§ 8, eff. 7/28/2021. Amended by Act 2017, No. 910,§ 7, eff. 1/1/2018. Amended by Act 2017, No. 633,§ 13, eff. 8/1/2017. Amended by Act 2016EX3, No. 15,§ 6, eff. 5/23/2016. Amended by Act 2016EX3, No. 14,§ 6, eff. 5/23/2016. Amended by Act 2013, No. 1059,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 979,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 595,§ 6, 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 1995, No. 686, § 7; 1995, No. 948, § 7; 1997, No. 967, § 1; 1997, No. 1092, § 14; 2003, No. 269, § 1; 2005, No. 655, § 1; 2005, No. 880, § 8; 2005, No. 1690, § 1; 2007, No. 556, § 15; 2007, No. 987, § 1; 2009, No. 375, § 3; 2009, No. 959, § 21.

(a) (1) (A) Except as provided in subdivision (a)(1)(B) of this section, early voting shall be available to any qualified elector who applies to the county clerk's designated early voting location, beginning fifteen (15) days before a preferential primary or general election between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and 10:00 a.m. and 4:00 p.m. Saturday and ending at 5:00 p.m. on the Monday before the election. (B) Early voting shall not be available on state holidays. (2) (A) Except as provided in subdivision (a)(2)(B) of this section, on all other elections, including the general primary and general runoff elections, early voting shall be available to any qualified elector who applies to the county clerk during regular office hours, beginning seven (7) days before the election and ending on the day before the election day at the time the county clerk's office regularly closes. (B) If an annual school election is held at the same time as the preferential primary election or general election, early voting for the annual school election shall comply with subdivision (a)(1)(A) of this section.

(1) (A) Except as provided in subdivision (a)(1)(B) of this section, early voting shall be available to any qualified elector who applies to the county clerk's designated early voting location, beginning fifteen (15) days before a preferential primary or general election between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and 10:00 a.m. and 4:00 p.m. Saturday and ending at 5:00 p.m. on the Monday before the election. (B) Early voting shall not be available on state holidays.

(A) Except as provided in subdivision (a)(1)(B) of this section, early voting shall be available to any qualified elector who applies to the county clerk's designated early voting location, beginning fifteen (15) days before a preferential primary or general election between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and 10:00 a.m. and 4:00 p.m. Saturday and ending at 5:00 p.m. on the Monday before the election.

(B) Early voting shall not be available on state holidays.

(2) (A) Except as provided in subdivision (a)(2)(B) of this section, on all other elections, including the general primary and general runoff elections, early voting shall be available to any qualified elector who applies to the county clerk during regular office hours, beginning seven (7) days before the election and ending on the day before the election day at the time the county clerk's office regularly closes. (B) If an annual school election is held at the same time as the preferential primary election or general election, early voting for the annual school election shall comply with subdivision (a)(1)(A) of this section.

(A) Except as provided in subdivision (a)(2)(B) of this section, on all other elections, including the general primary and general runoff elections, early voting shall be available to any qualified elector who applies to the county clerk during regular office hours, beginning seven (7) days before the election and ending on the day before the election day at the time the county clerk's office regularly closes.

(B) If an annual school election is held at the same time as the preferential primary election or general election, early voting for the annual school election shall comply with subdivision (a)(1)(A) of this section.

(b) (1) (A) The county board of election commissioners may decide to hold early voting at additional polling sites outside the offices of the county clerk on any of the days provided for in subsection (a) of this section, if it so chooses. (B) The county board of election commissioners shall determine by unanimous vote the location of additional polling sites for early voting. (C) If the county board of election commissioners decides to hold early voting at an additional polling site on one (1) or more days under subdivision (b)(1)(A) of this section, the hours the additional early voting polling site is open on such day or days shall be the same hours as the county clerk's designated early voting location under subdivision (a)(1)(A) of this section for such day or days. (D) If the county board of election commissioners is unable to secure one (1) or more additional polling sites for early voting on one (1) or more days under subdivision (b)(1)(A) of this section that will allow voting to occur during the same hours of the county clerk's designated early voting location under subdivision (a)(1)(A) of this section for such day or days, the hours the additional early voting polling site is open on such day or days shall be as close to the hours of the county clerk's designated early voting location as possible. (2) The county board of election commissioners shall appoint the election officials for the additional early voting polling site or sites in the same manner as election officials are appointed for election day. (3) (A) The county board of election commissioners shall notify the county clerk of its decision to hold early voting at additional polling sites outside the office of the county clerk within ten (10) days of the decision. (B) If the county board of election commissioners decides to hold early voting at one (1) or more conveniently located polling sites on the days and times under subsection (a) of this section, the county clerk may choose not to hold early voting within the office of the county clerk. The county clerk shall notify the county board of election commissioners within ten (10) days of the receipt of notice from the county board of election commissioners regarding early voting at additional polling sites. (4) The early voting election official shall record the date on all pages of the early voting roster or early voting request form and keep a daily record of the number of early ballots cast. (5) (A) All voted ballots and unvoted ballots and all related election materials at each additional early voting polling site shall be stored in a secure location in the county courthouse or in a secure location as determined by the county board of election commissioners immediately after the close of the additional polling sites each day that early voting is conducted there. (B) If the county board of election commissioners determines that the equipment and materials necessary to operate a polling site will be transferred from one (1) polling site that is opened for a portion of the early voting period to another polling site that is subsequently open during the early voting period, the following provisions shall apply to those polling sites: (i) Ballots cast using a tabulator shall be: (a) Secured at the central location used to secure all other ballots before or contemporaneously with the transportation of the tabulator between early voting locations; and (b) Removed to the storage location in a container designed so that the cast ballots may be secured with a number seal without any election official being able to observe the contents of the ballots; and (ii) Ballots cast using a marking device and a ballot box shall be: (a) Deposited in a separate ballot box secured with a numbered seal for each polling location that is utilized; and (b) Secured at the central location used to secure all other ballots before or contemporaneously with the transportation of the other voting equipment between early voting locations.

(1) (A) The county board of election commissioners may decide to hold early voting at additional polling sites outside the offices of the county clerk on any of the days provided for in subsection (a) of this section, if it so chooses. (B) The county board of election commissioners shall determine by unanimous vote the location of additional polling sites for early voting. (C) If the county board of election commissioners decides to hold early voting at an additional polling site on one (1) or more days under subdivision (b)(1)(A) of this section, the hours the additional early voting polling site is open on such day or days shall be the same hours as the county clerk's designated early voting location under subdivision (a)(1)(A) of this section for such day or days. (D) If the county board of election commissioners is unable to secure one (1) or more additional polling sites for early voting on one (1) or more days under subdivision (b)(1)(A) of this section that will allow voting to occur during the same hours of the county clerk's designated early voting location under subdivision (a)(1)(A) of this section for such day or days, the hours the additional early voting polling site is open on such day or days shall be as close to the hours of the county clerk's designated early voting location as possible.

(A) The county board of election commissioners may decide to hold early voting at additional polling sites outside the offices of the county clerk on any of the days provided for in subsection (a) of this section, if it so chooses.

(B) The county board of election commissioners shall determine by unanimous vote the location of additional polling sites for early voting.

(C) If the county board of election commissioners decides to hold early voting at an additional polling site on one (1) or more days under subdivision (b)(1)(A) of this section, the hours the additional early voting polling site is open on such day or days shall be the same hours as the county clerk's designated early voting location under subdivision (a)(1)(A) of this section for such day or days.

(D) If the county board of election commissioners is unable to secure one (1) or more additional polling sites for early voting on one (1) or more days under subdivision (b)(1)(A) of this section that will allow voting to occur during the same hours of the county clerk's designated early voting location under subdivision (a)(1)(A) of this section for such day or days, the hours the additional early voting polling site is open on such day or days shall be as close to the hours of the county clerk's designated early voting location as possible.

(2) The county board of election commissioners shall appoint the election officials for the additional early voting polling site or sites in the same manner as election officials are appointed for election day.

(3) (A) The county board of election commissioners shall notify the county clerk of its decision to hold early voting at additional polling sites outside the office of the county clerk within ten (10) days of the decision. (B) If the county board of election commissioners decides to hold early voting at one (1) or more conveniently located polling sites on the days and times under subsection (a) of this section, the county clerk may choose not to hold early voting within the office of the county clerk. The county clerk shall notify the county board of election commissioners within ten (10) days of the receipt of notice from the county board of election commissioners regarding early voting at additional polling sites.

(A) The county board of election commissioners shall notify the county clerk of its decision to hold early voting at additional polling sites outside the office of the county clerk within ten (10) days of the decision.

(B) If the county board of election commissioners decides to hold early voting at one (1) or more conveniently located polling sites on the days and times under subsection (a) of this section, the county clerk may choose not to hold early voting within the office of the county clerk. The county clerk shall notify the county board of election commissioners within ten (10) days of the receipt of notice from the county board of election commissioners regarding early voting at additional polling sites.

(4) The early voting election official shall record the date on all pages of the early voting roster or early voting request form and keep a daily record of the number of early ballots cast.

(5) (A) All voted ballots and unvoted ballots and all related election materials at each additional early voting polling site shall be stored in a secure location in the county courthouse or in a secure location as determined by the county board of election commissioners immediately after the close of the additional polling sites each day that early voting is conducted there. (B) If the county board of election commissioners determines that the equipment and materials necessary to operate a polling site will be transferred from one (1) polling site that is opened for a portion of the early voting period to another polling site that is subsequently open during the early voting period, the following provisions shall apply to those polling sites: (i) Ballots cast using a tabulator shall be: (a) Secured at the central location used to secure all other ballots before or contemporaneously with the transportation of the tabulator between early voting locations; and (b) Removed to the storage location in a container designed so that the cast ballots may be secured with a number seal without any election official being able to observe the contents of the ballots; and (ii) Ballots cast using a marking device and a ballot box shall be: (a) Deposited in a separate ballot box secured with a numbered seal for each polling location that is utilized; and (b) Secured at the central location used to secure all other ballots before or contemporaneously with the transportation of the other voting equipment between early voting locations.

(A) All voted ballots and unvoted ballots and all related election materials at each additional early voting polling site shall be stored in a secure location in the county courthouse or in a secure location as determined by the county board of election commissioners immediately after the close of the additional polling sites each day that early voting is conducted there.

(B) If the county board of election commissioners determines that the equipment and materials necessary to operate a polling site will be transferred from one (1) polling site that is opened for a portion of the early voting period to another polling site that is subsequently open during the early voting period, the following provisions shall apply to those polling sites: (i) Ballots cast using a tabulator shall be: (a) Secured at the central location used to secure all other ballots before or contemporaneously with the transportation of the tabulator between early voting locations; and (b) Removed to the storage location in a container designed so that the cast ballots may be secured with a number seal without any election official being able to observe the contents of the ballots; and (ii) Ballots cast using a marking device and a ballot box shall be: (a) Deposited in a separate ballot box secured with a numbered seal for each polling location that is utilized; and (b) Secured at the central location used to secure all other ballots before or contemporaneously with the transportation of the other voting equipment between early voting locations.

(i) Ballots cast using a tabulator shall be: (a) Secured at the central location used to secure all other ballots before or contemporaneously with the transportation of the tabulator between early voting locations; and (b) Removed to the storage location in a container designed so that the cast ballots may be secured with a number seal without any election official being able to observe the contents of the ballots; and

(a) Secured at the central location used to secure all other ballots before or contemporaneously with the transportation of the tabulator between early voting locations; and

(b) Removed to the storage location in a container designed so that the cast ballots may be secured with a number seal without any election official being able to observe the contents of the ballots; and

(ii) Ballots cast using a marking device and a ballot box shall be: (a) Deposited in a separate ballot box secured with a numbered seal for each polling location that is utilized; and (b) Secured at the central location used to secure all other ballots before or contemporaneously with the transportation of the other voting equipment between early voting locations.

(a) Deposited in a separate ballot box secured with a numbered seal for each polling location that is utilized; and

(b) Secured at the central location used to secure all other ballots before or contemporaneously with the transportation of the other voting equipment between early voting locations.

(c) Before a person is permitted to cast an early vote, the county clerk or election official shall: (1) Request the voter to identify himself or herself by stating his or her name, date of birth, and address in order to verify his or her registration; (2) Request that the voter verify his or her registration by providing a document or identification card that meets the requirements of Arkansas Constitution, Amendment 51, § 13, if required by that section; (3) If the voter's name or address is not the same as that in the county voter registration record files, request the voter to complete an updated voter registration application form; (4) Request the voter to sign an early voting roster or early voting request form that identifies his or her name, address, date of birth, and the date on the roster or form; (5) Enter the voter's precinct number on the early voting roster or early voting request form; (6) Verify if a person requested an absentee ballot according to the precinct voter registration list; and (7) Permit a person to cast a provisional ballot if the person received an absentee ballot according to the precinct voter registration list.

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

(2) Request that the voter verify his or her registration by providing a document or identification card that meets the requirements of Arkansas Constitution, Amendment 51, § 13, if required by that section;

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

(4) Request the voter to sign an early voting roster or early voting request form that identifies his or her name, address, date of birth, and the date on the roster or form;

(5) Enter the voter's precinct number on the early voting roster or early voting request form;

(6) Verify if a person requested an absentee ballot according to the precinct voter registration list; and

(7) Permit a person to cast a provisional ballot if the person received an absentee ballot according to the precinct voter registration list.

(d) (1) If the voter is not listed in the county voter registration record files and the county clerk is unable to verify the voter's registration and if the voter contends that he or she is eligible to vote, then the voter may vote a provisional ballot that shall be counted only upon verification of the voter's registration status. (2) (A) If the voter fails to present verification of voter registration, the election official shall follow the procedure in Arkansas Constitution, Amendment 51, § 13. (B) (i) A person who is a resident of a long-term care or residential care facility licensed by the state is not required to provide verification of voter registration before voting. (ii) A person not required to provide verification of voter registration under subdivision (d)(2)(B)(i) of this section shall provide documentation from the administrator of the facility attesting that the person is a resident of the facility.

(1) If the voter is not listed in the county voter registration record files and the county clerk is unable to verify the voter's registration and if the voter contends that he or she is eligible to vote, then the voter may vote a provisional ballot that shall be counted only upon verification of the voter's registration status.

(2) (A) If the voter fails to present verification of voter registration, the election official shall follow the procedure in Arkansas Constitution, Amendment 51, § 13. (B) (i) A person who is a resident of a long-term care or residential care facility licensed by the state is not required to provide verification of voter registration before voting. (ii) A person not required to provide verification of voter registration under subdivision (d)(2)(B)(i) of this section shall provide documentation from the administrator of the facility attesting that the person is a resident of the facility.

(A) If the voter fails to present verification of voter registration, the election official shall follow the procedure in Arkansas Constitution, Amendment 51, § 13.

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

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

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

(e) The county clerk or county board of election commissioners shall furnish voting locations that adequately allow the early voter to personally and secretly execute his or her ballot.

(f) Except as provided in this section, early voting shall be conducted in the same manner as voting on election day. Conduct that is prohibited or restricted on election day shall be subject to the same prohibitions and restrictions on the days on which early voting is conducted.

(g) (1) The county clerk shall electronically record in the permanent voter registration record of an elector who voted at an early voting location to indicate that the elector has voted. (2) Except as provided under subdivision (g)(3) of this section, the county clerk shall electronically record in the permanent voter registration record no later than twenty-four (24) hours after the elector has voted. (3) If the elector votes on a Friday or Saturday, the county clerk shall electronically record in the permanent voter registration record no later than the close of business on the Monday following the vote.

(1) The county clerk shall electronically record in the permanent voter registration record of an elector who voted at an early voting location to indicate that the elector has voted.

(2) Except as provided under subdivision (g)(3) of this section, the county clerk shall electronically record in the permanent voter registration record no later than twenty-four (24) hours after the elector has voted.

(3) If the elector votes on a Friday or Saturday, the county clerk shall electronically record in the permanent voter registration record no later than the close of business on the Monday following the vote.

Amended by Act 2023, No. 263,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 246,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 92,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 1063,§ 8, eff. 7/28/2021.

Amended by Act 2017, No. 910,§ 7, eff. 1/1/2018.

Amended by Act 2017, No. 633,§ 13, eff. 8/1/2017.

Amended by Act 2016EX3, No. 15,§ 6, eff. 5/23/2016.

Amended by Act 2016EX3, No. 14,§ 6, eff. 5/23/2016.

Amended by Act 2013, No. 1059,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 979,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 595,§ 6, 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 1995, No. 686, § 7; 1995, No. 948, § 7; 1997, No. 967, § 1; 1997, No. 1092, § 14; 2003, No. 269, § 1; 2005, No. 655, § 1; 2005, No. 880, § 8; 2005, No. 1690, § 1; 2007, No. 556, § 15; 2007, No. 987, § 1; 2009, No. 375, § 3; 2009, No. 959, § 21.
Ark. Code Ann. § 7-4-103 — AR Code / Title 7 / Chapter 4 / Subchapter 1 / Section 7-4-103
Vacancy or disqualification of state or county chair
Status: in_force

In the event of a vacancy or disqualification on the part of any state or county chair for either the majority party or a minority party, the state vice chair or county vice chair of the party in which the vacancy occurs shall act as county chair or state chair, as the case may be, for all of the purposes set out in § 7-4-101 and this section until a new county chair or state chair is selected by the parties. Amended by Act 2013, No. 1154,§ 1, eff. 8/16/2013. Acts 1969, No. 465, Art. 5, §§ 2, 5; A.S.A. 1947, §§ 3-502, 3-505; Acts 1987, No. 248, § 6; 1995, No. 1014, § 2; 2001, No. 794, § 1; 2011, No. 1056, § 2.

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

Amended by Act 2013, No. 1154,§ 1, eff. 8/16/2013.

Acts 1969, No. 465, Art. 5, §§ 2, 5; A.S.A. 1947, §§ 3-502, 3-505; Acts 1987, No. 248, § 6; 1995, No. 1014, § 2; 2001, No. 794, § 1; 2011, No. 1056, § 2.
Ark. Code Ann. § 7-5-804 — AR Code / Title 7 / Chapter 5 / Subchapter 8 / Section 7-5-804
Trial - Appeal - Enforcement - Other laws superseded
Status: in_force

(a) The election contest shall be tried by the circuit judge in open court without a jury. (b) An appeal may be taken from the judgment. However, the appeal shall not operate as a supersedeas by judicial order or otherwise and the judgment of the circuit court shall be obeyed by officeholders, political committees and their officers, and all election officials, until reversed. It shall be the duty of the Supreme Court to advance the hearing of any such appeal. (c) The circuit court or, when necessary, the circuit judge in vacation shall enforce by mandamus to the officers of political parties and election officials, or both, or the Secretary of State the proper certification and proper ballot in accordance with the judgment of the court and shall punish the failure of any such officers to obey the mandamus by imprisonment in the county jail. (d) Except as provided in this subchapter, all laws pertaining to general and special elections or rules of political organizations regarding primary elections providing for contest before political conventions or committees, other than the proceedings provided in this subchapter, shall be of no further force or effect. Acts 1969, No. 465, Art. 10, § 4; A.S.A. 1947, § 3-1004; Acts 1997, No. 446, § 36.

(a) The election contest shall be tried by the circuit judge in open court without a jury.

(b) An appeal may be taken from the judgment. However, the appeal shall not operate as a supersedeas by judicial order or otherwise and the judgment of the circuit court shall be obeyed by officeholders, political committees and their officers, and all election officials, until reversed. It shall be the duty of the Supreme Court to advance the hearing of any such appeal.

(c) The circuit court or, when necessary, the circuit judge in vacation shall enforce by mandamus to the officers of political parties and election officials, or both, or the Secretary of State the proper certification and proper ballot in accordance with the judgment of the court and shall punish the failure of any such officers to obey the mandamus by imprisonment in the county jail.

(d) Except as provided in this subchapter, all laws pertaining to general and special elections or rules of political organizations regarding primary elections providing for contest before political conventions or committees, other than the proceedings provided in this subchapter, shall be of no further force or effect.

Acts 1969, No. 465, Art. 10, § 4; A.S.A. 1947, § 3-1004; Acts 1997, No. 446, § 36.
Ark. Code Ann. § 7-5-213 — AR Code / Title 7 / Chapter 5 / Subchapter 2 / Section 7-5-213
Counting votes when special error correction ballots are utilized - Procedures
Status: in_force

(a) In the event that special error correction ballots are utilized under § 7-5-209 , a county board of election commissioners shall count all special error correction ballots cast as regular ballots under the following procedures: (1) The special error correction ballots shall be counted at the time designated in the notice of election for the canvassing and counting of absentee ballots on election day; and (2) The vote totals shall be included with the vote totals for the issue or race which appeared on the special error correction ballots. (b) In the event that a special error correction ballot is utilized under § 7-5-209 , a county board of election commissioners shall count all special error correction ballots cast as provisional ballots under the following procedures: (1) The special error correction ballots shall be canvassed at the time and location as other provisional ballots; (2) The ballot shall be counted if: (A) The voter was a qualified elector for the issue or race that was the subject of the special error correction ballot; (B) The voter cast a ballot that was affected by the error necessitating the special error correction ballot; and (C) The county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds; (3) The provisional special error correction ballots that are approved by the county board of election commissioners shall be hand counted at the time other provisional ballots are counted; and (4) The vote totals shall be manually included with the vote totals for the issue or race which appeared on the special error correction ballots. Added by Act 2023, No. 308,§ 2, eff. 8/1/2023.

(a) In the event that special error correction ballots are utilized under § 7-5-209 , a county board of election commissioners shall count all special error correction ballots cast as regular ballots under the following procedures: (1) The special error correction ballots shall be counted at the time designated in the notice of election for the canvassing and counting of absentee ballots on election day; and (2) The vote totals shall be included with the vote totals for the issue or race which appeared on the special error correction ballots.

(1) The special error correction ballots shall be counted at the time designated in the notice of election for the canvassing and counting of absentee ballots on election day; and

(2) The vote totals shall be included with the vote totals for the issue or race which appeared on the special error correction ballots.

(b) In the event that a special error correction ballot is utilized under § 7-5-209 , a county board of election commissioners shall count all special error correction ballots cast as provisional ballots under the following procedures: (1) The special error correction ballots shall be canvassed at the time and location as other provisional ballots; (2) The ballot shall be counted if: (A) The voter was a qualified elector for the issue or race that was the subject of the special error correction ballot; (B) The voter cast a ballot that was affected by the error necessitating the special error correction ballot; and (C) The county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds; (3) The provisional special error correction ballots that are approved by the county board of election commissioners shall be hand counted at the time other provisional ballots are counted; and (4) The vote totals shall be manually included with the vote totals for the issue or race which appeared on the special error correction ballots.

(1) The special error correction ballots shall be canvassed at the time and location as other provisional ballots;

(2) The ballot shall be counted if: (A) The voter was a qualified elector for the issue or race that was the subject of the special error correction ballot; (B) The voter cast a ballot that was affected by the error necessitating the special error correction ballot; and (C) The county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds;

(A) The voter was a qualified elector for the issue or race that was the subject of the special error correction ballot;

(B) The voter cast a ballot that was affected by the error necessitating the special error correction ballot; and

(C) The county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds;

(3) The provisional special error correction ballots that are approved by the county board of election commissioners shall be hand counted at the time other provisional ballots are counted; and

(4) The vote totals shall be manually included with the vote totals for the issue or race which appeared on the special error correction ballots.

Added by Act 2023, No. 308,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 7-5-301 — AR Code / Title 7 / Chapter 5 / Subchapter 3 / Section 7-5-301
Acquisition, use, and cost of voting systems
Status: in_force

(a) The casting and counting of votes in all elections shall be by: (1) Voting machines selected by the Secretary of State; (2) Electronic vote tabulating devices in combination with voting machines accessible to voters with disabilities to be selected by the Secretary of State; or (3) Paper ballots counted by hand in combination with voting machines accessible to voters with disabilities selected by the Secretary of State. (b) All direct recording electronic voting machines shall include a voter-verified paper audit trail. (c) (1) The quorum court of each county shall choose by resolution a voting system containing voting machines or electronic vote tabulating devices, or both, or voting machines in combination with paper ballots counted by hand for use in all elections in the county. (2) Any voting machine or electronic vote tabulating devices chosen by the quorum court shall be those selected by the Secretary of State. (3) Any voting system used in elections for federal office shall comply with the requirements of the federal Help America Vote Act of 2002. (d) (1) Voting machines and electronic vote tabulating devices shall be purchased pursuant to a competitive bidding process with consideration given to: (A) Price; (B) Quality; and (C) Adaptability to Arkansas ballot requirements. (2) (A) The Secretary of State shall establish guidelines and procedures for a grant program to distribute funds from the County Voting System Grant Fund, § 19-5-1247 . (B) A grant provided to a county from the County Voting System Grant Fund, § 19-5-1247 , shall be paid into the county treasury to the credit of the voting system grant fund. (C) Moneys deposited into the voting system grant fund shall be appropriated by the quorum court according to the guidelines established by the Secretary of State under subdivision (d)(2)(A) of this section. (e) The Secretary of State or the county shall not purchase or procure any voting machine or electronic vote tabulating device unless the party selling the machine or device shall: (1) Guarantee the machines in writing for a period of one (1) year; and (2) Provide, if deemed necessary by the county, personnel for the supervision and training of county personnel for at least two (2) elections, one (1) primary and one (1) general at no additional cost to the county or the Secretary of State. (f) Each county shall provide polling places that are adequate for the operation of the voting system, including, but not limited to, access, if necessary, to a sufficient number of electrical outlets and telephone lines. (g) Each county shall provide or contract for adequate technical support for the installation, set up, and operation of the voting system for each election. (h) The Secretary of State shall be responsible for the development, implementation, and provision of a continuing program to educate voters and election officials in the proper use of the voting system. (i) Electronic vote tabulating devices and voting machines, authorized as provided under this subchapter, may be acquired and used in any election upon the adoption of an ordinance by the quorum court of the county. (j) The costs of using electronic vote tabulating devices and voting machines at all general and special elections, including, but not limited to, costs of supplies, technical assistance, and transportation of the systems to and from the polling places, shall be paid in accordance with § 7-5-104 . (k) The county board of election commissioners shall have complete control and supervision of voting machines and electronic vote tabulating devices at all elections. (l) The county clerk shall have supervision of voting machines and electronic vote tabulating devices used for early voting in the clerk's designated early voting location. (m) (1) The county board of election commissioners shall have the care and custody of all voting machines and all electronic vote tabulating devices while not in use. (2) The county board of election commissioners shall be responsible for the proper preparation, use, maintenance, and care of the voting machines and the electronic vote tabulating devices during the period of time required for that election. (n) During any time a voter is eligible to cast a ballot, the electronic voting machine or the electronic vote tabulating device shall not: (1) Be connected to the internet or an external network; (2) Be capable of establishing a wireless connection; or (3) Establish a connection to an external network through: (A) A cable; (B) A wireless modem; or (C) Any other mechanism or process. Amended by Act 2021, No. 735,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 468,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 399,§ 1, eff. 7/24/2019. Amended by Act 2015, No. 1218,§ 4, eff. 7/22/2015. Amended by Act 2013, No. 277,§ 1, eff. 8/16/2013. Acts 1969, No. 465, Art. 7, § 2; 1971, No. 261, § 10; A.S.A. 1947, § 3-702; Acts 1995, No. 946, § 4; 1995, No. 963, § 4; 1997, No. 451, § 16; 2005, No. 2233, § 4; 2007, No. 1020, § 5; 2009, No. 959, §§ 8, 9; 2011, No. 1189, § 2.

(a) The casting and counting of votes in all elections shall be by: (1) Voting machines selected by the Secretary of State; (2) Electronic vote tabulating devices in combination with voting machines accessible to voters with disabilities to be selected by the Secretary of State; or (3) Paper ballots counted by hand in combination with voting machines accessible to voters with disabilities selected by the Secretary of State.

(1) Voting machines selected by the Secretary of State;

(2) Electronic vote tabulating devices in combination with voting machines accessible to voters with disabilities to be selected by the Secretary of State; or

(3) Paper ballots counted by hand in combination with voting machines accessible to voters with disabilities selected by the Secretary of State.

(b) All direct recording electronic voting machines shall include a voter-verified paper audit trail.

(c) (1) The quorum court of each county shall choose by resolution a voting system containing voting machines or electronic vote tabulating devices, or both, or voting machines in combination with paper ballots counted by hand for use in all elections in the county. (2) Any voting machine or electronic vote tabulating devices chosen by the quorum court shall be those selected by the Secretary of State. (3) Any voting system used in elections for federal office shall comply with the requirements of the federal Help America Vote Act of 2002.

(1) The quorum court of each county shall choose by resolution a voting system containing voting machines or electronic vote tabulating devices, or both, or voting machines in combination with paper ballots counted by hand for use in all elections in the county.

(2) Any voting machine or electronic vote tabulating devices chosen by the quorum court shall be those selected by the Secretary of State.

(3) Any voting system used in elections for federal office shall comply with the requirements of the federal Help America Vote Act of 2002.

(d) (1) Voting machines and electronic vote tabulating devices shall be purchased pursuant to a competitive bidding process with consideration given to: (A) Price; (B) Quality; and (C) Adaptability to Arkansas ballot requirements. (2) (A) The Secretary of State shall establish guidelines and procedures for a grant program to distribute funds from the County Voting System Grant Fund, § 19-5-1247 . (B) A grant provided to a county from the County Voting System Grant Fund, § 19-5-1247 , shall be paid into the county treasury to the credit of the voting system grant fund. (C) Moneys deposited into the voting system grant fund shall be appropriated by the quorum court according to the guidelines established by the Secretary of State under subdivision (d)(2)(A) of this section.

(1) Voting machines and electronic vote tabulating devices shall be purchased pursuant to a competitive bidding process with consideration given to: (A) Price; (B) Quality; and (C) Adaptability to Arkansas ballot requirements.

(A) Price;

(B) Quality; and

(C) Adaptability to Arkansas ballot requirements.

(2) (A) The Secretary of State shall establish guidelines and procedures for a grant program to distribute funds from the County Voting System Grant Fund, § 19-5-1247 . (B) A grant provided to a county from the County Voting System Grant Fund, § 19-5-1247 , shall be paid into the county treasury to the credit of the voting system grant fund. (C) Moneys deposited into the voting system grant fund shall be appropriated by the quorum court according to the guidelines established by the Secretary of State under subdivision (d)(2)(A) of this section.

(A) The Secretary of State shall establish guidelines and procedures for a grant program to distribute funds from the County Voting System Grant Fund, § 19-5-1247 .

(B) A grant provided to a county from the County Voting System Grant Fund, § 19-5-1247 , shall be paid into the county treasury to the credit of the voting system grant fund.

(C) Moneys deposited into the voting system grant fund shall be appropriated by the quorum court according to the guidelines established by the Secretary of State under subdivision (d)(2)(A) of this section.

(e) The Secretary of State or the county shall not purchase or procure any voting machine or electronic vote tabulating device unless the party selling the machine or device shall: (1) Guarantee the machines in writing for a period of one (1) year; and (2) Provide, if deemed necessary by the county, personnel for the supervision and training of county personnel for at least two (2) elections, one (1) primary and one (1) general at no additional cost to the county or the Secretary of State.

(1) Guarantee the machines in writing for a period of one (1) year; and

(2) Provide, if deemed necessary by the county, personnel for the supervision and training of county personnel for at least two (2) elections, one (1) primary and one (1) general at no additional cost to the county or the Secretary of State.

(f) Each county shall provide polling places that are adequate for the operation of the voting system, including, but not limited to, access, if necessary, to a sufficient number of electrical outlets and telephone lines.

(g) Each county shall provide or contract for adequate technical support for the installation, set up, and operation of the voting system for each election.

(h) The Secretary of State shall be responsible for the development, implementation, and provision of a continuing program to educate voters and election officials in the proper use of the voting system.

(i) Electronic vote tabulating devices and voting machines, authorized as provided under this subchapter, may be acquired and used in any election upon the adoption of an ordinance by the quorum court of the county.

(j) The costs of using electronic vote tabulating devices and voting machines at all general and special elections, including, but not limited to, costs of supplies, technical assistance, and transportation of the systems to and from the polling places, shall be paid in accordance with § 7-5-104 .

(k) The county board of election commissioners shall have complete control and supervision of voting machines and electronic vote tabulating devices at all elections.

(l) The county clerk shall have supervision of voting machines and electronic vote tabulating devices used for early voting in the clerk's designated early voting location.

(m) (1) The county board of election commissioners shall have the care and custody of all voting machines and all electronic vote tabulating devices while not in use. (2) The county board of election commissioners shall be responsible for the proper preparation, use, maintenance, and care of the voting machines and the electronic vote tabulating devices during the period of time required for that election.

(1) The county board of election commissioners shall have the care and custody of all voting machines and all electronic vote tabulating devices while not in use.

(2) The county board of election commissioners shall be responsible for the proper preparation, use, maintenance, and care of the voting machines and the electronic vote tabulating devices during the period of time required for that election.

(n) During any time a voter is eligible to cast a ballot, the electronic voting machine or the electronic vote tabulating device shall not: (1) Be connected to the internet or an external network; (2) Be capable of establishing a wireless connection; or (3) Establish a connection to an external network through: (A) A cable; (B) A wireless modem; or (C) Any other mechanism or process.

(1) Be connected to the internet or an external network;

(2) Be capable of establishing a wireless connection; or

(3) Establish a connection to an external network through: (A) A cable; (B) A wireless modem; or (C) Any other mechanism or process.

(A) A cable;

(B) A wireless modem; or

(C) Any other mechanism or process.

Amended by Act 2021, No. 735,§ 1, eff. 7/28/2021.

Amended by Act 2021, No. 468,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 399,§ 1, eff. 7/24/2019.

Amended by Act 2015, No. 1218,§ 4, eff. 7/22/2015.

Amended by Act 2013, No. 277,§ 1, eff. 8/16/2013.

Acts 1969, No. 465, Art. 7, § 2; 1971, No. 261, § 10; A.S.A. 1947, § 3-702; Acts 1995, No. 946, § 4; 1995, No. 963, § 4; 1997, No. 451, § 16; 2005, No. 2233, § 4; 2007, No. 1020, § 5; 2009, No. 959, §§ 8, 9; 2011, No. 1189, § 2.
Ark. Code Ann. § 7-9-305 — AR Code / Title 7 / Chapter 9 / Subchapter 3 / Section 7-9-305
Election and certification of delegates
Status: in_force

(a) The county board of election commissioners shall include on the general election ballots the names of all candidates for delegate to the constitutional convention as certified by the Secretary of State. (b) (1) The candidate receiving a majority of the votes for a particular position in the general election shall be declared elected as a delegate to the convention. (2) (A) In the event that more than two (2) candidates are seeking a particular delegate position and no candidate receives a majority of the votes cast for all candidates for the position, the names of the two (2) candidates receiving the highest number of votes for the position shall be certified to a special runoff election that shall be held by the respective county board of election commissioners of the district four (4) weeks from the day on which the general election is held. (B) The special runoff election shall be conducted in the same manner as is provided by law, and the election results shall be canvassed and certified in the manner provided by law. (3) A tie vote for a delegate position in the special runoff election shall be determined by drawing lots in the presence of the circuit court of the county within ten (10) days from the date of the election. (c) The results of the election of delegates at the general election or at a special runoff election held for delegate positions shall be certified to the Secretary of State along with the other election results as is now provided by law. Amended by Act 2017, No. 1104,§ 5, eff. 8/1/2017. Acts 1968 (1st Ex. Sess.), No. 42, § 5; A.S.A. 1947, § 2-108; Acts 1993, No. 512, § 11; 2007, No. 1020, § 19.

(a) The county board of election commissioners shall include on the general election ballots the names of all candidates for delegate to the constitutional convention as certified by the Secretary of State.

(b) (1) The candidate receiving a majority of the votes for a particular position in the general election shall be declared elected as a delegate to the convention. (2) (A) In the event that more than two (2) candidates are seeking a particular delegate position and no candidate receives a majority of the votes cast for all candidates for the position, the names of the two (2) candidates receiving the highest number of votes for the position shall be certified to a special runoff election that shall be held by the respective county board of election commissioners of the district four (4) weeks from the day on which the general election is held. (B) The special runoff election shall be conducted in the same manner as is provided by law, and the election results shall be canvassed and certified in the manner provided by law. (3) A tie vote for a delegate position in the special runoff election shall be determined by drawing lots in the presence of the circuit court of the county within ten (10) days from the date of the election.

(1) The candidate receiving a majority of the votes for a particular position in the general election shall be declared elected as a delegate to the convention.

(2) (A) In the event that more than two (2) candidates are seeking a particular delegate position and no candidate receives a majority of the votes cast for all candidates for the position, the names of the two (2) candidates receiving the highest number of votes for the position shall be certified to a special runoff election that shall be held by the respective county board of election commissioners of the district four (4) weeks from the day on which the general election is held. (B) The special runoff election shall be conducted in the same manner as is provided by law, and the election results shall be canvassed and certified in the manner provided by law.

(A) In the event that more than two (2) candidates are seeking a particular delegate position and no candidate receives a majority of the votes cast for all candidates for the position, the names of the two (2) candidates receiving the highest number of votes for the position shall be certified to a special runoff election that shall be held by the respective county board of election commissioners of the district four (4) weeks from the day on which the general election is held.

(B) The special runoff election shall be conducted in the same manner as is provided by law, and the election results shall be canvassed and certified in the manner provided by law.

(3) A tie vote for a delegate position in the special runoff election shall be determined by drawing lots in the presence of the circuit court of the county within ten (10) days from the date of the election.

(c) The results of the election of delegates at the general election or at a special runoff election held for delegate positions shall be certified to the Secretary of State along with the other election results as is now provided by law.

Amended by Act 2017, No. 1104,§ 5, eff. 8/1/2017.

Acts 1968 (1st Ex. Sess.), No. 42, § 5; A.S.A. 1947, § 2-108; Acts 1993, No. 512, § 11; 2007, No. 1020, § 19.
Ark. Code Ann. § 7-9-107 — AR Code / Title 7 / Chapter 9 / Subchapter 1 / Section 7-9-107
Filing of original draft before circulation
Status: in_force

(a) Before any initiative petition or referendum petition ordering a vote upon any amendment or act shall be circulated for obtaining signatures of petitioners, the sponsors shall submit the original draft with the Attorney General. (b) The original draft shall include: (1) The full text of the proposed measure; (2) A ballot title for the proposed measure; and (3) A popular name for the proposed measure. (c) The Attorney General shall return to the sponsor a file-marked copy of the original draft that shall serve as evidence that the original draft was filed in compliance with this section. (d) (1) Within ten (10) business days, the Attorney General shall approve and certify or shall substitute and certify a more suitable and correct ballot title and popular name for each amendment or act. (2) The ballot title so submitted or supplied by the Attorney General shall briefly and concisely state the purpose of the proposed measure. (e) If, as a result of his or her review of the ballot title and popular name of a proposed initiated act or a proposed amendment to the Arkansas Constitution, the Attorney General determines that the ballot title or the nature of the issue, is presented in such manner that the ballot title would be misleading or designed in such manner that a vote "FOR" the issue would be a vote against the matter or viewpoint that the voter believes himself or herself casting a vote for, or, conversely, that a vote "AGAINST" the issue would be a vote for a viewpoint that the voter is against, the Attorney General may reject the entire ballot title, popular name, and petition and state his or her reasons therefor and instruct the petitioners to redesign the proposed measure and the ballot title and popular name in a manner that would not be misleading. (f) If the Attorney General refuses to act or if the sponsors feel aggrieved at the Attorney General's acts in such premises, the sponsors may, by petition, apply to the Supreme Court for proper relief. Amended by Act 2023, No. 194,§ 2, eff. 3/6/2023. Amended by Act 2019, No. 376,§ 6, eff. 3/8/2019. Amended by Act 2013, No. 1413,§ 9, eff. 4/22/2013. Amended by Act 2013, No. 1413,§ 8, eff. 4/22/2013. Acts 1943, No. 195, § 4; 1977, No. 208, § 1; A.S.A. 1947, § 2-208; Acts 1989, No. 280, § 3; 1989, No. 912, § 6.

(a) Before any initiative petition or referendum petition ordering a vote upon any amendment or act shall be circulated for obtaining signatures of petitioners, the sponsors shall submit the original draft with the Attorney General.

(b) The original draft shall include: (1) The full text of the proposed measure; (2) A ballot title for the proposed measure; and (3) A popular name for the proposed measure.

(1) The full text of the proposed measure;

(2) A ballot title for the proposed measure; and

(3) A popular name for the proposed measure.

(c) The Attorney General shall return to the sponsor a file-marked copy of the original draft that shall serve as evidence that the original draft was filed in compliance with this section.

(d) (1) Within ten (10) business days, the Attorney General shall approve and certify or shall substitute and certify a more suitable and correct ballot title and popular name for each amendment or act. (2) The ballot title so submitted or supplied by the Attorney General shall briefly and concisely state the purpose of the proposed measure.

(1) Within ten (10) business days, the Attorney General shall approve and certify or shall substitute and certify a more suitable and correct ballot title and popular name for each amendment or act.

(2) The ballot title so submitted or supplied by the Attorney General shall briefly and concisely state the purpose of the proposed measure.

(e) If, as a result of his or her review of the ballot title and popular name of a proposed initiated act or a proposed amendment to the Arkansas Constitution, the Attorney General determines that the ballot title or the nature of the issue, is presented in such manner that the ballot title would be misleading or designed in such manner that a vote "FOR" the issue would be a vote against the matter or viewpoint that the voter believes himself or herself casting a vote for, or, conversely, that a vote "AGAINST" the issue would be a vote for a viewpoint that the voter is against, the Attorney General may reject the entire ballot title, popular name, and petition and state his or her reasons therefor and instruct the petitioners to redesign the proposed measure and the ballot title and popular name in a manner that would not be misleading.

(f) If the Attorney General refuses to act or if the sponsors feel aggrieved at the Attorney General's acts in such premises, the sponsors may, by petition, apply to the Supreme Court for proper relief.

Amended by Act 2023, No. 194,§ 2, eff. 3/6/2023.

Amended by Act 2019, No. 376,§ 6, eff. 3/8/2019.

Amended by Act 2013, No. 1413,§ 9, eff. 4/22/2013.

Amended by Act 2013, No. 1413,§ 8, eff. 4/22/2013.

Acts 1943, No. 195, § 4; 1977, No. 208, § 1; A.S.A. 1947, § 2-208; Acts 1989, No. 280, § 3; 1989, No. 912, § 6.
Ark. Code Ann. § 7-5-602 — AR Code / Title 7 / Chapter 5 / Subchapter 6 / Section 7-5-602
Ballots - Number - Official - Marking device - Spoiled
Status: in_force

(a) (1) The county board of election commissioners of each county in this state using paper ballots counted by hand at the polling site, paper ballots counted by an electronic vote tabulating device at the polling site, or paper ballots cast at a polling site and counted at a central location shall provide for each election precinct one hundred fifty (150) printed ballots for each one hundred (100) or fraction of one hundred (100) electors voting on paper ballots at the last preceding comparable election. (2) The total number of ballots required to be printed for each election precinct shall not exceed one hundred five percent (105%) of the total number of registered voters for the respective precinct. (b) A ballot shall not be received or counted in any election to which this subchapter applies unless it is approved and provided by the county board of election commissioners under this section. (c) At all elections in counties that use paper ballots and in which those ballots are counted by hand, the ballots shall: (1) First be marked using permanent ink; and (2) (A) Be run through an electronic vote tabulation device before a hand count is conducted. (B) (i) The requirement under subdivision (c)(2)(A) of this section shall apply in all general elections and preferential primary elections. (ii) The requirement under subdivision (c)(2)(A) of this section is optional if an election: (a) Is an election other than the general election or the preferential primary election; and (b) Involves fewer than five thousand (5,000) registered voters. (d) (1) A voter who shall by accident or mistake mark or spoil any ballot so that he or she cannot conveniently or clearly vote on the ballot may return it to the poll workers and receive another ballot, not to exceed three (3) ballots in total. (2) (A) Spoiled ballots shall be cancelled by a poll worker by using a stamp marked "CANCELLED" on the face of the ballot. (B) The poll worker shall write the date and time, and print and sign his or her name next to the stamp marked "CANCELLED". (C) The election judge shall report the total number of spoiled ballots to the county board of election commissioners. (3) The cancelled ballots shall be securely preserved separately from other ballots with the total number of cancelled ballots and returned to the county board of election commissioners and shall be open to public inspection. Amended by Act 2023, No. 329,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 743,§ 2, eff. 4/12/2023. Amended by Act 2023, No. 350,§ 2, eff. 3/21/2023. Amended by Act 2021, No. 736,§ 15, eff. 7/28/2021. Acts 2009, No. 1480, § 36.

(a) (1) The county board of election commissioners of each county in this state using paper ballots counted by hand at the polling site, paper ballots counted by an electronic vote tabulating device at the polling site, or paper ballots cast at a polling site and counted at a central location shall provide for each election precinct one hundred fifty (150) printed ballots for each one hundred (100) or fraction of one hundred (100) electors voting on paper ballots at the last preceding comparable election. (2) The total number of ballots required to be printed for each election precinct shall not exceed one hundred five percent (105%) of the total number of registered voters for the respective precinct.

(1) The county board of election commissioners of each county in this state using paper ballots counted by hand at the polling site, paper ballots counted by an electronic vote tabulating device at the polling site, or paper ballots cast at a polling site and counted at a central location shall provide for each election precinct one hundred fifty (150) printed ballots for each one hundred (100) or fraction of one hundred (100) electors voting on paper ballots at the last preceding comparable election.

(2) The total number of ballots required to be printed for each election precinct shall not exceed one hundred five percent (105%) of the total number of registered voters for the respective precinct.

(b) A ballot shall not be received or counted in any election to which this subchapter applies unless it is approved and provided by the county board of election commissioners under this section.

(c) At all elections in counties that use paper ballots and in which those ballots are counted by hand, the ballots shall: (1) First be marked using permanent ink; and (2) (A) Be run through an electronic vote tabulation device before a hand count is conducted. (B) (i) The requirement under subdivision (c)(2)(A) of this section shall apply in all general elections and preferential primary elections. (ii) The requirement under subdivision (c)(2)(A) of this section is optional if an election: (a) Is an election other than the general election or the preferential primary election; and (b) Involves fewer than five thousand (5,000) registered voters.

(1) First be marked using permanent ink; and

(2) (A) Be run through an electronic vote tabulation device before a hand count is conducted. (B) (i) The requirement under subdivision (c)(2)(A) of this section shall apply in all general elections and preferential primary elections. (ii) The requirement under subdivision (c)(2)(A) of this section is optional if an election: (a) Is an election other than the general election or the preferential primary election; and (b) Involves fewer than five thousand (5,000) registered voters.

(A) Be run through an electronic vote tabulation device before a hand count is conducted.

(B) (i) The requirement under subdivision (c)(2)(A) of this section shall apply in all general elections and preferential primary elections. (ii) The requirement under subdivision (c)(2)(A) of this section is optional if an election: (a) Is an election other than the general election or the preferential primary election; and (b) Involves fewer than five thousand (5,000) registered voters.

(i) The requirement under subdivision (c)(2)(A) of this section shall apply in all general elections and preferential primary elections.

(ii) The requirement under subdivision (c)(2)(A) of this section is optional if an election: (a) Is an election other than the general election or the preferential primary election; and (b) Involves fewer than five thousand (5,000) registered voters.

(a) Is an election other than the general election or the preferential primary election; and

(b) Involves fewer than five thousand (5,000) registered voters.

(d) (1) A voter who shall by accident or mistake mark or spoil any ballot so that he or she cannot conveniently or clearly vote on the ballot may return it to the poll workers and receive another ballot, not to exceed three (3) ballots in total. (2) (A) Spoiled ballots shall be cancelled by a poll worker by using a stamp marked "CANCELLED" on the face of the ballot. (B) The poll worker shall write the date and time, and print and sign his or her name next to the stamp marked "CANCELLED". (C) The election judge shall report the total number of spoiled ballots to the county board of election commissioners. (3) The cancelled ballots shall be securely preserved separately from other ballots with the total number of cancelled ballots and returned to the county board of election commissioners and shall be open to public inspection.

(1) A voter who shall by accident or mistake mark or spoil any ballot so that he or she cannot conveniently or clearly vote on the ballot may return it to the poll workers and receive another ballot, not to exceed three (3) ballots in total.

(2) (A) Spoiled ballots shall be cancelled by a poll worker by using a stamp marked "CANCELLED" on the face of the ballot. (B) The poll worker shall write the date and time, and print and sign his or her name next to the stamp marked "CANCELLED". (C) The election judge shall report the total number of spoiled ballots to the county board of election commissioners.

(A) Spoiled ballots shall be cancelled by a poll worker by using a stamp marked "CANCELLED" on the face of the ballot.

(B) The poll worker shall write the date and time, and print and sign his or her name next to the stamp marked "CANCELLED".

(C) The election judge shall report the total number of spoiled ballots to the county board of election commissioners.

(3) The cancelled ballots shall be securely preserved separately from other ballots with the total number of cancelled ballots and returned to the county board of election commissioners and shall be open to public inspection.

Amended by Act 2023, No. 329,§ 4, eff. 8/1/2023.

Amended by Act 2023, No. 743,§ 2, eff. 4/12/2023.

Amended by Act 2023, No. 350,§ 2, eff. 3/21/2023.

Amended by Act 2021, No. 736,§ 15, eff. 7/28/2021.

Acts 2009, No. 1480, § 36.
Ark. Code Ann. § 7-5-904 — AR Code / Title 7 / Chapter 5 / Subchapter 9 / Section 7-5-904
Election commissioners
Status: in_force

(a) A member of the State Board of Election Commissioners or a county board of election commissioners shall not serve as a poll worker or a poll watcher on behalf of an individual candidate, political party, or ballot initiative. (b) A person shall not simultaneously serve on the State Board of Election Commissioners and a county board of election commissioners. Added by Act 2017, No. 1014,§ 1, eff. 8/1/2017.

(a) A member of the State Board of Election Commissioners or a county board of election commissioners shall not serve as a poll worker or a poll watcher on behalf of an individual candidate, political party, or ballot initiative.

(b) A person shall not simultaneously serve on the State Board of Election Commissioners and a county board of election commissioners.

Added by Act 2017, No. 1014,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 7-6-220 — AR Code / Title 7 / Chapter 6 / Subchapter 2 / Section 7-6-220
Reporting of independent expenditures
Status: in_force

(a) A person who or an independent expenditure committee which makes independent expenditures in an aggregate amount or value in excess of two hundred dollars ($200) in a calendar year shall file reports with the Secretary of State: (1) (A) No later than fifteen (15) days following the month in which the two-hundred-dollar threshold required under this section is met, the first financial report shall be filed. (B) Each subsequent report shall be filed no later than fifteen (15) days after the end of each month until the election is held, except as required in subdivision (a)(1)(C) of this section. (C) For any month in which certain days of that month are included in a preelection financial report required under subdivision (a)(2) of this section, no monthly report for that month shall be due, but those days of that month shall be carried forward and included in the final financial report; (2) No later than seven (7) days prior to preferential primary elections, runoff elections, general elections, and special elections covering the period ending ten (10) days prior to such elections; and (3) As for a final report, no later than thirty (30) days after the end of the month in which the last election is held at which the candidate seeks nomination or election. (b) Such reports shall include: (1) In the case of an individual making such an expenditure, the name, address, telephone number, principal place of business, employer, and occupation of the individual; (2) In the case of a committee, the name, address, employer, and occupation of its officers; (3) In the case of a person who is not an individual, the principal name of the entity, the address, and the name, address, employer, and occupation of its officers; and (4) The same information required of candidates for office other than school district, township, municipal, or county office as set forth in § 7-6-207(b)(1) . (c) The information required in § 7-6-207(b)(1) may be provided in the form of a schedule or schedules attached to the report. (d) The report shall be verified by an affidavit of an officer of the committee stating that to the best of his or her knowledge and belief the information disclosed is a complete, true, and accurate financial statement of the committee's contributions received and made. (e) (1) A report is timely filed if it is filed in electronic form through the official website of the Secretary of State on or before the date that the report is due. (2) (A) The Secretary of State shall receive reports in a readable electronic format that is acceptable to the Secretary of State and approved by the Arkansas Ethics Commission. (B) The commission shall approve the format used by the Secretary of State for the filing of independent expenditure reports in electronic form to ensure that all required information is requested. (C) The official website of the Secretary of State shall allow for searches of independent expenditure report information filed in electronic form. (3) A person or independent expenditure committee under this section may file reports in paper form under this section if: (A) The person or independent expenditure committee does not have access to the technology necessary to submit reports in electronic form; (B) Submitting reports in electronic form would constitute a substantial hardship for the person or independent expenditure committee; and (C) The person or independent expenditure committee submits a notarized affidavit that complies with § 7-6-231 . Amended by Act 2023, No. 753,§ 10, eff. 8/1/2023. Amended by Act 2023, No. 307,§ 6, eff. 8/1/2023. Amended by Act 2019, No. 1039,§ 4, eff. 7/24/2019. Amended by Act 2017, No. 616,§ 4, eff. 1/1/2018. Init. Meas. 1996, No. 1, § 8; Acts 2001, No. 1839, § 14; 2005, No. 1284, § 6; 2011, No. 721, § 11.

(a) A person who or an independent expenditure committee which makes independent expenditures in an aggregate amount or value in excess of two hundred dollars ($200) in a calendar year shall file reports with the Secretary of State: (1) (A) No later than fifteen (15) days following the month in which the two-hundred-dollar threshold required under this section is met, the first financial report shall be filed. (B) Each subsequent report shall be filed no later than fifteen (15) days after the end of each month until the election is held, except as required in subdivision (a)(1)(C) of this section. (C) For any month in which certain days of that month are included in a preelection financial report required under subdivision (a)(2) of this section, no monthly report for that month shall be due, but those days of that month shall be carried forward and included in the final financial report; (2) No later than seven (7) days prior to preferential primary elections, runoff elections, general elections, and special elections covering the period ending ten (10) days prior to such elections; and (3) As for a final report, no later than thirty (30) days after the end of the month in which the last election is held at which the candidate seeks nomination or election.

(1) (A) No later than fifteen (15) days following the month in which the two-hundred-dollar threshold required under this section is met, the first financial report shall be filed. (B) Each subsequent report shall be filed no later than fifteen (15) days after the end of each month until the election is held, except as required in subdivision (a)(1)(C) of this section. (C) For any month in which certain days of that month are included in a preelection financial report required under subdivision (a)(2) of this section, no monthly report for that month shall be due, but those days of that month shall be carried forward and included in the final financial report;

(A) No later than fifteen (15) days following the month in which the two-hundred-dollar threshold required under this section is met, the first financial report shall be filed.

(B) Each subsequent report shall be filed no later than fifteen (15) days after the end of each month until the election is held, except as required in subdivision (a)(1)(C) of this section.

(C) For any month in which certain days of that month are included in a preelection financial report required under subdivision (a)(2) of this section, no monthly report for that month shall be due, but those days of that month shall be carried forward and included in the final financial report;

(2) No later than seven (7) days prior to preferential primary elections, runoff elections, general elections, and special elections covering the period ending ten (10) days prior to such elections; and

(3) As for a final report, no later than thirty (30) days after the end of the month in which the last election is held at which the candidate seeks nomination or election.

(b) Such reports shall include: (1) In the case of an individual making such an expenditure, the name, address, telephone number, principal place of business, employer, and occupation of the individual; (2) In the case of a committee, the name, address, employer, and occupation of its officers; (3) In the case of a person who is not an individual, the principal name of the entity, the address, and the name, address, employer, and occupation of its officers; and (4) The same information required of candidates for office other than school district, township, municipal, or county office as set forth in § 7-6-207(b)(1) .

(1) In the case of an individual making such an expenditure, the name, address, telephone number, principal place of business, employer, and occupation of the individual;

(2) In the case of a committee, the name, address, employer, and occupation of its officers;

(3) In the case of a person who is not an individual, the principal name of the entity, the address, and the name, address, employer, and occupation of its officers; and

(4) The same information required of candidates for office other than school district, township, municipal, or county office as set forth in § 7-6-207(b)(1) .

(c) The information required in § 7-6-207(b)(1) may be provided in the form of a schedule or schedules attached to the report.

(d) The report shall be verified by an affidavit of an officer of the committee stating that to the best of his or her knowledge and belief the information disclosed is a complete, true, and accurate financial statement of the committee's contributions received and made.

(e) (1) A report is timely filed if it is filed in electronic form through the official website of the Secretary of State on or before the date that the report is due. (2) (A) The Secretary of State shall receive reports in a readable electronic format that is acceptable to the Secretary of State and approved by the Arkansas Ethics Commission. (B) The commission shall approve the format used by the Secretary of State for the filing of independent expenditure reports in electronic form to ensure that all required information is requested. (C) The official website of the Secretary of State shall allow for searches of independent expenditure report information filed in electronic form. (3) A person or independent expenditure committee under this section may file reports in paper form under this section if: (A) The person or independent expenditure committee does not have access to the technology necessary to submit reports in electronic form; (B) Submitting reports in electronic form would constitute a substantial hardship for the person or independent expenditure committee; and (C) The person or independent expenditure committee submits a notarized affidavit that complies with § 7-6-231 .

(1) A report is timely filed if it is filed in electronic form through the official website of the Secretary of State on or before the date that the report is due.

(2) (A) The Secretary of State shall receive reports in a readable electronic format that is acceptable to the Secretary of State and approved by the Arkansas Ethics Commission. (B) The commission shall approve the format used by the Secretary of State for the filing of independent expenditure reports in electronic form to ensure that all required information is requested. (C) The official website of the Secretary of State shall allow for searches of independent expenditure report information filed in electronic form.

(A) The Secretary of State shall receive reports in a readable electronic format that is acceptable to the Secretary of State and approved by the Arkansas Ethics Commission.

(B) The commission shall approve the format used by the Secretary of State for the filing of independent expenditure reports in electronic form to ensure that all required information is requested.

(C) The official website of the Secretary of State shall allow for searches of independent expenditure report information filed in electronic form.

(3) A person or independent expenditure committee under this section may file reports in paper form under this section if: (A) The person or independent expenditure committee does not have access to the technology necessary to submit reports in electronic form; (B) Submitting reports in electronic form would constitute a substantial hardship for the person or independent expenditure committee; and (C) The person or independent expenditure committee submits a notarized affidavit that complies with § 7-6-231 .

(A) The person or independent expenditure committee does not have access to the technology necessary to submit reports in electronic form;

(B) Submitting reports in electronic form would constitute a substantial hardship for the person or independent expenditure committee; and

(C) The person or independent expenditure committee submits a notarized affidavit that complies with § 7-6-231 .

Amended by Act 2023, No. 753,§ 10, eff. 8/1/2023.

Amended by Act 2023, No. 307,§ 6, eff. 8/1/2023.

Amended by Act 2019, No. 1039,§ 4, eff. 7/24/2019.

Amended by Act 2017, No. 616,§ 4, eff. 1/1/2018.

Init. Meas. 1996, No. 1, § 8; Acts 2001, No. 1839, § 14; 2005, No. 1284, § 6; 2011, No. 721, § 11.
Ark. Code Ann. § 7-6-230 — AR Code / Title 7 / Chapter 6 / Subchapter 2 / Section 7-6-230
Alternative to electronic filing of reports
Status: in_force

(a) (1) A candidate required to file campaign contribution and expenditure reports in electronic form under § 7-6-207 may file reports in paper form under this section. (2) (A) A candidate filing reports in paper form under subdivision (a)(1) of this section shall submit with his or her first paper report in an election cycle a notarized affidavit on a form prepared by the Secretary of State. (B) The Secretary of State shall: (i) Not accept a report in paper form under subdivision (a)(1) of this section if a notarized affidavit was not submitted with the first paper report in the election cycle; (ii) Provide written notice to the candidate within five (5) business days if the report in paper form was not filed or accepted; and (iii) Provide the reason the report in paper form was not filed or accepted. (C) The Secretary of State shall develop electronic reporting forms, including without limitation: (i) A cover sheet for a reporting period; (ii) Campaign contribution reports; and (iii) Campaign expenditure reports. (D) The Secretary of State shall develop electronic reporting forms in a manner that allows a candidate to: (i) Fill out an electronic form for each reporting period in an electronic word processing file, portable document format, or equivalent format that may be saved in a read-only format; (ii) Upload the electronic reporting forms electronically by an upload to the internet or delivered by electronic media to the Secretary of State; and (iii) Combine all electronic forms into a single document that is available to the public in an electronically searchable format. (b) (1) The Secretary of State shall make available to candidates wishing to file reports in paper form under this section: (A) Information on the deadlines for filing required reports; and (B) (i) Appropriate forms and instructions for complying with the deadlines. (ii) The Arkansas Ethics Commission shall approve the forms and instructions used by the Secretary of State to ensure that all required information is requested. (2) Reports shall be filed on the forms furnished by the Secretary of State, except that computer-generated contribution and expenditure reports shall be accepted by the Secretary of State and the commission provided that all of the requisite elements are included. (c) (1) (A) A report submitted in paper form under this section other than a preelection report is timely filed if it is either hand delivered or mailed to the Secretary of State, properly addressed, and postage prepaid, bearing a postmark indicating that it was received by the post office or common carrier on the date that the report is due. (B) A preelection report submitted in paper form under this section is timely filed if it is received by the Secretary of State no later than seven (7) days before the election for which it is filed. (2) The Secretary of State shall accept a report via facsimile, provided the original is received by the Secretary of State within ten (10) days of the date of facsimile transmission. (d) (1) The Secretary of State shall make available campaign contribution and expenditure reports submitted in paper form, carryover fund reports submitted in paper form, and affidavits accompanying reports filed in paper form, on a portion of the official website of the Secretary of State. (2) The Secretary of State shall comply with the requirements of § 7-6-214(c) regarding the "paper filer" designation and publication requirements for all reports submitted in paper form. Amended by Act 2021, No. 1029,§ 1, eff. 4/29/2021. Amended by Act 2019, No. 1039,§ 5, eff. 7/24/2019. Amended by Act 2019, No. 1039,§ 4A, eff. 7/24/2019. Added by Act 2017, No. 318,§ 5, eff. 10/1/2017.

(a) (1) A candidate required to file campaign contribution and expenditure reports in electronic form under § 7-6-207 may file reports in paper form under this section. (2) (A) A candidate filing reports in paper form under subdivision (a)(1) of this section shall submit with his or her first paper report in an election cycle a notarized affidavit on a form prepared by the Secretary of State. (B) The Secretary of State shall: (i) Not accept a report in paper form under subdivision (a)(1) of this section if a notarized affidavit was not submitted with the first paper report in the election cycle; (ii) Provide written notice to the candidate within five (5) business days if the report in paper form was not filed or accepted; and (iii) Provide the reason the report in paper form was not filed or accepted. (C) The Secretary of State shall develop electronic reporting forms, including without limitation: (i) A cover sheet for a reporting period; (ii) Campaign contribution reports; and (iii) Campaign expenditure reports. (D) The Secretary of State shall develop electronic reporting forms in a manner that allows a candidate to: (i) Fill out an electronic form for each reporting period in an electronic word processing file, portable document format, or equivalent format that may be saved in a read-only format; (ii) Upload the electronic reporting forms electronically by an upload to the internet or delivered by electronic media to the Secretary of State; and (iii) Combine all electronic forms into a single document that is available to the public in an electronically searchable format.

(1) A candidate required to file campaign contribution and expenditure reports in electronic form under § 7-6-207 may file reports in paper form under this section.

(2) (A) A candidate filing reports in paper form under subdivision (a)(1) of this section shall submit with his or her first paper report in an election cycle a notarized affidavit on a form prepared by the Secretary of State. (B) The Secretary of State shall: (i) Not accept a report in paper form under subdivision (a)(1) of this section if a notarized affidavit was not submitted with the first paper report in the election cycle; (ii) Provide written notice to the candidate within five (5) business days if the report in paper form was not filed or accepted; and (iii) Provide the reason the report in paper form was not filed or accepted. (C) The Secretary of State shall develop electronic reporting forms, including without limitation: (i) A cover sheet for a reporting period; (ii) Campaign contribution reports; and (iii) Campaign expenditure reports. (D) The Secretary of State shall develop electronic reporting forms in a manner that allows a candidate to: (i) Fill out an electronic form for each reporting period in an electronic word processing file, portable document format, or equivalent format that may be saved in a read-only format; (ii) Upload the electronic reporting forms electronically by an upload to the internet or delivered by electronic media to the Secretary of State; and (iii) Combine all electronic forms into a single document that is available to the public in an electronically searchable format.

(A) A candidate filing reports in paper form under subdivision (a)(1) of this section shall submit with his or her first paper report in an election cycle a notarized affidavit on a form prepared by the Secretary of State.

(B) The Secretary of State shall: (i) Not accept a report in paper form under subdivision (a)(1) of this section if a notarized affidavit was not submitted with the first paper report in the election cycle; (ii) Provide written notice to the candidate within five (5) business days if the report in paper form was not filed or accepted; and (iii) Provide the reason the report in paper form was not filed or accepted.

(i) Not accept a report in paper form under subdivision (a)(1) of this section if a notarized affidavit was not submitted with the first paper report in the election cycle;

(ii) Provide written notice to the candidate within five (5) business days if the report in paper form was not filed or accepted; and

(iii) Provide the reason the report in paper form was not filed or accepted.

(C) The Secretary of State shall develop electronic reporting forms, including without limitation: (i) A cover sheet for a reporting period; (ii) Campaign contribution reports; and (iii) Campaign expenditure reports.

(i) A cover sheet for a reporting period;

(ii) Campaign contribution reports; and

(iii) Campaign expenditure reports.

(D) The Secretary of State shall develop electronic reporting forms in a manner that allows a candidate to: (i) Fill out an electronic form for each reporting period in an electronic word processing file, portable document format, or equivalent format that may be saved in a read-only format; (ii) Upload the electronic reporting forms electronically by an upload to the internet or delivered by electronic media to the Secretary of State; and (iii) Combine all electronic forms into a single document that is available to the public in an electronically searchable format.

(i) Fill out an electronic form for each reporting period in an electronic word processing file, portable document format, or equivalent format that may be saved in a read-only format;

(ii) Upload the electronic reporting forms electronically by an upload to the internet or delivered by electronic media to the Secretary of State; and

(iii) Combine all electronic forms into a single document that is available to the public in an electronically searchable format.

(b) (1) The Secretary of State shall make available to candidates wishing to file reports in paper form under this section: (A) Information on the deadlines for filing required reports; and (B) (i) Appropriate forms and instructions for complying with the deadlines. (ii) The Arkansas Ethics Commission shall approve the forms and instructions used by the Secretary of State to ensure that all required information is requested. (2) Reports shall be filed on the forms furnished by the Secretary of State, except that computer-generated contribution and expenditure reports shall be accepted by the Secretary of State and the commission provided that all of the requisite elements are included.

(1) The Secretary of State shall make available to candidates wishing to file reports in paper form under this section: (A) Information on the deadlines for filing required reports; and (B) (i) Appropriate forms and instructions for complying with the deadlines. (ii) The Arkansas Ethics Commission shall approve the forms and instructions used by the Secretary of State to ensure that all required information is requested.

(A) Information on the deadlines for filing required reports; and

(B) (i) Appropriate forms and instructions for complying with the deadlines. (ii) The Arkansas Ethics Commission shall approve the forms and instructions used by the Secretary of State to ensure that all required information is requested.

(i) Appropriate forms and instructions for complying with the deadlines.

(ii) The Arkansas Ethics Commission shall approve the forms and instructions used by the Secretary of State to ensure that all required information is requested.

(2) Reports shall be filed on the forms furnished by the Secretary of State, except that computer-generated contribution and expenditure reports shall be accepted by the Secretary of State and the commission provided that all of the requisite elements are included.

(c) (1) (A) A report submitted in paper form under this section other than a preelection report is timely filed if it is either hand delivered or mailed to the Secretary of State, properly addressed, and postage prepaid, bearing a postmark indicating that it was received by the post office or common carrier on the date that the report is due. (B) A preelection report submitted in paper form under this section is timely filed if it is received by the Secretary of State no later than seven (7) days before the election for which it is filed. (2) The Secretary of State shall accept a report via facsimile, provided the original is received by the Secretary of State within ten (10) days of the date of facsimile transmission.

(1) (A) A report submitted in paper form under this section other than a preelection report is timely filed if it is either hand delivered or mailed to the Secretary of State, properly addressed, and postage prepaid, bearing a postmark indicating that it was received by the post office or common carrier on the date that the report is due. (B) A preelection report submitted in paper form under this section is timely filed if it is received by the Secretary of State no later than seven (7) days before the election for which it is filed.

(A) A report submitted in paper form under this section other than a preelection report is timely filed if it is either hand delivered or mailed to the Secretary of State, properly addressed, and postage prepaid, bearing a postmark indicating that it was received by the post office or common carrier on the date that the report is due.

(B) A preelection report submitted in paper form under this section is timely filed if it is received by the Secretary of State no later than seven (7) days before the election for which it is filed.

(2) The Secretary of State shall accept a report via facsimile, provided the original is received by the Secretary of State within ten (10) days of the date of facsimile transmission.

(d) (1) The Secretary of State shall make available campaign contribution and expenditure reports submitted in paper form, carryover fund reports submitted in paper form, and affidavits accompanying reports filed in paper form, on a portion of the official website of the Secretary of State. (2) The Secretary of State shall comply with the requirements of § 7-6-214(c) regarding the "paper filer" designation and publication requirements for all reports submitted in paper form.

(1) The Secretary of State shall make available campaign contribution and expenditure reports submitted in paper form, carryover fund reports submitted in paper form, and affidavits accompanying reports filed in paper form, on a portion of the official website of the Secretary of State.

(2) The Secretary of State shall comply with the requirements of § 7-6-214(c) regarding the "paper filer" designation and publication requirements for all reports submitted in paper form.

Amended by Act 2021, No. 1029,§ 1, eff. 4/29/2021.

Amended by Act 2019, No. 1039,§ 5, eff. 7/24/2019.

Amended by Act 2019, No. 1039,§ 4A, eff. 7/24/2019.

Added by Act 2017, No. 318,§ 5, eff. 10/1/2017.