Ark. Code Ann. § 7-4-120 — AR Code / Title 7 / Chapter 4 / Subchapter 1 / Section 7-4-120
Complaints of election law violations - Definitions
Status: in_force

(a) (1) Except as provided in subdivision (a)(2) of this section, the State Board of Election Commissioners may investigate alleged violations, render findings, institute corrective actions, and impose sanctions according to this subchapter for violations of election and voter registration laws. (2) The State Board of Election Commissioners shall not investigate alleged violations, render findings, or impose sanctions concerning violations of: (A) The provisions of § 7-1-103(a)(1) -(4), (6), and (7); or (B) Campaign finance and disclosure laws for which the Arkansas Ethics Commission has the duty and authority to investigate and sanction under §§ 7-6-217 and 7-6-218 . (b) (1) (A) A complaint shall be filed with the State Board of Election Commissioners in writing no earlier than the date established by law for the delivery or mailing of absentee ballots to a voter and no later than thirty (30) days following the deadline to certify an election by a county board of election commissioners of the following: (i) An alleged violation of the laws regarding elections including without limitation: (a) Voter registration; (b) Requests for absentee ballots; (c) Delivery of absentee ballots; (d) Casting of ballots; (e) Ballot tabulation; (f) Certification of election results; (g) Administration of an election; (h) Election processes; or (i) Conduct of an election; or (ii) The election or elections affected or associated with the complaint. (B) A complaint may be referred to the State Board of Election Commissioners by the Joint Performance Review Committee and is not subject to the thirty (30) day filing requirement under this subdivision (b)(1). (C) The State Board of Election Commissioners may file a complaint within three (3) years following the alleged violation of an election law or voter registration law if the alleged violation: (i) Relates to a felony criminal provision of election law; (ii) Relates to a felony criminal provision of voter registration law; or (iii) Affects the accuracy of a certified election result. (2) (A) A complaint shall be signed by the complainant under penalty of perjury. (B) If a complaint is referred to the State Board of Election Commissioners by the Joint Performance Review Committee under subdivision (b)(1)(C) of this section, the Chair of the Joint Performance Review Committee shall be the complainant. (3) (A) A complaint shall clearly: (i) Describe the alleged violation, including without limitation the supporting facts for the violation or incident; (ii) State when or the approximate date that the alleged violation or incident occurred; and (iii) State the location or locations of the alleged violation or incident. (B) (i) The complaint may specify, suggest, or recommend a desired resolution to the complaint. (ii) If the complaint is timely filed but does not specify the desired resolution of the complainant: (a) The State Board of Election Commissioners may: (1) Notify the complainant that a desired resolution is not specified; (2) Inform the complainant that other formal or informal resolutions may be appropriate; and (3) Inform the complainant that the State Board of Election Commissioners may initiate a lawful resolution, correction, or remedy as the State Board of Election Commissioners deems appropriate; and (b) The complainant may file the additional information within ten (10) days from mailing of the notice. (4) (A) If a complaint alleges a violation of election law or voter registration law but does not otherwise meet the requirements of this section, the complainant shall be notified that the complaint may be corrected by amendment in writing within ten (10) days and that a failure to make the necessary corrections shall result in the complaint's being dismissed. (B) If a complaint is dismissed because it does not meet the requirements of this section, the State Board of Election Commissioners shall notify the complainant of the fact of dismissal. (5) A person shall not file a frivolous complaint. (6) If the complaint is referred to the State Board of Election Commissioners by the Joint Performance Review Committee, the complaint shall include: (A) A report of the findings of the Joint Performance Review Committee, including any hearing testimony the Joint Performance Review Committee believes relevant; and (B) The recommendations of the Joint Performance Review Committee that may be submitted to the State Board of Election Commissioners, including without limitation a recommendation: (i) For a letter of reprimand to an election official; (ii) For decertification as an election official in the next election cycle, including all associated primary and runoff elections; (iii) That the State Board of Election Commissioners take over and conduct elections in the county in question if the violation or violations are considered severe by the Joint Performance Review Committee and would threaten a county's ability to conduct an equal, free, and impartial election, or the appearance of an equal, free, and impartial election; or (iv) That state turnback funds be withheld from a county when the State Board of Election Commissioners conducts an election on behalf of a county and the county refuses to reimburse the State Board of Election Commissioners for expenses incurred. (7) (A) If a complaint is filed as required by this section, the State Board of Election Commissioners shall investigate the alleged violation and notify the Election Integrity Unit to enter the complaint into the Arkansas Election Integrity Database. (B) If at the conclusion of the investigation, the State Board of Election Commissioners finds that there is probable cause to believe there has been a criminal violation of the voter registration laws or election laws, the State Board of Election Commissioners may forward the complaint to the prosecuting attorney for criminal prosecution. (C) Immediately upon beginning an investigation under this section, the State Board of Election Commissioners shall notify the person or persons under investigation of the fact of the investigation and the nature of the investigation. (D) If at the conclusion of the investigation, the State Board of Election Commissioners finds that there is probable cause to believe there has been a violation of the voter registration laws or election laws, and the complaint has not been referred to the prosecuting attorney, the State Board of Election Commissioners may set a public hearing. (c) (1) The State Board of Election Commissioners shall maintain a record of all inquiries, investigations, and proceedings. (2) Except as provided in subdivisions (c)(3) and (4) of this section, records under this section are exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., until: (A) A hearing by the State Board of Election Commissioners is set; or (B) The investigation by the State Board of Election Commissioners is closed by the State Board of Election Commissioners. (3) The State Board of Election Commissioners shall disclose, through its members or staff, otherwise confidential information to proper law enforcement officers, agencies, and other entities as is necessary to conduct the investigation under this section. (4) The records of the investigation upon which the State Board of Election Commissioners has based its findings shall be opened to public inspection thirty (30) days after the final adjudication in which the State Board of Election Commissioners makes a final decision. (d) (1) If the State Board of Election Commissioners determines that the complaint can be addressed through documentary submissions and without a formal investigation, the State Board of Election Commissioners may address the complaint with documentary submissions. (2) If the State Board of Election Commissioners determines that an investigation is necessary, the State Board of Election Commissioners shall provide to the person who is the subject of the complaint: (A) A copy of the complaint if a copy has not previously been provided; and (B) Instructions for filing a response. (3) The State Board of Election Commissioners may: (A) Administer oaths for the purpose of taking sworn statements from witnesses in the course of its investigations; (B) Request the person who is the subject of the complaint to answer allegations in writing, produce relevant evidence, or appear in person before the State Board of Election Commissioners; and (C) (i) Subpoena any person or the books, records, or other documents relevant to the investigation or inquiry. (ii) The subpoena may direct any law enforcement officer of the county concerned or the Director of the Division of Arkansas State Police to seize any public record that is withheld. (4) The State Board of Election Commissioners shall: (A) Provide the person subpoenaed with reasonable notice of the subpoena and an opportunity to respond; and (B) Advise the complainant and the person who is the subject of the complaint in writing of the final action of the State Board of Election Commissioners. (e) If the State Board of Election Commissioners finds a violation of the voter registration laws or election laws under its jurisdiction, the State Board of Election Commissioners may: (1) Issue a public letter of caution, warning, reprimand, or a conditional warning of consequences that shall be imposed if corrective action is not completed; (2) Impose a fine of no less than twenty-five dollars ($25.00) and no more than one thousand dollars ($1,000) for a negligent, knowing, or intentional violation; (3) Report the information obtained in the investigation and the findings and determinations of the State Board of Election Commissioners to the appropriate law enforcement authorities; (4) Make expenditures and order payment of the costs of the investigation and hearing; (5) Decertify an election official from appointment as an election official; (6) Issue an order that the State Board of Election Commissioners shall take over and conduct elections in the county in question if the violation is considered severe by the State Board of Election Commissioners and would threaten either a county's ability to conduct an equal, free, and impartial election, or the appearance of an equal, free, and impartial election; or (7) Combine any two (2) or more of the actions or sanctions authorized under this section. (f) The State Board of Election Commissioners shall advise the complainant and the person who is the subject of the complaint of the: (1) Finding of the State Board of Election Commissioners; (2) Final action taken and sanctions issued by the State Board of Election Commissioners against a person associated with the complaint and a response thereto; and (3) Reasons for the findings, final actions, and sanctions. (g) The State Board of Election Commissioners shall maintain a record of all inquiries, investigations, and proceedings. (h) (1) The State Board of Election Commissioners shall adopt rules concerning the imposition of fines under this section. (2) If a person fails to pay the fines ordered by the State Board of Election Commissioners under this section, the State Board of Election Commissioners may obtain a judgment from a court for the amount of the fine imposed by filing suit in the: (A) Pulaski County Circuit Court; (B) Circuit court of the county in which the person resides; or (C) Small claims division of a district court. (3) The fee for filing of a suit in a circuit or district court in this state shall be waived for the State Board of Election Commissioners. (4) All moneys received by the State Board of Election Commissioners in payment of fines shall be deposited into the State Treasury as general revenues. (i) (1) The State Board of Election Commissioners shall conclude its investigation and take its final action under this section within one hundred eighty (180) days of the filing of a complaint. (2) The State Board of Election Commissioners shall announce its final action as a final administrative decision. (3) However, if the State Board of Election Commissioners fails to take its final action within one hundred eighty (180) days, the final administrative action shall be effective within one hundred eighty (180) days of the filing of the complaint. (4) If the State Board of Election Commissioners makes its offer of settlement and the offer is rejected under this section, the State Board of Election Commissioners may conduct a hearing and shall take final action under this section within two hundred forty (240) days. (j) A final action of the State Board of Election Commissioners under this section is an adjudication for purposes of judicial review under § 25-15-212 . (k) As used in this section: (1) "Election laws" means the United States Constitution, the Arkansas Constitution, and the statutes, final court decisions of general applicability, and rules of the United States and the State of Arkansas concerning elections conducted by county boards of election commissioners and the rules promulgated by the State Board of Election Commissioners under § 7-4-101 concerning elections conducted by county boards of election commissioners; (2) "Frivolous" means clearly lacking any basis in fact or law; and (3) "Voter registration laws" means those laws under the United States Constitution, the Arkansas Constitution, and the statutes, final court decisions, and rules promulgated by the United States and the State of Arkansas concerning voter registration laws. Amended by Act 2023, No. 620,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 544,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 295,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 295,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 295,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 974,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 974,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 756,§ 2, eff. 7/28/2021. Amended by Act 2017, No. 247,§ 1, eff. 8/1/2017. Added by Act 2015, No. 1253,§ 3, eff. 7/22/2015.

(a) (1) Except as provided in subdivision (a)(2) of this section, the State Board of Election Commissioners may investigate alleged violations, render findings, institute corrective actions, and impose sanctions according to this subchapter for violations of election and voter registration laws. (2) The State Board of Election Commissioners shall not investigate alleged violations, render findings, or impose sanctions concerning violations of: (A) The provisions of § 7-1-103(a)(1) -(4), (6), and (7); or (B) Campaign finance and disclosure laws for which the Arkansas Ethics Commission has the duty and authority to investigate and sanction under §§ 7-6-217 and 7-6-218 .

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

(2) The State Board of Election Commissioners shall not investigate alleged violations, render findings, or impose sanctions concerning violations of: (A) The provisions of § 7-1-103(a)(1) -(4), (6), and (7); or (B) Campaign finance and disclosure laws for which the Arkansas Ethics Commission has the duty and authority to investigate and sanction under §§ 7-6-217 and 7-6-218 .

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

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

(b) (1) (A) A complaint shall be filed with the State Board of Election Commissioners in writing no earlier than the date established by law for the delivery or mailing of absentee ballots to a voter and no later than thirty (30) days following the deadline to certify an election by a county board of election commissioners of the following: (i) An alleged violation of the laws regarding elections including without limitation: (a) Voter registration; (b) Requests for absentee ballots; (c) Delivery of absentee ballots; (d) Casting of ballots; (e) Ballot tabulation; (f) Certification of election results; (g) Administration of an election; (h) Election processes; or (i) Conduct of an election; or (ii) The election or elections affected or associated with the complaint. (B) A complaint may be referred to the State Board of Election Commissioners by the Joint Performance Review Committee and is not subject to the thirty (30) day filing requirement under this subdivision (b)(1). (C) The State Board of Election Commissioners may file a complaint within three (3) years following the alleged violation of an election law or voter registration law if the alleged violation: (i) Relates to a felony criminal provision of election law; (ii) Relates to a felony criminal provision of voter registration law; or (iii) Affects the accuracy of a certified election result. (2) (A) A complaint shall be signed by the complainant under penalty of perjury. (B) If a complaint is referred to the State Board of Election Commissioners by the Joint Performance Review Committee under subdivision (b)(1)(C) of this section, the Chair of the Joint Performance Review Committee shall be the complainant. (3) (A) A complaint shall clearly: (i) Describe the alleged violation, including without limitation the supporting facts for the violation or incident; (ii) State when or the approximate date that the alleged violation or incident occurred; and (iii) State the location or locations of the alleged violation or incident. (B) (i) The complaint may specify, suggest, or recommend a desired resolution to the complaint. (ii) If the complaint is timely filed but does not specify the desired resolution of the complainant: (a) The State Board of Election Commissioners may: (1) Notify the complainant that a desired resolution is not specified; (2) Inform the complainant that other formal or informal resolutions may be appropriate; and (3) Inform the complainant that the State Board of Election Commissioners may initiate a lawful resolution, correction, or remedy as the State Board of Election Commissioners deems appropriate; and (b) The complainant may file the additional information within ten (10) days from mailing of the notice. (4) (A) If a complaint alleges a violation of election law or voter registration law but does not otherwise meet the requirements of this section, the complainant shall be notified that the complaint may be corrected by amendment in writing within ten (10) days and that a failure to make the necessary corrections shall result in the complaint's being dismissed. (B) If a complaint is dismissed because it does not meet the requirements of this section, the State Board of Election Commissioners shall notify the complainant of the fact of dismissal. (5) A person shall not file a frivolous complaint. (6) If the complaint is referred to the State Board of Election Commissioners by the Joint Performance Review Committee, the complaint shall include: (A) A report of the findings of the Joint Performance Review Committee, including any hearing testimony the Joint Performance Review Committee believes relevant; and (B) The recommendations of the Joint Performance Review Committee that may be submitted to the State Board of Election Commissioners, including without limitation a recommendation: (i) For a letter of reprimand to an election official; (ii) For decertification as an election official in the next election cycle, including all associated primary and runoff elections; (iii) That the State Board of Election Commissioners take over and conduct elections in the county in question if the violation or violations are considered severe by the Joint Performance Review Committee and would threaten a county's ability to conduct an equal, free, and impartial election, or the appearance of an equal, free, and impartial election; or (iv) That state turnback funds be withheld from a county when the State Board of Election Commissioners conducts an election on behalf of a county and the county refuses to reimburse the State Board of Election Commissioners for expenses incurred. (7) (A) If a complaint is filed as required by this section, the State Board of Election Commissioners shall investigate the alleged violation and notify the Election Integrity Unit to enter the complaint into the Arkansas Election Integrity Database. (B) If at the conclusion of the investigation, the State Board of Election Commissioners finds that there is probable cause to believe there has been a criminal violation of the voter registration laws or election laws, the State Board of Election Commissioners may forward the complaint to the prosecuting attorney for criminal prosecution. (C) Immediately upon beginning an investigation under this section, the State Board of Election Commissioners shall notify the person or persons under investigation of the fact of the investigation and the nature of the investigation. (D) If at the conclusion of the investigation, the State Board of Election Commissioners finds that there is probable cause to believe there has been a violation of the voter registration laws or election laws, and the complaint has not been referred to the prosecuting attorney, the State Board of Election Commissioners may set a public hearing.

(1) (A) A complaint shall be filed with the State Board of Election Commissioners in writing no earlier than the date established by law for the delivery or mailing of absentee ballots to a voter and no later than thirty (30) days following the deadline to certify an election by a county board of election commissioners of the following: (i) An alleged violation of the laws regarding elections including without limitation: (a) Voter registration; (b) Requests for absentee ballots; (c) Delivery of absentee ballots; (d) Casting of ballots; (e) Ballot tabulation; (f) Certification of election results; (g) Administration of an election; (h) Election processes; or (i) Conduct of an election; or (ii) The election or elections affected or associated with the complaint. (B) A complaint may be referred to the State Board of Election Commissioners by the Joint Performance Review Committee and is not subject to the thirty (30) day filing requirement under this subdivision (b)(1). (C) The State Board of Election Commissioners may file a complaint within three (3) years following the alleged violation of an election law or voter registration law if the alleged violation: (i) Relates to a felony criminal provision of election law; (ii) Relates to a felony criminal provision of voter registration law; or (iii) Affects the accuracy of a certified election result.

(A) A complaint shall be filed with the State Board of Election Commissioners in writing no earlier than the date established by law for the delivery or mailing of absentee ballots to a voter and no later than thirty (30) days following the deadline to certify an election by a county board of election commissioners of the following: (i) An alleged violation of the laws regarding elections including without limitation: (a) Voter registration; (b) Requests for absentee ballots; (c) Delivery of absentee ballots; (d) Casting of ballots; (e) Ballot tabulation; (f) Certification of election results; (g) Administration of an election; (h) Election processes; or (i) Conduct of an election; or (ii) The election or elections affected or associated with the complaint.

(i) An alleged violation of the laws regarding elections including without limitation: (a) Voter registration; (b) Requests for absentee ballots; (c) Delivery of absentee ballots; (d) Casting of ballots; (e) Ballot tabulation; (f) Certification of election results; (g) Administration of an election; (h) Election processes; or (i) Conduct of an election; or

(a) Voter registration;

(b) Requests for absentee ballots;

(c) Delivery of absentee ballots;

(d) Casting of ballots;

(e) Ballot tabulation;

(f) Certification of election results;

(g) Administration of an election;

(h) Election processes; or

(i) Conduct of an election; or

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

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

(C) The State Board of Election Commissioners may file a complaint within three (3) years following the alleged violation of an election law or voter registration law if the alleged violation: (i) Relates to a felony criminal provision of election law; (ii) Relates to a felony criminal provision of voter registration law; or (iii) Affects the accuracy of a certified election result.

(i) Relates to a felony criminal provision of election law;

(ii) Relates to a felony criminal provision of voter registration law; or

(iii) Affects the accuracy of a certified election result.

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

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

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

(3) (A) A complaint shall clearly: (i) Describe the alleged violation, including without limitation the supporting facts for the violation or incident; (ii) State when or the approximate date that the alleged violation or incident occurred; and (iii) State the location or locations of the alleged violation or incident. (B) (i) The complaint may specify, suggest, or recommend a desired resolution to the complaint. (ii) If the complaint is timely filed but does not specify the desired resolution of the complainant: (a) The State Board of Election Commissioners may: (1) Notify the complainant that a desired resolution is not specified; (2) Inform the complainant that other formal or informal resolutions may be appropriate; and (3) Inform the complainant that the State Board of Election Commissioners may initiate a lawful resolution, correction, or remedy as the State Board of Election Commissioners deems appropriate; and (b) The complainant may file the additional information within ten (10) days from mailing of the notice.

(A) A complaint shall clearly: (i) Describe the alleged violation, including without limitation the supporting facts for the violation or incident; (ii) State when or the approximate date that the alleged violation or incident occurred; and (iii) State the location or locations of the alleged violation or incident.

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

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

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

(B) (i) The complaint may specify, suggest, or recommend a desired resolution to the complaint. (ii) If the complaint is timely filed but does not specify the desired resolution of the complainant: (a) The State Board of Election Commissioners may: (1) Notify the complainant that a desired resolution is not specified; (2) Inform the complainant that other formal or informal resolutions may be appropriate; and (3) Inform the complainant that the State Board of Election Commissioners may initiate a lawful resolution, correction, or remedy as the State Board of Election Commissioners deems appropriate; and (b) The complainant may file the additional information within ten (10) days from mailing of the notice.

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

(ii) If the complaint is timely filed but does not specify the desired resolution of the complainant: (a) The State Board of Election Commissioners may: (1) Notify the complainant that a desired resolution is not specified; (2) Inform the complainant that other formal or informal resolutions may be appropriate; and (3) Inform the complainant that the State Board of Election Commissioners may initiate a lawful resolution, correction, or remedy as the State Board of Election Commissioners deems appropriate; and (b) The complainant may file the additional information within ten (10) days from mailing of the notice.

(a) The State Board of Election Commissioners may: (1) Notify the complainant that a desired resolution is not specified; (2) Inform the complainant that other formal or informal resolutions may be appropriate; and (3) Inform the complainant that the State Board of Election Commissioners may initiate a lawful resolution, correction, or remedy as the State Board of Election Commissioners deems appropriate; and

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

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

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

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

(4) (A) If a complaint alleges a violation of election law or voter registration law but does not otherwise meet the requirements of this section, the complainant shall be notified that the complaint may be corrected by amendment in writing within ten (10) days and that a failure to make the necessary corrections shall result in the complaint's being dismissed. (B) If a complaint is dismissed because it does not meet the requirements of this section, the State Board of Election Commissioners shall notify the complainant of the fact of dismissal.

(A) If a complaint alleges a violation of election law or voter registration law but does not otherwise meet the requirements of this section, the complainant shall be notified that the complaint may be corrected by amendment in writing within ten (10) days and that a failure to make the necessary corrections shall result in the complaint's being dismissed.

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

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

(6) If the complaint is referred to the State Board of Election Commissioners by the Joint Performance Review Committee, the complaint shall include: (A) A report of the findings of the Joint Performance Review Committee, including any hearing testimony the Joint Performance Review Committee believes relevant; and (B) The recommendations of the Joint Performance Review Committee that may be submitted to the State Board of Election Commissioners, including without limitation a recommendation: (i) For a letter of reprimand to an election official; (ii) For decertification as an election official in the next election cycle, including all associated primary and runoff elections; (iii) That the State Board of Election Commissioners take over and conduct elections in the county in question if the violation or violations are considered severe by the Joint Performance Review Committee and would threaten a county's ability to conduct an equal, free, and impartial election, or the appearance of an equal, free, and impartial election; or (iv) That state turnback funds be withheld from a county when the State Board of Election Commissioners conducts an election on behalf of a county and the county refuses to reimburse the State Board of Election Commissioners for expenses incurred.

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

(B) The recommendations of the Joint Performance Review Committee that may be submitted to the State Board of Election Commissioners, including without limitation a recommendation: (i) For a letter of reprimand to an election official; (ii) For decertification as an election official in the next election cycle, including all associated primary and runoff elections; (iii) That the State Board of Election Commissioners take over and conduct elections in the county in question if the violation or violations are considered severe by the Joint Performance Review Committee and would threaten a county's ability to conduct an equal, free, and impartial election, or the appearance of an equal, free, and impartial election; or (iv) That state turnback funds be withheld from a county when the State Board of Election Commissioners conducts an election on behalf of a county and the county refuses to reimburse the State Board of Election Commissioners for expenses incurred.

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

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

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

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

(7) (A) If a complaint is filed as required by this section, the State Board of Election Commissioners shall investigate the alleged violation and notify the Election Integrity Unit to enter the complaint into the Arkansas Election Integrity Database. (B) If at the conclusion of the investigation, the State Board of Election Commissioners finds that there is probable cause to believe there has been a criminal violation of the voter registration laws or election laws, the State Board of Election Commissioners may forward the complaint to the prosecuting attorney for criminal prosecution. (C) Immediately upon beginning an investigation under this section, the State Board of Election Commissioners shall notify the person or persons under investigation of the fact of the investigation and the nature of the investigation. (D) If at the conclusion of the investigation, the State Board of Election Commissioners finds that there is probable cause to believe there has been a violation of the voter registration laws or election laws, and the complaint has not been referred to the prosecuting attorney, the State Board of Election Commissioners may set a public hearing.

(A) If a complaint is filed as required by this section, the State Board of Election Commissioners shall investigate the alleged violation and notify the Election Integrity Unit to enter the complaint into the Arkansas Election Integrity Database.

(B) If at the conclusion of the investigation, the State Board of Election Commissioners finds that there is probable cause to believe there has been a criminal violation of the voter registration laws or election laws, the State Board of Election Commissioners may forward the complaint to the prosecuting attorney for criminal prosecution.

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

(D) If at the conclusion of the investigation, the State Board of Election Commissioners finds that there is probable cause to believe there has been a violation of the voter registration laws or election laws, and the complaint has not been referred to the prosecuting attorney, the State Board of Election Commissioners may set a public hearing.

(c) (1) The State Board of Election Commissioners shall maintain a record of all inquiries, investigations, and proceedings. (2) Except as provided in subdivisions (c)(3) and (4) of this section, records under this section are exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., until: (A) A hearing by the State Board of Election Commissioners is set; or (B) The investigation by the State Board of Election Commissioners is closed by the State Board of Election Commissioners. (3) The State Board of Election Commissioners shall disclose, through its members or staff, otherwise confidential information to proper law enforcement officers, agencies, and other entities as is necessary to conduct the investigation under this section. (4) The records of the investigation upon which the State Board of Election Commissioners has based its findings shall be opened to public inspection thirty (30) days after the final adjudication in which the State Board of Election Commissioners makes a final decision.

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

(2) Except as provided in subdivisions (c)(3) and (4) of this section, records under this section are exempt from disclosure under the Freedom of Information Act of 1967, § 25-19-101 et seq., until: (A) A hearing by the State Board of Election Commissioners is set; or (B) The investigation by the State Board of Election Commissioners is closed by the State Board of Election Commissioners.

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

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

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

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

(d) (1) If the State Board of Election Commissioners determines that the complaint can be addressed through documentary submissions and without a formal investigation, the State Board of Election Commissioners may address the complaint with documentary submissions. (2) If the State Board of Election Commissioners determines that an investigation is necessary, the State Board of Election Commissioners shall provide to the person who is the subject of the complaint: (A) A copy of the complaint if a copy has not previously been provided; and (B) Instructions for filing a response. (3) The State Board of Election Commissioners may: (A) Administer oaths for the purpose of taking sworn statements from witnesses in the course of its investigations; (B) Request the person who is the subject of the complaint to answer allegations in writing, produce relevant evidence, or appear in person before the State Board of Election Commissioners; and (C) (i) Subpoena any person or the books, records, or other documents relevant to the investigation or inquiry. (ii) The subpoena may direct any law enforcement officer of the county concerned or the Director of the Division of Arkansas State Police to seize any public record that is withheld. (4) The State Board of Election Commissioners shall: (A) Provide the person subpoenaed with reasonable notice of the subpoena and an opportunity to respond; and (B) Advise the complainant and the person who is the subject of the complaint in writing of the final action of the State Board of Election Commissioners.

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

(2) If the State Board of Election Commissioners determines that an investigation is necessary, the State Board of Election Commissioners shall provide to the person who is the subject of the complaint: (A) A copy of the complaint if a copy has not previously been provided; and (B) Instructions for filing a response.

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

(B) Instructions for filing a response.

(3) The State Board of Election Commissioners may: (A) Administer oaths for the purpose of taking sworn statements from witnesses in the course of its investigations; (B) Request the person who is the subject of the complaint to answer allegations in writing, produce relevant evidence, or appear in person before the State Board of Election Commissioners; and (C) (i) Subpoena any person or the books, records, or other documents relevant to the investigation or inquiry. (ii) The subpoena may direct any law enforcement officer of the county concerned or the Director of the Division of Arkansas State Police to seize any public record that is withheld.

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

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

(C) (i) Subpoena any person or the books, records, or other documents relevant to the investigation or inquiry. (ii) The subpoena may direct any law enforcement officer of the county concerned or the Director of the Division of Arkansas State Police to seize any public record that is withheld.

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

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

(4) The State Board of Election Commissioners shall: (A) Provide the person subpoenaed with reasonable notice of the subpoena and an opportunity to respond; and (B) Advise the complainant and the person who is the subject of the complaint in writing of the final action of the State Board of Election Commissioners.

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

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

(e) If the State Board of Election Commissioners finds a violation of the voter registration laws or election laws under its jurisdiction, the State Board of Election Commissioners may: (1) Issue a public letter of caution, warning, reprimand, or a conditional warning of consequences that shall be imposed if corrective action is not completed; (2) Impose a fine of no less than twenty-five dollars ($25.00) and no more than one thousand dollars ($1,000) for a negligent, knowing, or intentional violation; (3) Report the information obtained in the investigation and the findings and determinations of the State Board of Election Commissioners to the appropriate law enforcement authorities; (4) Make expenditures and order payment of the costs of the investigation and hearing; (5) Decertify an election official from appointment as an election official; (6) Issue an order that the State Board of Election Commissioners shall take over and conduct elections in the county in question if the violation is considered severe by the State Board of Election Commissioners and would threaten either a county's ability to conduct an equal, free, and impartial election, or the appearance of an equal, free, and impartial election; or (7) Combine any two (2) or more of the actions or sanctions authorized under this section.

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

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

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

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

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

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

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

(f) The State Board of Election Commissioners shall advise the complainant and the person who is the subject of the complaint of the: (1) Finding of the State Board of Election Commissioners; (2) Final action taken and sanctions issued by the State Board of Election Commissioners against a person associated with the complaint and a response thereto; and (3) Reasons for the findings, final actions, and sanctions.

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

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

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

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

(h) (1) The State Board of Election Commissioners shall adopt rules concerning the imposition of fines under this section. (2) If a person fails to pay the fines ordered by the State Board of Election Commissioners under this section, the State Board of Election Commissioners may obtain a judgment from a court for the amount of the fine imposed by filing suit in the: (A) Pulaski County Circuit Court; (B) Circuit court of the county in which the person resides; or (C) Small claims division of a district court. (3) The fee for filing of a suit in a circuit or district court in this state shall be waived for the State Board of Election Commissioners. (4) All moneys received by the State Board of Election Commissioners in payment of fines shall be deposited into the State Treasury as general revenues.

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

(2) If a person fails to pay the fines ordered by the State Board of Election Commissioners under this section, the State Board of Election Commissioners may obtain a judgment from a court for the amount of the fine imposed by filing suit in the: (A) Pulaski County Circuit Court; (B) Circuit court of the county in which the person resides; or (C) Small claims division of a district court.

(A) Pulaski County Circuit Court;

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

(C) Small claims division of a district court.

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

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

(i) (1) The State Board of Election Commissioners shall conclude its investigation and take its final action under this section within one hundred eighty (180) days of the filing of a complaint. (2) The State Board of Election Commissioners shall announce its final action as a final administrative decision. (3) However, if the State Board of Election Commissioners fails to take its final action within one hundred eighty (180) days, the final administrative action shall be effective within one hundred eighty (180) days of the filing of the complaint. (4) If the State Board of Election Commissioners makes its offer of settlement and the offer is rejected under this section, the State Board of Election Commissioners may conduct a hearing and shall take final action under this section within two hundred forty (240) days.

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

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

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

(4) If the State Board of Election Commissioners makes its offer of settlement and the offer is rejected under this section, the State Board of Election Commissioners may conduct a hearing and shall take final action under this section within two hundred forty (240) days.

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

(k) As used in this section: (1) "Election laws" means the United States Constitution, the Arkansas Constitution, and the statutes, final court decisions of general applicability, and rules of the United States and the State of Arkansas concerning elections conducted by county boards of election commissioners and the rules promulgated by the State Board of Election Commissioners under § 7-4-101 concerning elections conducted by county boards of election commissioners; (2) "Frivolous" means clearly lacking any basis in fact or law; and (3) "Voter registration laws" means those laws under the United States Constitution, the Arkansas Constitution, and the statutes, final court decisions, and rules promulgated by the United States and the State of Arkansas concerning voter registration laws.

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

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

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

Amended by Act 2023, No. 620,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 544,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 295,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 295,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 295,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 974,§ 3, eff. 7/28/2021.

Amended by Act 2021, No. 974,§ 4, eff. 7/28/2021.

Amended by Act 2021, No. 756,§ 2, eff. 7/28/2021.

Amended by Act 2017, No. 247,§ 1, eff. 8/1/2017.

Added by Act 2015, No. 1253,§ 3, eff. 7/22/2015.
Ark. Code Ann. § 7-5-601 — AR Code / Title 7 / Chapter 5 / Subchapter 6 / Section 7-5-601
Paper ballots - Form
Status: in_force

(a) All paper ballots provided by the county board of election commissioners of any county in this state for any election shall be alike and shall be printed in plain type. (b) Each ballot shall be printed on paper with a perforated portion capable of being detached for use as the ballot stub. (c) (1) As ballots are printed, the portion that shall be used as the ballot stub shall be numbered consecutively beginning with the number one (1). (2) The number on the last ballot printed shall show the total number of ballots provided for the election. (d) (1) The heading on the front or inner side of each ballot shall be: "OFFICIAL BALLOT. Vote by placing an appropriate mark opposite the person for whom you wish to vote." (2) If the ballot contains an initiated or referred amendment, act, or measure, the heading shall also contain these words: "Vote on amendments, acts, and measures by placing an appropriate mark below the amendment (or act or measure) either FOR or AGAINST." (e) Beneath the heading on each paper ballot there shall be printed instructions that inform the voter: (1) Of the effect of casting multiple votes for an office; and (2) How to correct the ballot before it is cast and counted, including without limitation instructions on how to correct an error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct an error. (f) Each paper ballot shall be compatible with the electronic vote tabulation devices selected by the Secretary of State under § 7-5-301 . (g) (1) A county that chooses to use a hand count of paper ballots in place of approved voting machines shall be responsible for: (A) The cost of the hand-counted paper ballots and any devices or machines required for the printing of the hand-counted paper ballots under this subchapter; and (B) The labor costs associated with the performance of the hand count of paper ballots. (2) A county that chooses to hand-count paper ballots shall be eligible to receive the amount of reimbursement as if the county performed a machine tabulation of the votes. (h) The county board of election commissioners of any county that chooses to use hand count paper ballots instead of approved voting machines shall be responsible for compliance with § 7-5-311 and with the Equal Access to Voting Rights Act, Pub. L. No. 98-435, the Americans with Disabilities Act, Title II of Pub. L. No. 101-336, and the Help America Vote Act of 2002, Pub. L. No. 107-252, regarding the accessibility of voting locations for voters with disabilities. (i) Each paper ballot to be hand counted shall contain a watermark on the ballot with a unique placement of the watermark for each election cycle. Amended by Act 2023, No. 743,§ 1, eff. 4/12/2023. Amended by Act 2023, No. 350,§ 1, eff. 3/21/2023. Acts 1977, No. 77, § 1; A.S.A. 1947, § 3-1801n; Acts 2005, No. 2233, § 34; 2009, No. 1480, § 35; 2011, No. 1020, § 2.

(a) All paper ballots provided by the county board of election commissioners of any county in this state for any election shall be alike and shall be printed in plain type.

(b) Each ballot shall be printed on paper with a perforated portion capable of being detached for use as the ballot stub.

(c) (1) As ballots are printed, the portion that shall be used as the ballot stub shall be numbered consecutively beginning with the number one (1). (2) The number on the last ballot printed shall show the total number of ballots provided for the election.

(1) As ballots are printed, the portion that shall be used as the ballot stub shall be numbered consecutively beginning with the number one (1).

(2) The number on the last ballot printed shall show the total number of ballots provided for the election.

(d) (1) The heading on the front or inner side of each ballot shall be: "OFFICIAL BALLOT. Vote by placing an appropriate mark opposite the person for whom you wish to vote." (2) If the ballot contains an initiated or referred amendment, act, or measure, the heading shall also contain these words: "Vote on amendments, acts, and measures by placing an appropriate mark below the amendment (or act or measure) either FOR or AGAINST."

(1) The heading on the front or inner side of each ballot shall be: "OFFICIAL BALLOT. Vote by placing an appropriate mark opposite the person for whom you wish to vote."

(2) If the ballot contains an initiated or referred amendment, act, or measure, the heading shall also contain these words: "Vote on amendments, acts, and measures by placing an appropriate mark below the amendment (or act or measure) either FOR or AGAINST."

(e) Beneath the heading on each paper ballot there shall be printed instructions that inform the voter: (1) Of the effect of casting multiple votes for an office; and (2) How to correct the ballot before it is cast and counted, including without limitation instructions on how to correct an error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct an error.

(1) Of the effect of casting multiple votes for an office; and

(2) How to correct the ballot before it is cast and counted, including without limitation instructions on how to correct an error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct an error.

(f) Each paper ballot shall be compatible with the electronic vote tabulation devices selected by the Secretary of State under § 7-5-301 .

(g) (1) A county that chooses to use a hand count of paper ballots in place of approved voting machines shall be responsible for: (A) The cost of the hand-counted paper ballots and any devices or machines required for the printing of the hand-counted paper ballots under this subchapter; and (B) The labor costs associated with the performance of the hand count of paper ballots. (2) A county that chooses to hand-count paper ballots shall be eligible to receive the amount of reimbursement as if the county performed a machine tabulation of the votes.

(1) A county that chooses to use a hand count of paper ballots in place of approved voting machines shall be responsible for: (A) The cost of the hand-counted paper ballots and any devices or machines required for the printing of the hand-counted paper ballots under this subchapter; and (B) The labor costs associated with the performance of the hand count of paper ballots.

(A) The cost of the hand-counted paper ballots and any devices or machines required for the printing of the hand-counted paper ballots under this subchapter; and

(B) The labor costs associated with the performance of the hand count of paper ballots.

(2) A county that chooses to hand-count paper ballots shall be eligible to receive the amount of reimbursement as if the county performed a machine tabulation of the votes.

(h) The county board of election commissioners of any county that chooses to use hand count paper ballots instead of approved voting machines shall be responsible for compliance with § 7-5-311 and with the Equal Access to Voting Rights Act, Pub. L. No. 98-435, the Americans with Disabilities Act, Title II of Pub. L. No. 101-336, and the Help America Vote Act of 2002, Pub. L. No. 107-252, regarding the accessibility of voting locations for voters with disabilities.

(i) Each paper ballot to be hand counted shall contain a watermark on the ballot with a unique placement of the watermark for each election cycle.

Amended by Act 2023, No. 743,§ 1, eff. 4/12/2023.

Amended by Act 2023, No. 350,§ 1, eff. 3/21/2023.

Acts 1977, No. 77, § 1; A.S.A. 1947, § 3-1801n; Acts 2005, No. 2233, § 34; 2009, No. 1480, § 35; 2011, No. 1020, § 2.
Ark. Code Ann. § 7-1-113 — AR Code / Title 7 / Chapter 1 / Section 7-1-113
Vote centers
Status: in_force

(a) (1) The county board of election commissioners may establish one (1) or more vote centers in the county on election day under § 7-5-101 . (2) A vote center shall be available to any qualified elector registered to vote in the county who applies to the county board of election commissioners while the polls are open on election day. (b) If a vote center is used in an election, the vote center shall have a secure electronic connection to provide voting information to and receive voting information from a computerized registration book maintained by the county clerk. (c) Before a person is permitted to cast a vote at a vote center, the election official shall: (1) Request that the voter identify himself or herself by stating his or her name, date of birth, and address in order to verify his or her registration and provide identification as required by law; (2) Request that the voter provide identification as required by law; (3) If the voter's name or address is not the same as that in the county voter registration record files, request that the voter complete an updated voter registration application form; and (4) (A) Request that the voter sign a voting roster or voting request form that identifies his or her name, address, date of birth, and the date on the roster or form. (B) The voting roster or voting request form shall contain the written or printed precinct number or ballot style of the voter. (d) If the voter is not listed in the electronic county voter registration files, the election official is unable to verify the voter's registration, and the voter contends that he or she is eligible to vote, the voter shall be directed to his or her polling site for the voter's precinct to cast a ballot. (e) The county board of election commissioners shall furnish a vote center location that adequately allows the voter to personally and secretly execute his or her vote. (f) The Secretary of State shall promulgate rules for the vote centers that: (1) Designate the electronic equipment to be used to verify the registration record of a voter; (2) Establish standards for the maintenance and use of the equipment used at a vote center; (3) Establish standards for the testing and backup of the equipment used at a vote center; (4) Establish standards for a secure electronic connection between a vote center and a county's computerized registration book; and (5) Establish procedures for the conduct of the vote center in the event that the electronic system fails. Amended by Act 2015, No. 1042,§ 2, eff. 7/22/2015. Added by Act 2013, No. 1389,§ 2, eff. 8/16/2013.

(a) (1) The county board of election commissioners may establish one (1) or more vote centers in the county on election day under § 7-5-101 . (2) A vote center shall be available to any qualified elector registered to vote in the county who applies to the county board of election commissioners while the polls are open on election day.

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

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

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

(c) Before a person is permitted to cast a vote at a vote center, the election official shall: (1) Request that the voter identify himself or herself by stating his or her name, date of birth, and address in order to verify his or her registration and provide identification as required by law; (2) Request that the voter provide identification as required by law; (3) If the voter's name or address is not the same as that in the county voter registration record files, request that the voter complete an updated voter registration application form; and (4) (A) Request that the voter sign a voting roster or voting request form that identifies his or her name, address, date of birth, and the date on the roster or form. (B) The voting roster or voting request form shall contain the written or printed precinct number or ballot style of the voter.

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

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

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

(4) (A) Request that the voter sign a voting roster or voting request form that identifies his or her name, address, date of birth, and the date on the roster or form. (B) The voting roster or voting request form shall contain the written or printed precinct number or ballot style of the voter.

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

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

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

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

(f) The Secretary of State shall promulgate rules for the vote centers that: (1) Designate the electronic equipment to be used to verify the registration record of a voter; (2) Establish standards for the maintenance and use of the equipment used at a vote center; (3) Establish standards for the testing and backup of the equipment used at a vote center; (4) Establish standards for a secure electronic connection between a vote center and a county's computerized registration book; and (5) Establish procedures for the conduct of the vote center in the event that the electronic system fails.

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

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

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

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

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

Amended by Act 2015, No. 1042,§ 2, eff. 7/22/2015.

Added by Act 2013, No. 1389,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 7-5-417 — AR Code / Title 7 / Chapter 5 / Subchapter 4 / Section 7-5-417
Challenge of absentee votes
Status: in_force

(a) When the name and voting precinct of a voter is read by the election official, any candidate or qualified poll watcher pursuant to § 7-5-312 may challenge the vote in the manner provided by law for personal voting challenges, and the election officials shall consider the ballot as a provisional ballot. (b) If the statement is not in proper form or for any other legal reason the vote should not be counted, the ballot shall not be counted and shall be preserved together with the statement and envelope for the same period of time that the statements are preserved. (c) If the county board of election commissioners determines that the provisional voter is qualified and that the vote was properly cast, the vote shall be counted. Acts 1969, No. 465, Art. 9, § 14; A.S.A. 1947, § 3-914; Acts 1997, No. 1092, § 13; 2003, No. 1154, § 4; 2005, No. 67, § 13; 2005, No. 880, § 7; 2007, No. 556, § 14.

(a) When the name and voting precinct of a voter is read by the election official, any candidate or qualified poll watcher pursuant to § 7-5-312 may challenge the vote in the manner provided by law for personal voting challenges, and the election officials shall consider the ballot as a provisional ballot.

(b) If the statement is not in proper form or for any other legal reason the vote should not be counted, the ballot shall not be counted and shall be preserved together with the statement and envelope for the same period of time that the statements are preserved.

(c) If the county board of election commissioners determines that the provisional voter is qualified and that the vote was properly cast, the vote shall be counted.

Acts 1969, No. 465, Art. 9, § 14; A.S.A. 1947, § 3-914; Acts 1997, No. 1092, § 13; 2003, No. 1154, § 4; 2005, No. 67, § 13; 2005, No. 880, § 7; 2007, No. 556, § 14.
Ark. Code Ann. § 7-5-522 — AR Code / Title 7 / Chapter 5 / Subchapter 5 / Section 7-5-522
Voting procedure
Status: in_force

(a) (1) When a voter presents himself or herself for the purpose of voting, the poll workers shall ascertain whether he or she is properly qualified and registered under § 7-5-305 . (2) In preparing the machines, the poll workers shall ensure that each voter will have access only to the proper ballot. (b) Only one (1) voter at a time shall be permitted to approach a voting machine. Having cast his or her vote, the voter shall at once move away from the voting machine and leave the polling room by the exit provided. (c) A voter having left the voting machine shall not be permitted to return to the voting machine except to complete the voting process. (d) If a voter leaves an electronic ballot on a voting machine on which the voter has either made some or no selections and has failed to complete the process of casting the ballot and failed to notify a poll worker of his or her desire to cancel the ballot before departing the polling site, two (2) poll workers shall take action to complete the process of casting the ballot and shall document: (1) The time; (2) The name of the voter, if known; (3) The names of the poll workers completing the process of casting the ballot; and (4) All other circumstances surrounding the abandoned ballot. Acts 1969, No. 465, Art. 12, § 21; A.S.A. 1947, § 3-1221; Acts 1989, No. 342, § 1; 1997, No. 446, § 17; 2005, No. 2233, § 26; 2007, No. 835, § 2; 2009, No. 959, § 26.

(a) (1) When a voter presents himself or herself for the purpose of voting, the poll workers shall ascertain whether he or she is properly qualified and registered under § 7-5-305 . (2) In preparing the machines, the poll workers shall ensure that each voter will have access only to the proper ballot.

(1) When a voter presents himself or herself for the purpose of voting, the poll workers shall ascertain whether he or she is properly qualified and registered under § 7-5-305 .

(2) In preparing the machines, the poll workers shall ensure that each voter will have access only to the proper ballot.

(b) Only one (1) voter at a time shall be permitted to approach a voting machine. Having cast his or her vote, the voter shall at once move away from the voting machine and leave the polling room by the exit provided.

(c) A voter having left the voting machine shall not be permitted to return to the voting machine except to complete the voting process.

(d) If a voter leaves an electronic ballot on a voting machine on which the voter has either made some or no selections and has failed to complete the process of casting the ballot and failed to notify a poll worker of his or her desire to cancel the ballot before departing the polling site, two (2) poll workers shall take action to complete the process of casting the ballot and shall document: (1) The time; (2) The name of the voter, if known; (3) The names of the poll workers completing the process of casting the ballot; and (4) All other circumstances surrounding the abandoned ballot.

(1) The time;

(2) The name of the voter, if known;

(3) The names of the poll workers completing the process of casting the ballot; and

(4) All other circumstances surrounding the abandoned ballot.

Acts 1969, No. 465, Art. 12, § 21; A.S.A. 1947, § 3-1221; Acts 1989, No. 342, § 1; 1997, No. 446, § 17; 2005, No. 2233, § 26; 2007, No. 835, § 2; 2009, No. 959, § 26.
Ark. Code Ann. § 7-5-312 — AR Code / Title 7 / Chapter 5 / Subchapter 3 / Section 7-5-312
Poll watchers, candidates, or designees - Rights - Challenge of a voter's ballot - Definition
Status: in_force

(a) Poll watchers shall include any: (1) Candidate in person, but only during the counting and tabulation of ballots and the processing of absentee ballots; (2) Authorized representative of a candidate; (3) Authorized representative of a group seeking the passage or defeat of a measure on the ballot; and (4) Authorized representative of a county or state political party with a candidate on the ballot or seeking the passage or defeat of a measure on the ballot. (b) A poll watcher shall: (1) (A) Be a qualified elector of the state. (B) A poll watcher is not required to be a qualified elector of the election precinct he or she is observing; and (2) Complete a training course approved and administered by the State Board of Election Commissioners. (c) (1) The county board of election commissioners shall designate observation areas for poll watchers at each location where ballots are cast, including without limitation a: (A) Courthouse; (B) Early voting site; (C) Vote center; or (D) Polling location. (2) An observation area required under subdivision (c)(1) of this section shall be not less than three feet (3') and no more than six feet (6') from the: (A) Location at which an elector announces his or her name and address to be issued a ballot; or (B) Table at which a person may register to vote. (d) A poll watcher shall be provided uniform and nondiscriminatory access to observe all stages of the election process, including without limitation: (1) Certification and testing of election technologies; (2) In-person absentee voting; (3) Return of absentee ballots by designated bearers; (4) Canvassing of absentee ballots; (5) Casting of ballots; (6) Spoiling of ballots; (7) Remaking of ballots; (8) Vote tabulation; (9) Voter registration at a polling location; (10) Audits; and (11) Recounts. (e) A poll watcher who is observing an election process shall wear a badge with the name of the individual. (f) A poll watcher shall not: (1) Wear campaign material advocating voting for or against a candidate or for or against a position on a ballot question; (2) Interfere with an elector in the preparation or casting of the elector's ballot; or (3) Hinder or prevent the performance of the duties of any election official. (g) A poll watcher may: (1) Bring in voter lists to observe; (2) Challenge a ballot for review by the county board of election commissioners as a provisional ballot; (3) Speak to a poll worker to initiate a challenge to a ballot; and (4) Speak to a poll judge to execute a challenge to a ballot. (h) A poll watcher who violates this section may be expelled from all polling locations in the county for the duration of the election by the county board of election commissioners, the county clerk, or other designated election official. (i) A person who uses force, intimidation, harassment, or coercion to interfere with a registered voter's ability to vote, an election official's duties, or a poll watcher's duties, is guilty upon conviction of a Class A misdemeanor. (j) Each candidate, group, or political party may have at any given time during the election, including early voting: (1) One (1) authorized representative present at any one (1) time at each location within a polling site where voters identify themselves to election officials, for absentee, in-person, or provisional voting, so as to observe and ascertain the identity of those persons presenting themselves to vote for the purpose of challenging voters; and (2) One (1) authorized representative present at any one (1) time at each location or area within the absentee ballot processing site where absentee ballots are processed, canvassed, duplicated, or tabulated, so as to observe and ascertain the identity of absentee voters for the purpose of challenging any absentee vote. (k) In accordance with §§ 7-5-316 , 7-5-413 , 7-5-416 , 7-5-527 , and 7-5-615 , a candidate in person or an authorized representative of a candidate or political party may be present at a polling site, vote center, early voting site, alternative site for central counting, and absentee ballot counting location for the purpose of witnessing the counting of ballots by election officials and determining whether ballots are fairly and accurately counted. (l) (1) The document designating and authorizing a representative of a candidate, a representative of a group seeking the passage or defeat of a measure on the ballot, and a representative of a political party with a candidate on the ballot or a political party seeking the passage or defeat of a measure on the ballot shall be filed with the county clerk. (2) The county clerk shall provide a poll watcher three (3) file-marked copies of the document required under subdivision (l)(1) of this section without a fee. (3) A file-marked copy shall be presented for viewing by the poll watcher to the election official immediately upon entering the polling site, vote center, early voting site, alternative voting site, absentee ballot processing site, or counting location in the following form: Click here to view form. (m) Poll watcher rights and responsibilities shall be printed on the back of the document in the following form: "POLL WATCHER RIGHTS AND RESPONSIBILITIES A poll watcher may be: (1) A candidate in person, but only during the counting and tabulation of ballots and the processing of absentee ballots; (2) An authorized representative of a candidate; (3) An authorized representative of a group seeking the passage or defeat of a measure on the ballot; or (4) An authorized representative of a party with a candidate on the ballot or seeking the passage or defeat of a measure on the ballot. Official recognition of poll watchers: (1) Only one (1) authorized poll watcher per candidate, group, or party at any one (1) given time may be officially recognized as a poll watcher at each location or area within a polling site, early voting site, vote center, or alternative site where voters identify themselves to election officials; (2) Only one (1) authorized poll watcher per candidate, group, or party at any one (1) given time may be officially recognized as a poll watcher at each location or area within the absentee ballot processing site where absentee ballots are processed; and (3) Only one (1) authorized poll watcher per candidate or party at any one (1) given time may be officially recognized as a poll watcher at the counting of the ballots. Poll watcher credentials: (1) Except for candidates in person, poll watchers must present a valid affidavit in the form of a 'Poll Watcher Authorization Form' to an election official immediately upon entering the polling or counting location; and (2) Candidates in person attending a counting site or absentee ballot processing site are not required to present a 'Poll Watcher Authorization Form' but must present some form of identification to an election official immediately upon entering the site for the purpose of confirming the poll watcher as a candidate on the ballot. Poll watchers may: (1) Observe the election officials or designees; (2) Stand close enough to the place where voters check in to vote so as to hear the voter's name; (3) Compile lists of persons voting; (4) Challenge ballots upon notification to an election official before the voter signs the precinct voter registration list and upon completing a 'Challenged Ballot Form'; (5) Call to the attention of the election sheriff any occurrence believed to be an irregularity or violation of election law. The poll watcher may not discuss the occurrence unless the election sheriff invites the discussion; and (6) Be present at the opening, processing, duplication, and canvassing of absentee ballots for the purpose of challenging absentee votes in the manner provided by law for personal voting challenges. Poll watchers representing a candidate or political party may: (1) Remain at the polling site after the poll closes if ballots are counted at the poll; (2) Be present at the counting of votes by hand or by an electronic vote tabulating device at a central location; (3) Be present at the counting of absentee ballots for the purpose of witnessing the counting of ballots by election officials and determining whether ballots are fairly and accurately counted; and (4) Upon request made to an election official, inspect any or all ballots at the time the ballots are being counted. Poll watchers may not: (1) Be within six feet (6') of any voting machine or booth used by voters to cast their ballot; (2) Speak to any voter or in any way attempt to influence a voter inside the polling site or within one hundred feet (100') of the primary exterior entrance used by voters to the building containing the polling site; or (3) Disrupt the orderly conduct of the election." (n) Poll watcher rights and responsibilities shall be posted in plain view at each polling site, absentee ballot processing site, and counting site. (o) A poll watcher may notify an election official that he or she is challenging a voter only on the grounds that the voter: (1) Is not eligible to vote in the precinct; or (2) Has previously voted at that election. (p) (1) When the ballot of any voter is thus challenged, it shall be treated as a provisional ballot. (2) The poll watcher shall notify an election official of the challenge before the voter signs the precinct voter registration list. (3) The poll watcher shall complete a challenged ballot form. (4) The election official shall inform the voter that his or her ballot is being challenged. (5) The procedures for casting a provisional ballot under § 7-5-308 shall be followed. (q) As used in this section, "group seeking the passage or defeat of a measure on the ballot" means a group that is registered or files reports with the Secretary of State under § 7-6-201 et seq. Amended by Act 2023, No. 444,§ 3, eff. 8/1/2023. Acts 1969, No. 465, Art. 7, § 14; 1977, No. 114, § 1; A.S.A. 1947, § 3-714; Acts 1987, No. 247, § 2; 1987, No. 905, § 1; 1991, No. 407, § 1; 1991, No. 529, § 1; 1997, No. 451, § 23; 2003, No. 994, § 6; 2003, No. 1154, § 1; 2005, No. 67, § 8; 2005, No. 880, § 3; 2007, No. 224, § 6; 2009, No. 1480, § 26. See Act 2023, No. 444, § 7. Act 2023, No. 444 provides that this act shall be known and may be cited as the "Arkansas Poll Watchers Bill Of Rights Act Of 2023".

(a) Poll watchers shall include any: (1) Candidate in person, but only during the counting and tabulation of ballots and the processing of absentee ballots; (2) Authorized representative of a candidate; (3) Authorized representative of a group seeking the passage or defeat of a measure on the ballot; and (4) Authorized representative of a county or state political party with a candidate on the ballot or seeking the passage or defeat of a measure on the ballot.

(1) Candidate in person, but only during the counting and tabulation of ballots and the processing of absentee ballots;

(2) Authorized representative of a candidate;

(3) Authorized representative of a group seeking the passage or defeat of a measure on the ballot; and

(4) Authorized representative of a county or state political party with a candidate on the ballot or seeking the passage or defeat of a measure on the ballot.

(b) A poll watcher shall: (1) (A) Be a qualified elector of the state. (B) A poll watcher is not required to be a qualified elector of the election precinct he or she is observing; and (2) Complete a training course approved and administered by the State Board of Election Commissioners.

(1) (A) Be a qualified elector of the state. (B) A poll watcher is not required to be a qualified elector of the election precinct he or she is observing; and

(A) Be a qualified elector of the state.

(B) A poll watcher is not required to be a qualified elector of the election precinct he or she is observing; and

(2) Complete a training course approved and administered by the State Board of Election Commissioners.

(c) (1) The county board of election commissioners shall designate observation areas for poll watchers at each location where ballots are cast, including without limitation a: (A) Courthouse; (B) Early voting site; (C) Vote center; or (D) Polling location. (2) An observation area required under subdivision (c)(1) of this section shall be not less than three feet (3') and no more than six feet (6') from the: (A) Location at which an elector announces his or her name and address to be issued a ballot; or (B) Table at which a person may register to vote.

(1) The county board of election commissioners shall designate observation areas for poll watchers at each location where ballots are cast, including without limitation a: (A) Courthouse; (B) Early voting site; (C) Vote center; or (D) Polling location.

(A) Courthouse;

(B) Early voting site;

(C) Vote center; or

(D) Polling location.

(2) An observation area required under subdivision (c)(1) of this section shall be not less than three feet (3') and no more than six feet (6') from the: (A) Location at which an elector announces his or her name and address to be issued a ballot; or (B) Table at which a person may register to vote.

(A) Location at which an elector announces his or her name and address to be issued a ballot; or

(B) Table at which a person may register to vote.

(d) A poll watcher shall be provided uniform and nondiscriminatory access to observe all stages of the election process, including without limitation: (1) Certification and testing of election technologies; (2) In-person absentee voting; (3) Return of absentee ballots by designated bearers; (4) Canvassing of absentee ballots; (5) Casting of ballots; (6) Spoiling of ballots; (7) Remaking of ballots; (8) Vote tabulation; (9) Voter registration at a polling location; (10) Audits; and (11) Recounts.

(1) Certification and testing of election technologies;

(2) In-person absentee voting;

(3) Return of absentee ballots by designated bearers;

(4) Canvassing of absentee ballots;

(5) Casting of ballots;

(6) Spoiling of ballots;

(7) Remaking of ballots;

(8) Vote tabulation;

(9) Voter registration at a polling location;

(10) Audits; and

(11) Recounts.

(e) A poll watcher who is observing an election process shall wear a badge with the name of the individual.

(f) A poll watcher shall not: (1) Wear campaign material advocating voting for or against a candidate or for or against a position on a ballot question; (2) Interfere with an elector in the preparation or casting of the elector's ballot; or (3) Hinder or prevent the performance of the duties of any election official.

(1) Wear campaign material advocating voting for or against a candidate or for or against a position on a ballot question;

(2) Interfere with an elector in the preparation or casting of the elector's ballot; or

(3) Hinder or prevent the performance of the duties of any election official.

(g) A poll watcher may: (1) Bring in voter lists to observe; (2) Challenge a ballot for review by the county board of election commissioners as a provisional ballot; (3) Speak to a poll worker to initiate a challenge to a ballot; and (4) Speak to a poll judge to execute a challenge to a ballot.

(1) Bring in voter lists to observe;

(2) Challenge a ballot for review by the county board of election commissioners as a provisional ballot;

(3) Speak to a poll worker to initiate a challenge to a ballot; and

(4) Speak to a poll judge to execute a challenge to a ballot.

(h) A poll watcher who violates this section may be expelled from all polling locations in the county for the duration of the election by the county board of election commissioners, the county clerk, or other designated election official.

(i) A person who uses force, intimidation, harassment, or coercion to interfere with a registered voter's ability to vote, an election official's duties, or a poll watcher's duties, is guilty upon conviction of a Class A misdemeanor.

(j) Each candidate, group, or political party may have at any given time during the election, including early voting: (1) One (1) authorized representative present at any one (1) time at each location within a polling site where voters identify themselves to election officials, for absentee, in-person, or provisional voting, so as to observe and ascertain the identity of those persons presenting themselves to vote for the purpose of challenging voters; and (2) One (1) authorized representative present at any one (1) time at each location or area within the absentee ballot processing site where absentee ballots are processed, canvassed, duplicated, or tabulated, so as to observe and ascertain the identity of absentee voters for the purpose of challenging any absentee vote.

(1) One (1) authorized representative present at any one (1) time at each location within a polling site where voters identify themselves to election officials, for absentee, in-person, or provisional voting, so as to observe and ascertain the identity of those persons presenting themselves to vote for the purpose of challenging voters; and

(2) One (1) authorized representative present at any one (1) time at each location or area within the absentee ballot processing site where absentee ballots are processed, canvassed, duplicated, or tabulated, so as to observe and ascertain the identity of absentee voters for the purpose of challenging any absentee vote.

(k) In accordance with §§ 7-5-316 , 7-5-413 , 7-5-416 , 7-5-527 , and 7-5-615 , a candidate in person or an authorized representative of a candidate or political party may be present at a polling site, vote center, early voting site, alternative site for central counting, and absentee ballot counting location for the purpose of witnessing the counting of ballots by election officials and determining whether ballots are fairly and accurately counted.

(l) (1) The document designating and authorizing a representative of a candidate, a representative of a group seeking the passage or defeat of a measure on the ballot, and a representative of a political party with a candidate on the ballot or a political party seeking the passage or defeat of a measure on the ballot shall be filed with the county clerk. (2) The county clerk shall provide a poll watcher three (3) file-marked copies of the document required under subdivision (l)(1) of this section without a fee. (3) A file-marked copy shall be presented for viewing by the poll watcher to the election official immediately upon entering the polling site, vote center, early voting site, alternative voting site, absentee ballot processing site, or counting location in the following form: Click here to view form.

(1) The document designating and authorizing a representative of a candidate, a representative of a group seeking the passage or defeat of a measure on the ballot, and a representative of a political party with a candidate on the ballot or a political party seeking the passage or defeat of a measure on the ballot shall be filed with the county clerk.

(2) The county clerk shall provide a poll watcher three (3) file-marked copies of the document required under subdivision (l)(1) of this section without a fee.

(3) A file-marked copy shall be presented for viewing by the poll watcher to the election official immediately upon entering the polling site, vote center, early voting site, alternative voting site, absentee ballot processing site, or counting location in the following form: Click here to view form.

Click here to view form.

(m) Poll watcher rights and responsibilities shall be printed on the back of the document in the following form: "POLL WATCHER RIGHTS AND RESPONSIBILITIES A poll watcher may be: (1) A candidate in person, but only during the counting and tabulation of ballots and the processing of absentee ballots; (2) An authorized representative of a candidate; (3) An authorized representative of a group seeking the passage or defeat of a measure on the ballot; or (4) An authorized representative of a party with a candidate on the ballot or seeking the passage or defeat of a measure on the ballot. Official recognition of poll watchers: (1) Only one (1) authorized poll watcher per candidate, group, or party at any one (1) given time may be officially recognized as a poll watcher at each location or area within a polling site, early voting site, vote center, or alternative site where voters identify themselves to election officials; (2) Only one (1) authorized poll watcher per candidate, group, or party at any one (1) given time may be officially recognized as a poll watcher at each location or area within the absentee ballot processing site where absentee ballots are processed; and (3) Only one (1) authorized poll watcher per candidate or party at any one (1) given time may be officially recognized as a poll watcher at the counting of the ballots. Poll watcher credentials: (1) Except for candidates in person, poll watchers must present a valid affidavit in the form of a 'Poll Watcher Authorization Form' to an election official immediately upon entering the polling or counting location; and (2) Candidates in person attending a counting site or absentee ballot processing site are not required to present a 'Poll Watcher Authorization Form' but must present some form of identification to an election official immediately upon entering the site for the purpose of confirming the poll watcher as a candidate on the ballot. Poll watchers may: (1) Observe the election officials or designees; (2) Stand close enough to the place where voters check in to vote so as to hear the voter's name; (3) Compile lists of persons voting; (4) Challenge ballots upon notification to an election official before the voter signs the precinct voter registration list and upon completing a 'Challenged Ballot Form'; (5) Call to the attention of the election sheriff any occurrence believed to be an irregularity or violation of election law. The poll watcher may not discuss the occurrence unless the election sheriff invites the discussion; and (6) Be present at the opening, processing, duplication, and canvassing of absentee ballots for the purpose of challenging absentee votes in the manner provided by law for personal voting challenges. Poll watchers representing a candidate or political party may: (1) Remain at the polling site after the poll closes if ballots are counted at the poll; (2) Be present at the counting of votes by hand or by an electronic vote tabulating device at a central location; (3) Be present at the counting of absentee ballots for the purpose of witnessing the counting of ballots by election officials and determining whether ballots are fairly and accurately counted; and (4) Upon request made to an election official, inspect any or all ballots at the time the ballots are being counted. Poll watchers may not: (1) Be within six feet (6') of any voting machine or booth used by voters to cast their ballot; (2) Speak to any voter or in any way attempt to influence a voter inside the polling site or within one hundred feet (100') of the primary exterior entrance used by voters to the building containing the polling site; or (3) Disrupt the orderly conduct of the election."

"POLL WATCHER RIGHTS AND RESPONSIBILITIES

A poll watcher may be:

(1) A candidate in person, but only during the counting and tabulation of ballots and the processing of absentee ballots;

(2) An authorized representative of a candidate;

(3) An authorized representative of a group seeking the passage or defeat of a measure on the ballot; or

(4) An authorized representative of a party with a candidate on the ballot or seeking the passage or defeat of a measure on the ballot.

Official recognition of poll watchers:

(1) Only one (1) authorized poll watcher per candidate, group, or party at any one (1) given time may be officially recognized as a poll watcher at each location or area within a polling site, early voting site, vote center, or alternative site where voters identify themselves to election officials;

(2) Only one (1) authorized poll watcher per candidate, group, or party at any one (1) given time may be officially recognized as a poll watcher at each location or area within the absentee ballot processing site where absentee ballots are processed; and

(3) Only one (1) authorized poll watcher per candidate or party at any one (1) given time may be officially recognized as a poll watcher at the counting of the ballots.

Poll watcher credentials:

(1) Except for candidates in person, poll watchers must present a valid affidavit in the form of a 'Poll Watcher Authorization Form' to an election official immediately upon entering the polling or counting location; and

(2) Candidates in person attending a counting site or absentee ballot processing site are not required to present a 'Poll Watcher Authorization Form' but must present some form of identification to an election official immediately upon entering the site for the purpose of confirming the poll watcher as a candidate on the ballot.

Poll watchers may:

(1) Observe the election officials or designees;

(2) Stand close enough to the place where voters check in to vote so as to hear the voter's name;

(3) Compile lists of persons voting;

(4) Challenge ballots upon notification to an election official before the voter signs the precinct voter registration list and upon completing a 'Challenged Ballot Form';

(5) Call to the attention of the election sheriff any occurrence believed to be an irregularity or violation of election law. The poll watcher may not discuss the occurrence unless the election sheriff invites the discussion; and

(6) Be present at the opening, processing, duplication, and canvassing of absentee ballots for the purpose of challenging absentee votes in the manner provided by law for personal voting challenges.

Poll watchers representing a candidate or political party may:

(1) Remain at the polling site after the poll closes if ballots are counted at the poll;

(2) Be present at the counting of votes by hand or by an electronic vote tabulating device at a central location;

(3) Be present at the counting of absentee ballots for the purpose of witnessing the counting of ballots by election officials and determining whether ballots are fairly and accurately counted; and

(4) Upon request made to an election official, inspect any or all ballots at the time the ballots are being counted.

Poll watchers may not:

(1) Be within six feet (6') of any voting machine or booth used by voters to cast their ballot;

(2) Speak to any voter or in any way attempt to influence a voter inside the polling site or within one hundred feet (100') of the primary exterior entrance used by voters to the building containing the polling site; or

(3) Disrupt the orderly conduct of the election."

(n) Poll watcher rights and responsibilities shall be posted in plain view at each polling site, absentee ballot processing site, and counting site.

(o) A poll watcher may notify an election official that he or she is challenging a voter only on the grounds that the voter: (1) Is not eligible to vote in the precinct; or (2) Has previously voted at that election.

(1) Is not eligible to vote in the precinct; or

(2) Has previously voted at that election.

(p) (1) When the ballot of any voter is thus challenged, it shall be treated as a provisional ballot. (2) The poll watcher shall notify an election official of the challenge before the voter signs the precinct voter registration list. (3) The poll watcher shall complete a challenged ballot form. (4) The election official shall inform the voter that his or her ballot is being challenged. (5) The procedures for casting a provisional ballot under § 7-5-308 shall be followed.

(1) When the ballot of any voter is thus challenged, it shall be treated as a provisional ballot.

(2) The poll watcher shall notify an election official of the challenge before the voter signs the precinct voter registration list.

(3) The poll watcher shall complete a challenged ballot form.

(4) The election official shall inform the voter that his or her ballot is being challenged.

(5) The procedures for casting a provisional ballot under § 7-5-308 shall be followed.

(q) As used in this section, "group seeking the passage or defeat of a measure on the ballot" means a group that is registered or files reports with the Secretary of State under § 7-6-201 et seq.

Amended by Act 2023, No. 444,§ 3, eff. 8/1/2023.

Acts 1969, No. 465, Art. 7, § 14; 1977, No. 114, § 1; A.S.A. 1947, § 3-714; Acts 1987, No. 247, § 2; 1987, No. 905, § 1; 1991, No. 407, § 1; 1991, No. 529, § 1; 1997, No. 451, § 23; 2003, No. 994, § 6; 2003, No. 1154, § 1; 2005, No. 67, § 8; 2005, No. 880, § 3; 2007, No. 224, § 6; 2009, No. 1480, § 26.

See Act 2023, No. 444, § 7.

Act 2023, No. 444 provides that this act shall be known and may be cited as the "Arkansas Poll Watchers Bill Of Rights Act Of 2023".

5_312_1 - Attachment
Ark. Code Ann. § 7-1-108 — AR Code / Title 7 / Chapter 1 / Section 7-1-108
Election law deadlines
Status: in_force

If an election law deadline occurs on a Saturday, Sunday, or legal holiday, the deadline shall be the next day which is not a Saturday, Sunday, or legal holiday. Acts 1999, No. 653, § 1.

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

Acts 1999, No. 653, § 1.
Ark. Code Ann. § 7-7-105 — AR Code / Title 7 / Chapter 7 / Subchapter 1 / Section 7-7-105
Filling vacancies in certain offices - Special primary elections
Status: in_force

(a) Nominees for special elections called for the purpose of filling a vacancy in office for a member of the United States House of Representatives, Lieutenant Governor, or for a member of the Senate or House of Representatives of the General Assembly shall be chosen as follows: (1) The Governor shall certify in writing to the state committees of the respective political parties the fact of vacancy and shall request the respective state committees to make a determination and notify him or her in writing within ten (10) days with respect to whether the political parties desire to hold a special primary election or a convention of delegates held under party rules to choose nominees; (2) (A) If the state committee of any political party timely notifies the Governor that it chooses to hold a special primary election, any political party desiring to choose a nominee shall choose the nominee at a special primary election. (B) The Governor's proclamation shall set dates for the special primary election and the runoff primary election to be held if no candidate receives a majority of the vote at the special primary election; and (3) (A) (i) Except as provided in subsection (c) of this section, a special election to fill the vacancy in office shall be held on a date as soon as possible after the vacancy occurs. (ii) Except as provided in subdivision (a)(3)(A)(iii) of this section, the special election shall be held not more than one hundred fifty (150) days after the occurrence of the vacancy. (iii) If the Governor determines it is impracticable or unduly burdensome to hold the special election within one hundred fifty (150) days after the occurrence of the vacancy, the special election shall be held as soon as practicable after the one-hundred-fiftieth day following the occurrence of the vacancy. (B) The special election shall be held in accordance with laws governing special elections. (C) (i) If a nominee is to be chosen at a special primary election and if, after the close of the filing period, only one (1) or two (2) candidates have filed for the nomination of a party holding a primary, the state committee of a party holding a primary shall notify the Governor. (ii) The Governor shall issue a new proclamation setting the special election for an earlier date so long as the earlier date is in accordance with state laws governing special elections. (b) If no state committee of any political party timely notifies the Governor of the desire to hold a special primary election or convention, the Governor, in issuing his or her proclamation calling for the special election, shall declare that the nominee of a political party shall be chosen at a convention. (c) A special election for a vacancy in the office of Lieutenant Governor shall not be held if: (1) The vacancy occurs less than ten (10) months before the next scheduled general election; (2) The office of Lieutenant Governor would in regular course be filled at the next scheduled general election; and (3) The Governor determines that the cost of holding a special election for a vacancy in the office of Lieutenant Governor less than ten (10) months before the office will be filled at the next scheduled general election is impractical because of the timing of the vacancy. Amended by Act 2014, No. 210,§ 1, eff. 2/28/2014. Acts 1969, No. 465, Art. 1, § 5; 1971, No. 261, § 3; 1972 (Ex. Sess.), No. 42, § 1; 1975, No. 700, § 1; A.S.A. 1947, § 3-105; Acts 1987, No. 248, § 1; 1993, No. 512, § 8; 1997, No. 1082, § 2; 2005, No. 2145, § 13; 2007, No. 1049, § 23; 2009, No. 1480, § 42.

(a) Nominees for special elections called for the purpose of filling a vacancy in office for a member of the United States House of Representatives, Lieutenant Governor, or for a member of the Senate or House of Representatives of the General Assembly shall be chosen as follows: (1) The Governor shall certify in writing to the state committees of the respective political parties the fact of vacancy and shall request the respective state committees to make a determination and notify him or her in writing within ten (10) days with respect to whether the political parties desire to hold a special primary election or a convention of delegates held under party rules to choose nominees; (2) (A) If the state committee of any political party timely notifies the Governor that it chooses to hold a special primary election, any political party desiring to choose a nominee shall choose the nominee at a special primary election. (B) The Governor's proclamation shall set dates for the special primary election and the runoff primary election to be held if no candidate receives a majority of the vote at the special primary election; and (3) (A) (i) Except as provided in subsection (c) of this section, a special election to fill the vacancy in office shall be held on a date as soon as possible after the vacancy occurs. (ii) Except as provided in subdivision (a)(3)(A)(iii) of this section, the special election shall be held not more than one hundred fifty (150) days after the occurrence of the vacancy. (iii) If the Governor determines it is impracticable or unduly burdensome to hold the special election within one hundred fifty (150) days after the occurrence of the vacancy, the special election shall be held as soon as practicable after the one-hundred-fiftieth day following the occurrence of the vacancy. (B) The special election shall be held in accordance with laws governing special elections. (C) (i) If a nominee is to be chosen at a special primary election and if, after the close of the filing period, only one (1) or two (2) candidates have filed for the nomination of a party holding a primary, the state committee of a party holding a primary shall notify the Governor. (ii) The Governor shall issue a new proclamation setting the special election for an earlier date so long as the earlier date is in accordance with state laws governing special elections.

(1) The Governor shall certify in writing to the state committees of the respective political parties the fact of vacancy and shall request the respective state committees to make a determination and notify him or her in writing within ten (10) days with respect to whether the political parties desire to hold a special primary election or a convention of delegates held under party rules to choose nominees;

(2) (A) If the state committee of any political party timely notifies the Governor that it chooses to hold a special primary election, any political party desiring to choose a nominee shall choose the nominee at a special primary election. (B) The Governor's proclamation shall set dates for the special primary election and the runoff primary election to be held if no candidate receives a majority of the vote at the special primary election; and

(A) If the state committee of any political party timely notifies the Governor that it chooses to hold a special primary election, any political party desiring to choose a nominee shall choose the nominee at a special primary election.

(B) The Governor's proclamation shall set dates for the special primary election and the runoff primary election to be held if no candidate receives a majority of the vote at the special primary election; and

(3) (A) (i) Except as provided in subsection (c) of this section, a special election to fill the vacancy in office shall be held on a date as soon as possible after the vacancy occurs. (ii) Except as provided in subdivision (a)(3)(A)(iii) of this section, the special election shall be held not more than one hundred fifty (150) days after the occurrence of the vacancy. (iii) If the Governor determines it is impracticable or unduly burdensome to hold the special election within one hundred fifty (150) days after the occurrence of the vacancy, the special election shall be held as soon as practicable after the one-hundred-fiftieth day following the occurrence of the vacancy. (B) The special election shall be held in accordance with laws governing special elections. (C) (i) If a nominee is to be chosen at a special primary election and if, after the close of the filing period, only one (1) or two (2) candidates have filed for the nomination of a party holding a primary, the state committee of a party holding a primary shall notify the Governor. (ii) The Governor shall issue a new proclamation setting the special election for an earlier date so long as the earlier date is in accordance with state laws governing special elections.

(A) (i) Except as provided in subsection (c) of this section, a special election to fill the vacancy in office shall be held on a date as soon as possible after the vacancy occurs. (ii) Except as provided in subdivision (a)(3)(A)(iii) of this section, the special election shall be held not more than one hundred fifty (150) days after the occurrence of the vacancy. (iii) If the Governor determines it is impracticable or unduly burdensome to hold the special election within one hundred fifty (150) days after the occurrence of the vacancy, the special election shall be held as soon as practicable after the one-hundred-fiftieth day following the occurrence of the vacancy.

(i) Except as provided in subsection (c) of this section, a special election to fill the vacancy in office shall be held on a date as soon as possible after the vacancy occurs.

(ii) Except as provided in subdivision (a)(3)(A)(iii) of this section, the special election shall be held not more than one hundred fifty (150) days after the occurrence of the vacancy.

(iii) If the Governor determines it is impracticable or unduly burdensome to hold the special election within one hundred fifty (150) days after the occurrence of the vacancy, the special election shall be held as soon as practicable after the one-hundred-fiftieth day following the occurrence of the vacancy.

(B) The special election shall be held in accordance with laws governing special elections.

(C) (i) If a nominee is to be chosen at a special primary election and if, after the close of the filing period, only one (1) or two (2) candidates have filed for the nomination of a party holding a primary, the state committee of a party holding a primary shall notify the Governor. (ii) The Governor shall issue a new proclamation setting the special election for an earlier date so long as the earlier date is in accordance with state laws governing special elections.

(i) If a nominee is to be chosen at a special primary election and if, after the close of the filing period, only one (1) or two (2) candidates have filed for the nomination of a party holding a primary, the state committee of a party holding a primary shall notify the Governor.

(ii) The Governor shall issue a new proclamation setting the special election for an earlier date so long as the earlier date is in accordance with state laws governing special elections.

(b) If no state committee of any political party timely notifies the Governor of the desire to hold a special primary election or convention, the Governor, in issuing his or her proclamation calling for the special election, shall declare that the nominee of a political party shall be chosen at a convention.

(c) A special election for a vacancy in the office of Lieutenant Governor shall not be held if: (1) The vacancy occurs less than ten (10) months before the next scheduled general election; (2) The office of Lieutenant Governor would in regular course be filled at the next scheduled general election; and (3) The Governor determines that the cost of holding a special election for a vacancy in the office of Lieutenant Governor less than ten (10) months before the office will be filled at the next scheduled general election is impractical because of the timing of the vacancy.

(1) The vacancy occurs less than ten (10) months before the next scheduled general election;

(2) The office of Lieutenant Governor would in regular course be filled at the next scheduled general election; and

(3) The Governor determines that the cost of holding a special election for a vacancy in the office of Lieutenant Governor less than ten (10) months before the office will be filled at the next scheduled general election is impractical because of the timing of the vacancy.

Amended by Act 2014, No. 210,§ 1, eff. 2/28/2014.

Acts 1969, No. 465, Art. 1, § 5; 1971, No. 261, § 3; 1972 (Ex. Sess.), No. 42, § 1; 1975, No. 700, § 1; A.S.A. 1947, § 3-105; Acts 1987, No. 248, § 1; 1993, No. 512, § 8; 1997, No. 1082, § 2; 2005, No. 2145, § 13; 2007, No. 1049, § 23; 2009, No. 1480, § 42.
Ark. Code Ann. § 7-5-309 — AR Code / Title 7 / Chapter 5 / Subchapter 3 / Section 7-5-309
Voting procedure
Status: in_force

(a) Before giving the voter a preprinted paper ballot, a poll worker shall: (1) Initial the back of the ballot; (2) Remove the ballot stub; and (3) Place the stub into the stub box provided. (b) (1) (A) Upon receiving his or her ballot, the voter may mark the ballot appropriately at a voting booth, voting machine, or private voting place that allows for the voter to mark the ballot in secrecy so that no one may view how he or she voted. (B) A voter shall not be allowed more than ten (10) minutes to mark his or her ballot. (2) The voter or the voter's authorized assistant shall deposit the marked ballot into the ballot box provided. (c) The voter shall not be required to sign, initial, or in any way identify himself or herself with the ballot, the ballot stub, or the list of voters other than in the manner provided in this section. (d) [Repealed.] (e) After having voted or having declined to vote, the voter shall immediately depart from the polling site. (f) A person shall not carry a ballot outside of the polling place. (g) (1) If a paper ballot is left in the polling site outside of the ballot box after the voter has departed, a poll worker shall: (A) Write "Abandoned" on the face of the paper ballot; (B) Place the paper ballot into an envelope marked "Abandoned Ballot"; (C) Note in writing on the outside of the envelope the circumstances surrounding the abandoned ballot; and (D) Preserve the abandoned ballot separately. (2) The county board of election commissioners shall not count the ballot. (h) (1) If an electronic vote tabulating device at the polling site has rejected a ballot that remains in the receiving part of the device, two (2) poll workers shall override warnings on the device and complete the process of casting the ballot only if: (A) The voter has departed the polling site; and (B) The voter did not indicate that he or she chose to cancel or replace the ballot. (2) The poll workers shall document: (A) The time; (B) The name of the voter; (C) The names of the poll workers completing the process of casting the ballot; and (D) All other circumstances surrounding the abandoned ballot. Amended by Act 2019, No. 664,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 534,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 109,§ 3, eff. 7/24/2019. Amended by Act 2017, No. 908,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 1461,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 1424,§ 1, eff. 8/16/2013. Acts 1969, No. 465, Art. 7, § 11; A.S.A. 1947, § 3-711; Acts 1997, No. 451, § 21; 2005, No. 880, § 2; 2007, No. 224, § 5; 2007, No. 834, § 1; 2009, No. 959, § 13; 2011, No. 1033, § 1.

(a) Before giving the voter a preprinted paper ballot, a poll worker shall: (1) Initial the back of the ballot; (2) Remove the ballot stub; and (3) Place the stub into the stub box provided.

(1) Initial the back of the ballot;

(2) Remove the ballot stub; and

(3) Place the stub into the stub box provided.

(b) (1) (A) Upon receiving his or her ballot, the voter may mark the ballot appropriately at a voting booth, voting machine, or private voting place that allows for the voter to mark the ballot in secrecy so that no one may view how he or she voted. (B) A voter shall not be allowed more than ten (10) minutes to mark his or her ballot. (2) The voter or the voter's authorized assistant shall deposit the marked ballot into the ballot box provided.

(1) (A) Upon receiving his or her ballot, the voter may mark the ballot appropriately at a voting booth, voting machine, or private voting place that allows for the voter to mark the ballot in secrecy so that no one may view how he or she voted. (B) A voter shall not be allowed more than ten (10) minutes to mark his or her ballot.

(A) Upon receiving his or her ballot, the voter may mark the ballot appropriately at a voting booth, voting machine, or private voting place that allows for the voter to mark the ballot in secrecy so that no one may view how he or she voted.

(B) A voter shall not be allowed more than ten (10) minutes to mark his or her ballot.

(2) The voter or the voter's authorized assistant shall deposit the marked ballot into the ballot box provided.

(c) The voter shall not be required to sign, initial, or in any way identify himself or herself with the ballot, the ballot stub, or the list of voters other than in the manner provided in this section.

(d) [Repealed.]

(e) After having voted or having declined to vote, the voter shall immediately depart from the polling site.

(f) A person shall not carry a ballot outside of the polling place.

(g) (1) If a paper ballot is left in the polling site outside of the ballot box after the voter has departed, a poll worker shall: (A) Write "Abandoned" on the face of the paper ballot; (B) Place the paper ballot into an envelope marked "Abandoned Ballot"; (C) Note in writing on the outside of the envelope the circumstances surrounding the abandoned ballot; and (D) Preserve the abandoned ballot separately. (2) The county board of election commissioners shall not count the ballot.

(1) If a paper ballot is left in the polling site outside of the ballot box after the voter has departed, a poll worker shall: (A) Write "Abandoned" on the face of the paper ballot; (B) Place the paper ballot into an envelope marked "Abandoned Ballot"; (C) Note in writing on the outside of the envelope the circumstances surrounding the abandoned ballot; and (D) Preserve the abandoned ballot separately.

(A) Write "Abandoned" on the face of the paper ballot;

(B) Place the paper ballot into an envelope marked "Abandoned Ballot";

(C) Note in writing on the outside of the envelope the circumstances surrounding the abandoned ballot; and

(D) Preserve the abandoned ballot separately.

(2) The county board of election commissioners shall not count the ballot.

(h) (1) If an electronic vote tabulating device at the polling site has rejected a ballot that remains in the receiving part of the device, two (2) poll workers shall override warnings on the device and complete the process of casting the ballot only if: (A) The voter has departed the polling site; and (B) The voter did not indicate that he or she chose to cancel or replace the ballot. (2) The poll workers shall document: (A) The time; (B) The name of the voter; (C) The names of the poll workers completing the process of casting the ballot; and (D) All other circumstances surrounding the abandoned ballot.

(1) If an electronic vote tabulating device at the polling site has rejected a ballot that remains in the receiving part of the device, two (2) poll workers shall override warnings on the device and complete the process of casting the ballot only if: (A) The voter has departed the polling site; and (B) The voter did not indicate that he or she chose to cancel or replace the ballot.

(A) The voter has departed the polling site; and

(B) The voter did not indicate that he or she chose to cancel or replace the ballot.

(2) The poll workers shall document: (A) The time; (B) The name of the voter; (C) The names of the poll workers completing the process of casting the ballot; and (D) All other circumstances surrounding the abandoned ballot.

(A) The time;

(B) The name of the voter;

(C) The names of the poll workers completing the process of casting the ballot; and

(D) All other circumstances surrounding the abandoned ballot.

Amended by Act 2019, No. 664,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 534,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 109,§ 3, eff. 7/24/2019.

Amended by Act 2017, No. 908,§ 1, eff. 8/1/2017.

Amended by Act 2013, No. 1461,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 1424,§ 1, eff. 8/16/2013.

Acts 1969, No. 465, Art. 7, § 11; A.S.A. 1947, § 3-711; Acts 1997, No. 451, § 21; 2005, No. 880, § 2; 2007, No. 224, § 5; 2007, No. 834, § 1; 2009, No. 959, § 13; 2011, No. 1033, § 1.
Ark. Code Ann. § 7-1-101 — AR Code / Title 7 / Chapter 1 / Section 7-1-101
Definitions
Status: in_force

As used in this title, unless the context or chapter otherwise requires: (1) "Administrator" means the administrative head of a long-term care or residential care facility licensed by the state who is authorized in writing by a patient of the long-term care or residential care facility to deliver the application for an absentee ballot and to obtain or deliver the absentee ballot to the county clerk; (2) "Affidavit of eligibility" means an affidavit signed by a candidate for elective office stating that the candidate is eligible to serve in the office he or she seeks; (3) "Audit log" means an electronically stored record of events and ballot images from which election officials may produce a permanent paper record with a manual audit capacity for a voting system using voting machines; (4) "Authorized agent" means a person who is identified and authorized to deliver the application, obtain a ballot, and deliver the ballot on the day of the election to the county clerk for an applicant who is medically unable to cast a ballot at a polling site due to an unforeseen medical necessity as set forth in an affidavit from the administrator of a hospital or long-term care or residential care facility; (5) "Canvassing" means examining and counting the returns of votes cast at a public election to determine authenticity; (6) "Certificate of choice" means a certificate, signed by an executive officer of a political group that submits a petition to place its candidates for President and Vice-President on the ballot, designating the names of its candidates to appear on the ballot; (7) "Constitutional officers of this state" means the offices of the Governor, Lieutenant Governor, Secretary of State, Attorney General, Auditor of State, Treasurer of State, and Commissioner of State Lands; (8) "Counting location" means a location selected by the county board of election commissioners with respect to all elections for the automatic processing or counting, or both, of votes; (9) "Designated bearer" means any person who is identified and authorized by the applicant to obtain from the county clerk or to deliver to the county clerk the applicant's ballot; (10) (A) "Drop box" means: (i) A receptacle, box, or other physical structure used to receive absentee ballots; and (ii) That is available for public use. (B) "Drop box" does not include a receptacle, box, or other physical structure that is provided by or used by a mail carrier authorized to receive or deliver absentee ballots under law; (11) (A) "Election media" means any device used in an election definition or to record votes cast with a direct record electronic machine or voting machine. (B) "Election media" includes without limitation: (i) Memory stick devices; and (ii) Personal computer cards; (12) "Election official" or "election officer" means a person who is a member of the county board of election commissioners, a person who performs election coordinator duties, a person who is a poll worker designated by a county board of election commissioners to be an election clerk, election judge, or election sheriff, or a deputy county clerk or a person assigned by a county clerk to conduct early voting; (13) "Electronic poll book" means hardware or software or a combination of hardware and software that allows election officials to view voter registration records and voting information during an election at an early voting location or at a polling site on election day; (14) "Electronic vote tabulating device" means a device used to electronically scan a marked paper ballot for the purpose of tabulation; (15) "Fail-safe voting" means the mechanism established under the National Voter Registration Act of 1993, 52 U.S.C. § 20501 et seq., that allows a voter who has moved within the same county to vote at his or her new precinct without having updated his or her voter registration records; (16) "First-time voter" means any registered voter who has not previously voted in a federal election in the state; (17) "General or special election" means the regular biennial or annual election for election of United States, state, district, county, township, and municipal officials and the special elections to fill vacancies therein and special elections to approve any measure. The term as used in this act shall not apply to school elections for officials of school districts; (18) "Infamous crimes" for the purposes of Arkansas Constitution, Article 5, § 9, includes: (A) A felony offense; (B) A misdemeanor theft of property offense; (C) Abuse of office, § 5-52-107 ; (D) Tampering, § 5-53-110 ; or (E) A misdemeanor offense in which the finder of fact was required to find, or the defendant to admit, an act of deceit, fraud, or false statement; (19) "Majority party" means that political party in the State of Arkansas whose candidates were elected to a majority of the constitutional offices of this state in the last preceding general election; (20) "Marking device" means any approved device operated by a voter to record the voter's choices through marking or creating a paper ballot with ink or other substance that will enable the votes to be tabulated by means of an electronic vote tabulating device; (21) "Member of the merchant marine" means: (A) An individual employed as an officer or crew member of: (i) A vessel documented under the laws of the United States; (ii) A vessel owned by the United States; or (iii) A vessel of foreign-flag registry under charter or control of the United States; (B) An individual enrolled with the United States for employment or training for employment or maintained by the United States for emergency relief service as an officer or crew member of any such vessel; or (C) As defined in the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq., if different from the definition stated in this subdivision (21); (22) "Minority party" means that political party whose candidates were elected to less than a majority of the constitutional offices of this state in the last preceding general election or the political party that polled the second greatest number of votes for the office of Governor in the last preceding general election if all of the elected constitutional officers of this state are from a single political party; (23) (A) "Nonpartisan candidate" means a candidate for the office of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, or prosecuting attorney. (B) "Nonpartisan candidate" does not include a candidate for nonpartisan municipal office; (24) (A) "Nonpartisan election" means a general, special, or runoff election for the office of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, or prosecuting attorney. (B) "Nonpartisan election" does not include a general, special, or runoff election for a nonpartisan municipal office; (25) (A) "Nonpartisan office" means the office of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, or prosecuting attorney. (B) "Nonpartisan office" does not include a nonpartisan municipal office; (26) "Party certificate" means a written statement or receipt signed by the secretary or chair of the county committee or of the state committee, as the case may be, of the political party evidencing the name and title proposed to be used by the candidate on the ballot, the position the candidate seeks, payment of the fees, and filing of the party pledge, if any, required by the political party; (27) "Party filing period" means the period of time established by law for the candidate for a political party's nomination to file his or her party certificate with the Secretary of State or county clerk, as the case may be; (28) (A) "Political party" means any group of voters that at the last preceding general election polled for its candidate for Governor in the state or nominees for presidential electors at least three percent (3%) of the entire vote cast for the office. (B) A group of electors shall not assume a name or designation that is so similar in the opinion of the Secretary of State to that of an existing political party as to confuse or mislead the voters at an election. (C) When any political party fails to obtain three percent (3%) of the total votes cast at an election for the office of Governor or nominees for presidential electors, it shall cease to be a political party; (29) "Polling site" means a location selected by the county board of election commissioners where votes are cast; (30) "Precinct" means a geographical area, the boundaries of which are determined by a county board of election commissioners in order to facilitate voting by the registered voters from that geographical area; (31) "Primary election" means any election held by a political party in the manner provided by law for the purpose of selecting nominees of the political party for certification as candidates for election at any general or special election in this state; (32) (A) "Printed campaign materials" means: (i) Literature mailed to an elector that is intended to or calculated to influence the vote of an elector in an election in this state, including without limitation signs, banners, flyers, and pamphlets; and (ii) Yard signs and push cards intended to or calculated to influence the vote of an elector in an election in this state. (B) "Printed campaign materials" does not mean political paraphernalia, including without limitation stickers, buttons, pens, T-shirts, nail files, or other similar trinkets; (33) "Provisional ballot" means a ballot: (A) Cast by special procedures to record a vote when there is some question concerning a voter's eligibility; and (B) Counted contingent upon the verification of the voter's eligibility; (34) "Qualified elector" means a person who holds the qualifications of an elector and who is registered pursuant to Arkansas Constitution, Amendment 51; (35) "Sample ballot" means a ballot for distribution to the public or the press marked with the word "SAMPLE" so as to prevent the production of counterfeit ballots; (36) "Uniformed services" means the United States Army, United States Navy, United States Air Force, United States Marine Corps, United States Coast Guard, the United States Commissioned Corps of the Public Health Service, and the National Oceanic and Atmospheric Administration Commissioned Officer Corps, or as defined in the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq., if different from the definition stated in this subdivision (36); (37) "Vacancy in election" means the vacancy in an elective office created by death, resignation, or other good and legal cause arising prior to election to the office at a general or special election but arising subsequent to the certification of the ballot; (38) "Vacancy in nomination" means the circumstances in which: (A) The person who received the majority of votes at the preferential primary election or general primary election cannot accept the nomination due to death or notifies the party that he or she will not accept the nomination due to serious illness, moving out of the area from which the person was elected as the party's nominee, or filing for another office preceding the final date for certification of nominations; or (B) There is a tie vote for the same office at a general primary election; (39) (A) "Vacancy in office" means the vacancy in an elective office created by death, resignation, or other good and legal cause arising subsequent to election to the office at a general or special election or arising subsequent to taking office and before the expiration of the term of office in those circumstances wherein the vacancy must be filled by a special election rather than by appointment. (B) "Vacancy in office" does not apply to the election of a person at a general election to fill an unexpired portion of a term of office; (40) (A) "Verification of voter registration" means: (i) Presenting a document or identification card when appearing to vote in person that: (a) Shows the name of the person to whom the document or identification card was issued; (b) Shows a photograph of the person to whom the document or identification card was issued; (c) Is issued by the United States, the State of Arkansas, or an accredited postsecondary educational institution in the State of Arkansas; and (d) If displaying an expiration date, is not expired or expired no more than four (4) years before the date of the election in which the voter seeks to vote; or (ii) Submitting with an absentee ballot verification of voter registration in the form of a copy of a document or identification card that complies with the requirements of subdivision (40)(A)(i) of this section. (B) A document or identification card may be presented in a digital format on an electronic device if the document or identification card: (i) Complies with the requirements of subdivision (40)(A) of this section; and (ii) The digital format has been approved or issued by the United States, the State of Arkansas, or an accredited postsecondary educational institution in the State of Arkansas. (C) Documents and identification cards that comply with the requirements of subdivision (40)(A) of this section include without limitation: (i) A driver's license; (ii) A photo identification card; (iii) A concealed handgun carry license; (iv) A United States passport; (v) An employee badge or identification document issued by an accredited postsecondary educational institution in the State of Arkansas; (vi) A United States Armed Forces identification document; (vii) A public assistance identification card if the card shows a photograph of the person to whom the document or identification card was issued; and (viii) A voter verification card under § 7-5-324 ; (41) "Vote center" means an election day location designated by the county board of election commissioners at which a qualified elector from any precinct in the county holding the election may vote; (42) "Voter-verified paper audit trail" means a contemporaneous paper record of a ballot printed for the voter to confirm his or her votes before the voter casts his or her ballot that: (A) Allows the voter to verify the voter-verified paper audit trail before the casting of the voter's ballot; (B) Is not retained by the voter; (C) Does not contain individual voter information; (D) Is produced on paper that is sturdy, clean, and resistant to degradation; and (E) Is readable in a manner that makes the voter's ballot choices obvious to the voter without the use of computer or electronic code; (43) "Voting machine" means either: (A) A direct-recording electronic voting machine that: (i) Records votes by means of a ballot display provided with mechanical or electro-optical components that may be actuated by the voter; (ii) Processes the data by means of a computer program; (iii) Records voting data and ballot images in internal and external memory components; and (iv) Produces a tabulation of the voting data stored in a removable memory component and on a printed copy; or (B) One (1) or more electronic devices that operate independently or as a combination of a ballot marking device and an electronic vote tabulating device; and (44) "Voting system" means: (A) The total combination of mechanical, electromechanical, or electronic equipment, including the software, firmware, and documentation required to program, control, and support the equipment that is used to: (i) Define ballots; (ii) Cast and count votes; (iii) Report or display election results; and (iv) Maintain and produce any audit trail information; and (B) The practices and documentation used to: (i) Identify system components and versions of components; (ii) Test the system during its development and maintenance; (iii) Maintain records of system errors and defects; (iv) Determine specific system changes to be made to a system after the initial qualification of the system; and (v) Make available any materials to the voter, including without limitation notices, instructions, forms, or paper ballots. Amended by Act 2023, No. 353,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 292,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 729,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 684,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 787,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 633,§ 4, eff. 8/1/2017. Amended by Act 2015, No. 1218,§ 3, eff. 7/22/2015. Amended by Act 2015, No. 1218,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 1218,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 1042,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1389,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 1297,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 1211,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 1126,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 1110,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 724,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 595,§ 1, eff. upon the later of the following: 1/1/2014, or the appropriation and availability of funding to the Secretary of State for the issuance of voter identification cards under Section 5 of this act. Acts 1969, No. 465, Art. 1, § 1; 1971, No. 261, § 1; 1977, No. 888, § 3; A.S.A. 1947, § 3-101; Acts 1987, No. 123, § 12; 1991, No. 241, § 1; 1995, No. 946, § 1; 1995, No. 963, § 1; 1997, No. 445, § 1; 1997, No. 1082, § 1; 1999, No. 1342, § 1; 2003, No. 994, § 1; 2003, No. 1731, § 1; 2005, No. 2233, § 2; 2007, No. 224, § 1; 2007, No. 1020, § 1; 2009, No. 250, § 1; 2009, No. 659, § 5; 2009, No. 959, § 2; 2009, No. 1480, § 14; 2011, No. 203, § 1.

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

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

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

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

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

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

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

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

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

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

(10) (A) "Drop box" means: (i) A receptacle, box, or other physical structure used to receive absentee ballots; and (ii) That is available for public use. (B) "Drop box" does not include a receptacle, box, or other physical structure that is provided by or used by a mail carrier authorized to receive or deliver absentee ballots under law;

(A) "Drop box" means: (i) A receptacle, box, or other physical structure used to receive absentee ballots; and (ii) That is available for public use.

(i) A receptacle, box, or other physical structure used to receive absentee ballots; and

(ii) That is available for public use.

(B) "Drop box" does not include a receptacle, box, or other physical structure that is provided by or used by a mail carrier authorized to receive or deliver absentee ballots under law;

(11) (A) "Election media" means any device used in an election definition or to record votes cast with a direct record electronic machine or voting machine. (B) "Election media" includes without limitation: (i) Memory stick devices; and (ii) Personal computer cards;

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

(B) "Election media" includes without limitation: (i) Memory stick devices; and (ii) Personal computer cards;

(i) Memory stick devices; and

(ii) Personal computer cards;

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

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

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

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

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

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

(18) "Infamous crimes" for the purposes of Arkansas Constitution, Article 5, § 9, includes: (A) A felony offense; (B) A misdemeanor theft of property offense; (C) Abuse of office, § 5-52-107 ; (D) Tampering, § 5-53-110 ; or (E) A misdemeanor offense in which the finder of fact was required to find, or the defendant to admit, an act of deceit, fraud, or false statement;

(A) A felony offense;

(B) A misdemeanor theft of property offense;

(C) Abuse of office, § 5-52-107 ;

(D) Tampering, § 5-53-110 ; or

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

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

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

(21) "Member of the merchant marine" means: (A) An individual employed as an officer or crew member of: (i) A vessel documented under the laws of the United States; (ii) A vessel owned by the United States; or (iii) A vessel of foreign-flag registry under charter or control of the United States; (B) An individual enrolled with the United States for employment or training for employment or maintained by the United States for emergency relief service as an officer or crew member of any such vessel; or (C) As defined in the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq., if different from the definition stated in this subdivision (21);

(A) An individual employed as an officer or crew member of: (i) A vessel documented under the laws of the United States; (ii) A vessel owned by the United States; or (iii) A vessel of foreign-flag registry under charter or control of the United States;

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

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

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

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

(C) As defined in the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq., if different from the definition stated in this subdivision (21);

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

(23) (A) "Nonpartisan candidate" means a candidate for the office of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, or prosecuting attorney. (B) "Nonpartisan candidate" does not include a candidate for nonpartisan municipal office;

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

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

(24) (A) "Nonpartisan election" means a general, special, or runoff election for the office of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, or prosecuting attorney. (B) "Nonpartisan election" does not include a general, special, or runoff election for a nonpartisan municipal office;

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

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

(25) (A) "Nonpartisan office" means the office of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, or prosecuting attorney. (B) "Nonpartisan office" does not include a nonpartisan municipal office;

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

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

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

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

(28) (A) "Political party" means any group of voters that at the last preceding general election polled for its candidate for Governor in the state or nominees for presidential electors at least three percent (3%) of the entire vote cast for the office. (B) A group of electors shall not assume a name or designation that is so similar in the opinion of the Secretary of State to that of an existing political party as to confuse or mislead the voters at an election. (C) When any political party fails to obtain three percent (3%) of the total votes cast at an election for the office of Governor or nominees for presidential electors, it shall cease to be a political party;

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

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

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

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

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

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

(32) (A) "Printed campaign materials" means: (i) Literature mailed to an elector that is intended to or calculated to influence the vote of an elector in an election in this state, including without limitation signs, banners, flyers, and pamphlets; and (ii) Yard signs and push cards intended to or calculated to influence the vote of an elector in an election in this state. (B) "Printed campaign materials" does not mean political paraphernalia, including without limitation stickers, buttons, pens, T-shirts, nail files, or other similar trinkets;

(A) "Printed campaign materials" means: (i) Literature mailed to an elector that is intended to or calculated to influence the vote of an elector in an election in this state, including without limitation signs, banners, flyers, and pamphlets; and (ii) Yard signs and push cards intended to or calculated to influence the vote of an elector in an election in this state.

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

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

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

(33) "Provisional ballot" means a ballot: (A) Cast by special procedures to record a vote when there is some question concerning a voter's eligibility; and (B) Counted contingent upon the verification of the voter's eligibility;

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

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

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

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

(36) "Uniformed services" means the United States Army, United States Navy, United States Air Force, United States Marine Corps, United States Coast Guard, the United States Commissioned Corps of the Public Health Service, and the National Oceanic and Atmospheric Administration Commissioned Officer Corps, or as defined in the federal Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq., if different from the definition stated in this subdivision (36);

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

(38) "Vacancy in nomination" means the circumstances in which: (A) The person who received the majority of votes at the preferential primary election or general primary election cannot accept the nomination due to death or notifies the party that he or she will not accept the nomination due to serious illness, moving out of the area from which the person was elected as the party's nominee, or filing for another office preceding the final date for certification of nominations; or (B) There is a tie vote for the same office at a general primary election;

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

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

(39) (A) "Vacancy in office" means the vacancy in an elective office created by death, resignation, or other good and legal cause arising subsequent to election to the office at a general or special election or arising subsequent to taking office and before the expiration of the term of office in those circumstances wherein the vacancy must be filled by a special election rather than by appointment. (B) "Vacancy in office" does not apply to the election of a person at a general election to fill an unexpired portion of a term of office;

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

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

(40) (A) "Verification of voter registration" means: (i) Presenting a document or identification card when appearing to vote in person that: (a) Shows the name of the person to whom the document or identification card was issued; (b) Shows a photograph of the person to whom the document or identification card was issued; (c) Is issued by the United States, the State of Arkansas, or an accredited postsecondary educational institution in the State of Arkansas; and (d) If displaying an expiration date, is not expired or expired no more than four (4) years before the date of the election in which the voter seeks to vote; or (ii) Submitting with an absentee ballot verification of voter registration in the form of a copy of a document or identification card that complies with the requirements of subdivision (40)(A)(i) of this section. (B) A document or identification card may be presented in a digital format on an electronic device if the document or identification card: (i) Complies with the requirements of subdivision (40)(A) of this section; and (ii) The digital format has been approved or issued by the United States, the State of Arkansas, or an accredited postsecondary educational institution in the State of Arkansas. (C) Documents and identification cards that comply with the requirements of subdivision (40)(A) of this section include without limitation: (i) A driver's license; (ii) A photo identification card; (iii) A concealed handgun carry license; (iv) A United States passport; (v) An employee badge or identification document issued by an accredited postsecondary educational institution in the State of Arkansas; (vi) A United States Armed Forces identification document; (vii) A public assistance identification card if the card shows a photograph of the person to whom the document or identification card was issued; and (viii) A voter verification card under § 7-5-324 ;

(A) "Verification of voter registration" means: (i) Presenting a document or identification card when appearing to vote in person that: (a) Shows the name of the person to whom the document or identification card was issued; (b) Shows a photograph of the person to whom the document or identification card was issued; (c) Is issued by the United States, the State of Arkansas, or an accredited postsecondary educational institution in the State of Arkansas; and (d) If displaying an expiration date, is not expired or expired no more than four (4) years before the date of the election in which the voter seeks to vote; or (ii) Submitting with an absentee ballot verification of voter registration in the form of a copy of a document or identification card that complies with the requirements of subdivision (40)(A)(i) of this section.

(i) Presenting a document or identification card when appearing to vote in person that: (a) Shows the name of the person to whom the document or identification card was issued; (b) Shows a photograph of the person to whom the document or identification card was issued; (c) Is issued by the United States, the State of Arkansas, or an accredited postsecondary educational institution in the State of Arkansas; and (d) If displaying an expiration date, is not expired or expired no more than four (4) years before the date of the election in which the voter seeks to vote; or

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

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

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

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

(ii) Submitting with an absentee ballot verification of voter registration in the form of a copy of a document or identification card that complies with the requirements of subdivision (40)(A)(i) of this section.

(B) A document or identification card may be presented in a digital format on an electronic device if the document or identification card: (i) Complies with the requirements of subdivision (40)(A) of this section; and (ii) The digital format has been approved or issued by the United States, the State of Arkansas, or an accredited postsecondary educational institution in the State of Arkansas.

(i) Complies with the requirements of subdivision (40)(A) of this section; and

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

(C) Documents and identification cards that comply with the requirements of subdivision (40)(A) of this section include without limitation: (i) A driver's license; (ii) A photo identification card; (iii) A concealed handgun carry license; (iv) A United States passport; (v) An employee badge or identification document issued by an accredited postsecondary educational institution in the State of Arkansas; (vi) A United States Armed Forces identification document; (vii) A public assistance identification card if the card shows a photograph of the person to whom the document or identification card was issued; and (viii) A voter verification card under § 7-5-324 ;

(i) A driver's license;

(ii) A photo identification card;

(iii) A concealed handgun carry license;

(iv) A United States passport;

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

(vi) A United States Armed Forces identification document;

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

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

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

(42) "Voter-verified paper audit trail" means a contemporaneous paper record of a ballot printed for the voter to confirm his or her votes before the voter casts his or her ballot that: (A) Allows the voter to verify the voter-verified paper audit trail before the casting of the voter's ballot; (B) Is not retained by the voter; (C) Does not contain individual voter information; (D) Is produced on paper that is sturdy, clean, and resistant to degradation; and (E) Is readable in a manner that makes the voter's ballot choices obvious to the voter without the use of computer or electronic code;

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

(B) Is not retained by the voter;

(C) Does not contain individual voter information;

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

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

(43) "Voting machine" means either: (A) A direct-recording electronic voting machine that: (i) Records votes by means of a ballot display provided with mechanical or electro-optical components that may be actuated by the voter; (ii) Processes the data by means of a computer program; (iii) Records voting data and ballot images in internal and external memory components; and (iv) Produces a tabulation of the voting data stored in a removable memory component and on a printed copy; or (B) One (1) or more electronic devices that operate independently or as a combination of a ballot marking device and an electronic vote tabulating device; and

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

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

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

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

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

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

(44) "Voting system" means: (A) The total combination of mechanical, electromechanical, or electronic equipment, including the software, firmware, and documentation required to program, control, and support the equipment that is used to: (i) Define ballots; (ii) Cast and count votes; (iii) Report or display election results; and (iv) Maintain and produce any audit trail information; and (B) The practices and documentation used to: (i) Identify system components and versions of components; (ii) Test the system during its development and maintenance; (iii) Maintain records of system errors and defects; (iv) Determine specific system changes to be made to a system after the initial qualification of the system; and (v) Make available any materials to the voter, including without limitation notices, instructions, forms, or paper ballots.

(A) The total combination of mechanical, electromechanical, or electronic equipment, including the software, firmware, and documentation required to program, control, and support the equipment that is used to: (i) Define ballots; (ii) Cast and count votes; (iii) Report or display election results; and (iv) Maintain and produce any audit trail information; and

(i) Define ballots;

(ii) Cast and count votes;

(iii) Report or display election results; and

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

(B) The practices and documentation used to: (i) Identify system components and versions of components; (ii) Test the system during its development and maintenance; (iii) Maintain records of system errors and defects; (iv) Determine specific system changes to be made to a system after the initial qualification of the system; and (v) Make available any materials to the voter, including without limitation notices, instructions, forms, or paper ballots.

(i) Identify system components and versions of components;

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

(iii) Maintain records of system errors and defects;

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

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

Amended by Act 2023, No. 353,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 292,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 729,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 684,§ 2, eff. 7/24/2019.

Amended by Act 2017, No. 787,§ 1, eff. 8/1/2017.

Amended by Act 2017, No. 633,§ 4, eff. 8/1/2017.

Amended by Act 2015, No. 1218,§ 3, eff. 7/22/2015.

Amended by Act 2015, No. 1218,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 1218,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 1042,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1389,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 1297,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 1211,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 1126,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 1110,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 724,§ 3, eff. 8/16/2013.

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

Acts 1969, No. 465, Art. 1, § 1; 1971, No. 261, § 1; 1977, No. 888, § 3; A.S.A. 1947, § 3-101; Acts 1987, No. 123, § 12; 1991, No. 241, § 1; 1995, No. 946, § 1; 1995, No. 963, § 1; 1997, No. 445, § 1; 1997, No. 1082, § 1; 1999, No. 1342, § 1; 2003, No. 994, § 1; 2003, No. 1731, § 1; 2005, No. 2233, § 2; 2007, No. 224, § 1; 2007, No. 1020, § 1; 2009, No. 250, § 1; 2009, No. 659, § 5; 2009, No. 959, § 2; 2009, No. 1480, § 14; 2011, No. 203, § 1.
Ark. Code Ann. § 7-5-509 — AR Code / Title 7 / Chapter 5 / Subchapter 5 / Section 7-5-509
Machines used for demonstration
Status: in_force

(a) (1) The county board of election commissioners may designate suitable times and places where voting machines shall be exhibited for the purpose of giving instructions in their use to all voters who apply for instruction. (2) Public notice of the times and places where voting machines will be exhibited shall be given at least forty-eight (48) hours before the first date of demonstration by publication one (1) time in one (1) or more daily or weekly newspapers published in the town, city, or county using the machines if a newspaper is published in the town, city, or county. (b) (1) The location of voting machines for demonstration shall be in accessible public buildings. (2) The voting machines used for demonstration shall display sample ballots showing the title of offices to be filled and, as far as practicable, the names of the candidates in the next election. (c) No voting machine that is to be assigned for use in any election shall be used for instruction after having been prepared and secured for the election. Machines shall not be used for demonstration purposes during the time that the polls are open on election day or if the demonstration shall in any way interfere with the proper adjustment, securing, or use of the machine in the election. Amended by Act 2015, No. 1218,§ 7, eff. 7/22/2015. Acts 1969, No. 465, Art. 12, § 11; A.S.A. 1947, § 3-1211; Acts 2005, No. 2233, § 16.

(a) (1) The county board of election commissioners may designate suitable times and places where voting machines shall be exhibited for the purpose of giving instructions in their use to all voters who apply for instruction. (2) Public notice of the times and places where voting machines will be exhibited shall be given at least forty-eight (48) hours before the first date of demonstration by publication one (1) time in one (1) or more daily or weekly newspapers published in the town, city, or county using the machines if a newspaper is published in the town, city, or county.

(1) The county board of election commissioners may designate suitable times and places where voting machines shall be exhibited for the purpose of giving instructions in their use to all voters who apply for instruction.

(2) Public notice of the times and places where voting machines will be exhibited shall be given at least forty-eight (48) hours before the first date of demonstration by publication one (1) time in one (1) or more daily or weekly newspapers published in the town, city, or county using the machines if a newspaper is published in the town, city, or county.

(b) (1) The location of voting machines for demonstration shall be in accessible public buildings. (2) The voting machines used for demonstration shall display sample ballots showing the title of offices to be filled and, as far as practicable, the names of the candidates in the next election.

(1) The location of voting machines for demonstration shall be in accessible public buildings.

(2) The voting machines used for demonstration shall display sample ballots showing the title of offices to be filled and, as far as practicable, the names of the candidates in the next election.

(c) No voting machine that is to be assigned for use in any election shall be used for instruction after having been prepared and secured for the election. Machines shall not be used for demonstration purposes during the time that the polls are open on election day or if the demonstration shall in any way interfere with the proper adjustment, securing, or use of the machine in the election.

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

Acts 1969, No. 465, Art. 12, § 11; A.S.A. 1947, § 3-1211; Acts 2005, No. 2233, § 16.
Ark. Code Ann. § 7-9-401 — AR Code / Title 7 / Chapter 9 / Subchapter 4 / Section 7-9-401
Title
Status: in_force

This subchapter shall be known as the "Disclosure Act for Public Initiatives, Referenda, and Measures Referred to Voters". Acts 1989, No. 261, § 1; 1989, No. 634, § 1; 1993, No. 1114, § 1.

This subchapter shall be known as the "Disclosure Act for Public Initiatives, Referenda, and Measures Referred to Voters".

Acts 1989, No. 261, § 1; 1989, No. 634, § 1; 1993, No. 1114, § 1.