Ark. Code Ann. § 7-7-104 — AR Code / Title 7 / Chapter 7 / Subchapter 1 / Section 7-7-104
Vacancy in nomination - Alternative methods for filling - Tie vote
Status: in_force

(a) Except as provided in subsection (b) of this section, nominees of a political party to fill a vacancy in nomination, as defined in § 7-1-101 , shall be declared by: (1) Certificate of the chair and secretary of any convention of delegates held following receipt of the Governor's letter certifying vacancy; or (2) (A) A special primary election called, held, and conducted in accordance with the rules of the party. (B) A special primary election may be called only if the special primary election can be called, held, conducted, and certified and certificates of nomination filed at least seventy (70) days before the general election. (b) (1) In case of a tie vote for the same office at a general primary election, a vacancy in nomination for that office shall exist. (2) (A) Nominees of a political party to fill a vacancy in nomination resulting from a tie vote for the same office at a general primary election shall be declared by certificate of the chair and secretary of an appropriate convention of delegates held following receipt of the Governor's letter certifying a vacancy. (B) A convention of delegates shall be conducted in accordance with the rules of the party. (c) (1) When a vacancy in nomination occurs as a result of death or when the person who received the majority of votes cast at the preferential primary election or the general primary election notifies the state committee of the political party of his or her intent to refuse nomination due to serious illness, moving out of the area from which elected as the party's nominee, or filing for another office, the state committee of the political party shall notify the Governor within ten (10) calendar days after the date of death or the date the party was notified of intent to refuse nomination as to whether the party chooses to fill the vacancy in nomination at a special election or a convention. (2) If the party fails to notify the Governor within the ten-calendar-day period, the vacancy in nomination shall not be filled nor shall the vacancy in nomination be filled if it occurred for any reason other than death, serious illness, the candidate's moving out of the area from which elected as the party's nominee, or filing for another office. (d) (1) If the party notifies the Governor within the time prescribed in subsection (c) of this section of the desire to have a special primary election, the Governor shall issue a proclamation within five (5) days calling the special election and establishing the deadline for filing as a candidate for nomination, drawing for ballot position, and issuing and filing certificates of nomination. The special primary election shall occur no earlier than thirty (30) days nor later than sixty (60) days after the filing deadline. The candidate who receives the most votes in the special primary election shall be declared the nominee. There shall be no runoff election. In the event of a tie for the most votes, the nominee shall be determined by lot in a public meeting of the appropriate party committee. (2) When the certificate of nomination is filed for a nominee who is filling a vacancy in nomination, the filing authority shall immediately certify the name of the nominee to the appropriate county board of election commissioners. (e) If the party notifies the Governor that it desires to fill the vacancy in nomination by convention, the convention shall occur and be conducted in accordance with respective political party rules after the notice is provided to the Governor. (f) (1) If the party's nominee is not selected in time to file his or her certificate of nomination with the appropriate party authority at least seventy-six (76) days before the general election, the nominee's name shall not appear on the general election ballot but the name of the person who vacated the nomination shall appear on the ballot, and votes cast for the name of the person appearing on the ballot shall be counted for the nominee but only if the certificate of nomination is duly filed at least forty-seven (47) days before the general election. (2) (A) If votes for a nominee whose name does not appear on the ballot are to be counted under subdivision (f)(1) of this section, the county board of election commissioners shall post a notice at each affected polling place stating each election in which a vote for the person appearing on the ballot shall be counted for the nominee. (B) A copy of the notice shall be included with the instructions sent to absentee voters. Amended by Act 2019, No. 648,§ 5, eff. 7/24/2019. Acts 1969, No. 465, Art. 1, §§ 5, 10; 1971, No. 261, §§ 3, 4; 1972 (Ex. Sess.), No. 42, § 1; 1975, No. 700, § 1; A.S.A. 1947, §§ 3-105, 3-110; Acts 1997, No. 1082, § 3; 2005, No. 2145, § 12; 2007, No. 1049, § 22; 2011, No. 203, § 2; 2011, No. 1185, § 8.

(a) Except as provided in subsection (b) of this section, nominees of a political party to fill a vacancy in nomination, as defined in § 7-1-101 , shall be declared by: (1) Certificate of the chair and secretary of any convention of delegates held following receipt of the Governor's letter certifying vacancy; or (2) (A) A special primary election called, held, and conducted in accordance with the rules of the party. (B) A special primary election may be called only if the special primary election can be called, held, conducted, and certified and certificates of nomination filed at least seventy (70) days before the general election.

(1) Certificate of the chair and secretary of any convention of delegates held following receipt of the Governor's letter certifying vacancy; or

(2) (A) A special primary election called, held, and conducted in accordance with the rules of the party. (B) A special primary election may be called only if the special primary election can be called, held, conducted, and certified and certificates of nomination filed at least seventy (70) days before the general election.

(A) A special primary election called, held, and conducted in accordance with the rules of the party.

(B) A special primary election may be called only if the special primary election can be called, held, conducted, and certified and certificates of nomination filed at least seventy (70) days before the general election.

(b) (1) In case of a tie vote for the same office at a general primary election, a vacancy in nomination for that office shall exist. (2) (A) Nominees of a political party to fill a vacancy in nomination resulting from a tie vote for the same office at a general primary election shall be declared by certificate of the chair and secretary of an appropriate convention of delegates held following receipt of the Governor's letter certifying a vacancy. (B) A convention of delegates shall be conducted in accordance with the rules of the party.

(1) In case of a tie vote for the same office at a general primary election, a vacancy in nomination for that office shall exist.

(2) (A) Nominees of a political party to fill a vacancy in nomination resulting from a tie vote for the same office at a general primary election shall be declared by certificate of the chair and secretary of an appropriate convention of delegates held following receipt of the Governor's letter certifying a vacancy. (B) A convention of delegates shall be conducted in accordance with the rules of the party.

(A) Nominees of a political party to fill a vacancy in nomination resulting from a tie vote for the same office at a general primary election shall be declared by certificate of the chair and secretary of an appropriate convention of delegates held following receipt of the Governor's letter certifying a vacancy.

(B) A convention of delegates shall be conducted in accordance with the rules of the party.

(c) (1) When a vacancy in nomination occurs as a result of death or when the person who received the majority of votes cast at the preferential primary election or the general primary election notifies the state committee of the political party of his or her intent to refuse nomination due to serious illness, moving out of the area from which elected as the party's nominee, or filing for another office, the state committee of the political party shall notify the Governor within ten (10) calendar days after the date of death or the date the party was notified of intent to refuse nomination as to whether the party chooses to fill the vacancy in nomination at a special election or a convention. (2) If the party fails to notify the Governor within the ten-calendar-day period, the vacancy in nomination shall not be filled nor shall the vacancy in nomination be filled if it occurred for any reason other than death, serious illness, the candidate's moving out of the area from which elected as the party's nominee, or filing for another office.

(1) When a vacancy in nomination occurs as a result of death or when the person who received the majority of votes cast at the preferential primary election or the general primary election notifies the state committee of the political party of his or her intent to refuse nomination due to serious illness, moving out of the area from which elected as the party's nominee, or filing for another office, the state committee of the political party shall notify the Governor within ten (10) calendar days after the date of death or the date the party was notified of intent to refuse nomination as to whether the party chooses to fill the vacancy in nomination at a special election or a convention.

(2) If the party fails to notify the Governor within the ten-calendar-day period, the vacancy in nomination shall not be filled nor shall the vacancy in nomination be filled if it occurred for any reason other than death, serious illness, the candidate's moving out of the area from which elected as the party's nominee, or filing for another office.

(d) (1) If the party notifies the Governor within the time prescribed in subsection (c) of this section of the desire to have a special primary election, the Governor shall issue a proclamation within five (5) days calling the special election and establishing the deadline for filing as a candidate for nomination, drawing for ballot position, and issuing and filing certificates of nomination. The special primary election shall occur no earlier than thirty (30) days nor later than sixty (60) days after the filing deadline. The candidate who receives the most votes in the special primary election shall be declared the nominee. There shall be no runoff election. In the event of a tie for the most votes, the nominee shall be determined by lot in a public meeting of the appropriate party committee. (2) When the certificate of nomination is filed for a nominee who is filling a vacancy in nomination, the filing authority shall immediately certify the name of the nominee to the appropriate county board of election commissioners.

(1) If the party notifies the Governor within the time prescribed in subsection (c) of this section of the desire to have a special primary election, the Governor shall issue a proclamation within five (5) days calling the special election and establishing the deadline for filing as a candidate for nomination, drawing for ballot position, and issuing and filing certificates of nomination. The special primary election shall occur no earlier than thirty (30) days nor later than sixty (60) days after the filing deadline. The candidate who receives the most votes in the special primary election shall be declared the nominee. There shall be no runoff election. In the event of a tie for the most votes, the nominee shall be determined by lot in a public meeting of the appropriate party committee.

(2) When the certificate of nomination is filed for a nominee who is filling a vacancy in nomination, the filing authority shall immediately certify the name of the nominee to the appropriate county board of election commissioners.

(e) If the party notifies the Governor that it desires to fill the vacancy in nomination by convention, the convention shall occur and be conducted in accordance with respective political party rules after the notice is provided to the Governor.

(f) (1) If the party's nominee is not selected in time to file his or her certificate of nomination with the appropriate party authority at least seventy-six (76) days before the general election, the nominee's name shall not appear on the general election ballot but the name of the person who vacated the nomination shall appear on the ballot, and votes cast for the name of the person appearing on the ballot shall be counted for the nominee but only if the certificate of nomination is duly filed at least forty-seven (47) days before the general election. (2) (A) If votes for a nominee whose name does not appear on the ballot are to be counted under subdivision (f)(1) of this section, the county board of election commissioners shall post a notice at each affected polling place stating each election in which a vote for the person appearing on the ballot shall be counted for the nominee. (B) A copy of the notice shall be included with the instructions sent to absentee voters.

(1) If the party's nominee is not selected in time to file his or her certificate of nomination with the appropriate party authority at least seventy-six (76) days before the general election, the nominee's name shall not appear on the general election ballot but the name of the person who vacated the nomination shall appear on the ballot, and votes cast for the name of the person appearing on the ballot shall be counted for the nominee but only if the certificate of nomination is duly filed at least forty-seven (47) days before the general election.

(2) (A) If votes for a nominee whose name does not appear on the ballot are to be counted under subdivision (f)(1) of this section, the county board of election commissioners shall post a notice at each affected polling place stating each election in which a vote for the person appearing on the ballot shall be counted for the nominee. (B) A copy of the notice shall be included with the instructions sent to absentee voters.

(A) If votes for a nominee whose name does not appear on the ballot are to be counted under subdivision (f)(1) of this section, the county board of election commissioners shall post a notice at each affected polling place stating each election in which a vote for the person appearing on the ballot shall be counted for the nominee.

(B) A copy of the notice shall be included with the instructions sent to absentee voters.

Amended by Act 2019, No. 648,§ 5, eff. 7/24/2019.

Acts 1969, No. 465, Art. 1, §§ 5, 10; 1971, No. 261, §§ 3, 4; 1972 (Ex. Sess.), No. 42, § 1; 1975, No. 700, § 1; A.S.A. 1947, §§ 3-105, 3-110; Acts 1997, No. 1082, § 3; 2005, No. 2145, § 12; 2007, No. 1049, § 22; 2011, No. 203, § 2; 2011, No. 1185, § 8.
Ark. Code Ann. § 7-4-101 — AR Code / Title 7 / Chapter 4 / Subchapter 1 / Section 7-4-101
State Board of Election Commissioners - Members - Officers - Meetings
Status: in_force

(a) The State Board of Election Commissioners shall be composed of the following seven (7) persons, with at least one (1) from each congressional district: (1) The Secretary of State; (2) One (1) person designated by the chair of the state Democratic Party; (3) One (1) person designated by the chair of the state Republican Party; (4) One (1) person to be chosen by the President Pro Tempore of the Senate; (5) One (1) person to be chosen by the Speaker of the House of Representatives; and (6) Two (2) persons to be chosen by the Governor, one (1) of whom shall be a county clerk and one (1) of whom shall have served for at least three (3) years as a county election commissioner. (b) The Secretary of State shall serve as the Chair of the State Board of Election Commissioners and the Secretary of the State Board of Election Commissioners. (c) Except for the Secretary of State and the county clerk, no member of the State Board of Election Commissioners shall be an elected public official. (d) (1) The term on the State Board of Election Commissioners of the Secretary of State shall be concurrent with his or her term in office. (2) The county clerk shall hold the office of county clerk when appointed to the State Board of Election Commissioners and shall be removed as a member of the State Board of Election Commissioners if not in office. (3) (A) Members of the State Board of Election Commissioners appointed by the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall be appointed for terms of two (2) years and shall continue to serve until successors have been appointed and taken the official oath. (B) All other appointive members shall be appointed for terms of four (4) years and shall continue to serve until successors have been appointed and taken the official oath. (4) No appointive member shall be appointed to serve more than two (2) consecutive full terms. (5) (A) If a vacancy on the State Board of Election Commissioners occurs, a successor shall be appointed within thirty (30) days to serve the remainder of the unexpired term. (B) The appointment shall be made by the official holding the office responsible for appointing the predecessor. (e) (1) The State Board of Election Commissioners shall meet as needed upon call of the chair or upon written request to the chair of any four (4) members. (2) A majority of the membership of the State Board of Election Commissioners shall constitute a quorum for conducting business. (3) No sanctions shall be imposed without the affirmative vote of at least four (4) members of the State Board of Election Commissioners. (4) A meeting of the State Board of Election Commissioners may be chaired and conducted by: (A) The Chair of the State Board of Election Commissioners; or (B) (i) A person designated by the Chair of the State Board of Election Commissioners to act as chair for the meeting. (ii) If a person is designated by the Chair of the State Board of Election Commissioners under subdivision (e)(4)(B)(i) of this section: (a) The designated person's presence shall count for a quorum to conduct business; and (b) The designated person may vote in the meeting. (f) The State Board of Election Commissioners shall have the authority to: (1) Publish a candidate's election handbook, in conjunction with the office of the Secretary of State and the Arkansas Ethics Commission, which outlines in a readable and understandable format the legal obligations of a candidate and any other suggestions that might be helpful to a candidate in complying with state election law; (2) Conduct statewide training for election officers and county election commissioners; (3) Adopt all necessary rules regarding training referred to in subdivision (f)(2) of this section and develop procedures for monitoring attendance; (4) Monitor all election law-related legislation; (5) Formulate, adopt, and promulgate all necessary rules to assure even and consistent application of voter registration laws and fair and orderly election procedures; (6) (A) Appoint at least one (1) certified election monitor to a county upon a signed, written request under oath filed with the State Board of Election Commissioners and a determination by the State Board of Election Commissioners that appointing a monitor is necessary. (B) The State Board of Election Commissioners shall certify at least one (1) election monitor in each congressional district. (C) Certified election monitors shall serve as observers for the purpose of reporting to the State Board of Election Commissioners on the conduct of the election. (D) The State Board of Election Commissioners may allow for reasonable compensation for election monitors; (7) Assist the county board of election commissioners in the performance of administrative duties of the election process if the State Board of Election Commissioners determines that assistance is necessary and appropriate; (8) (A) Formulate, adopt, and promulgate all necessary rules to establish uniform and nondiscriminatory administrative complaint procedures consistent with the requirements of Title IV of the federal Help America Vote Act of 2002. (B) The cost of compliance with Title IV of the federal Help America Vote Act of 2002 shall be paid from the fund established to comply with the federal Help America Vote Act of 2002; (9) Investigate alleged violations, render findings, and impose disciplinary action according to § 7-4-120 for violations of election and voter registration laws, except as to § 7-1-103(a)(1) -(4), (6), and (7), and except for any matters relating to campaign finance and disclosure laws which the Arkansas Ethics Commission shall have the power and authority to enforce according to §§ 7-6-217 and 7-6-218 ; (10) Examine and approve in accordance with §§ 7-5-503 and 7-5-606 the types of voting machines and electronic vote tabulating devices used in any election; (11) Administer reimbursement of election expenses to counties in accordance with § 7-7-201(a) for primary elections, statewide special elections, and nonpartisan general elections; (12) [Repealed.]; (13) Conduct post-election audits under § 7-4-121 ; (14) Formulate, adopt, and promulgate rules to establish procedures for post-election audits conducted under § 7-4-121 ; (15) Consider an appeal filed to challenge a reduction in the number of polling sites in a county by a county board of election commissioners under § 7-5-101 ; (16) Formulate, adopt, and promulgate rules for governing the appeal of a county board of election commissioners' reduction in the number of polling sites in a county under § 7-5-101 ; (17) Develop a training program for poll watchers, including without limitation: (A) Develop training materials, including on-line training materials concerning the duties, rights, and responsibilities of poll watchers; and (B) Adopt and promulgate rules to establish procedures for training poll watchers; and (18) Conduct an election integrity review of election-related documents and records following each election cycle in the following odd-numbered year under § 7-4-124 . (g) The Attorney General shall provide legal assistance to the State Board of Election Commissioners in answering questions regarding election laws. (h) (1) The State Board of Election Commissioners may appoint a Director of the State Board of Election Commissioners, who may hire a staff. (2) The director shall serve at the pleasure of the State Board of Election Commissioners. (3) The State Board of Election Commissioners shall set the personnel policies in accordance with the Regular Salary Procedures and Restrictions Act, §§ 19-4-1601 and 21-5-101 , and the Uniform Classification and Compensation Act, § 21-5-201 et seq. Amended by Act 2023, No. 620,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 444,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 194,§ 1, eff. 3/6/2023. Amended by Act 2021, No. 1063,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 888,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 376,§ 2, eff. 3/8/2019. Amended by Act 2013, No. 1456,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 1110,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 977,§ 1, eff. 8/16/2013. Acts 1969, No. 465, Art. 5, §§ 2, 3; 1977, No. 783, § 1; A.S.A. 1947, §§ 3-502, 3-503; Acts 1993, No. 1092, § 1; 1995, No. 349, § 3; 1995, No. 352, § 3; 1995, No. 741, § 1; 1995, No. 929, § 1; 1995, No. 940, § 1; 1995, No. 1217, § 5; 1997, No. 647, § 1; 1999, No. 997, § 1; 2001, No. 1174, § 1; 2003, No. 994, § 14; 2003, No. 1161, § 1; 2005, No. 1827, § 1; 2007, No. 559, § 1; 2009, No. 250, § 2.

(a) The State Board of Election Commissioners shall be composed of the following seven (7) persons, with at least one (1) from each congressional district: (1) The Secretary of State; (2) One (1) person designated by the chair of the state Democratic Party; (3) One (1) person designated by the chair of the state Republican Party; (4) One (1) person to be chosen by the President Pro Tempore of the Senate; (5) One (1) person to be chosen by the Speaker of the House of Representatives; and (6) Two (2) persons to be chosen by the Governor, one (1) of whom shall be a county clerk and one (1) of whom shall have served for at least three (3) years as a county election commissioner.

(1) The Secretary of State;

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

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

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

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

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

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

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

(d) (1) The term on the State Board of Election Commissioners of the Secretary of State shall be concurrent with his or her term in office. (2) The county clerk shall hold the office of county clerk when appointed to the State Board of Election Commissioners and shall be removed as a member of the State Board of Election Commissioners if not in office. (3) (A) Members of the State Board of Election Commissioners appointed by the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall be appointed for terms of two (2) years and shall continue to serve until successors have been appointed and taken the official oath. (B) All other appointive members shall be appointed for terms of four (4) years and shall continue to serve until successors have been appointed and taken the official oath. (4) No appointive member shall be appointed to serve more than two (2) consecutive full terms. (5) (A) If a vacancy on the State Board of Election Commissioners occurs, a successor shall be appointed within thirty (30) days to serve the remainder of the unexpired term. (B) The appointment shall be made by the official holding the office responsible for appointing the predecessor.

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

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

(3) (A) Members of the State Board of Election Commissioners appointed by the President Pro Tempore of the Senate and the Speaker of the House of Representatives shall be appointed for terms of two (2) years and shall continue to serve until successors have been appointed and taken the official oath. (B) All other appointive members shall be appointed for terms of four (4) years and shall continue to serve until successors have been appointed and taken the official oath.

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

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

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

(5) (A) If a vacancy on the State Board of Election Commissioners occurs, a successor shall be appointed within thirty (30) days to serve the remainder of the unexpired term. (B) The appointment shall be made by the official holding the office responsible for appointing the predecessor.

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

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

(e) (1) The State Board of Election Commissioners shall meet as needed upon call of the chair or upon written request to the chair of any four (4) members. (2) A majority of the membership of the State Board of Election Commissioners shall constitute a quorum for conducting business. (3) No sanctions shall be imposed without the affirmative vote of at least four (4) members of the State Board of Election Commissioners. (4) A meeting of the State Board of Election Commissioners may be chaired and conducted by: (A) The Chair of the State Board of Election Commissioners; or (B) (i) A person designated by the Chair of the State Board of Election Commissioners to act as chair for the meeting. (ii) If a person is designated by the Chair of the State Board of Election Commissioners under subdivision (e)(4)(B)(i) of this section: (a) The designated person's presence shall count for a quorum to conduct business; and (b) The designated person may vote in the meeting.

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

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

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

(4) A meeting of the State Board of Election Commissioners may be chaired and conducted by: (A) The Chair of the State Board of Election Commissioners; or (B) (i) A person designated by the Chair of the State Board of Election Commissioners to act as chair for the meeting. (ii) If a person is designated by the Chair of the State Board of Election Commissioners under subdivision (e)(4)(B)(i) of this section: (a) The designated person's presence shall count for a quorum to conduct business; and (b) The designated person may vote in the meeting.

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

(B) (i) A person designated by the Chair of the State Board of Election Commissioners to act as chair for the meeting. (ii) If a person is designated by the Chair of the State Board of Election Commissioners under subdivision (e)(4)(B)(i) of this section: (a) The designated person's presence shall count for a quorum to conduct business; and (b) The designated person may vote in the meeting.

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

(ii) If a person is designated by the Chair of the State Board of Election Commissioners under subdivision (e)(4)(B)(i) of this section: (a) The designated person's presence shall count for a quorum to conduct business; and (b) The designated person may vote in the meeting.

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

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

(f) The State Board of Election Commissioners shall have the authority to: (1) Publish a candidate's election handbook, in conjunction with the office of the Secretary of State and the Arkansas Ethics Commission, which outlines in a readable and understandable format the legal obligations of a candidate and any other suggestions that might be helpful to a candidate in complying with state election law; (2) Conduct statewide training for election officers and county election commissioners; (3) Adopt all necessary rules regarding training referred to in subdivision (f)(2) of this section and develop procedures for monitoring attendance; (4) Monitor all election law-related legislation; (5) Formulate, adopt, and promulgate all necessary rules to assure even and consistent application of voter registration laws and fair and orderly election procedures; (6) (A) Appoint at least one (1) certified election monitor to a county upon a signed, written request under oath filed with the State Board of Election Commissioners and a determination by the State Board of Election Commissioners that appointing a monitor is necessary. (B) The State Board of Election Commissioners shall certify at least one (1) election monitor in each congressional district. (C) Certified election monitors shall serve as observers for the purpose of reporting to the State Board of Election Commissioners on the conduct of the election. (D) The State Board of Election Commissioners may allow for reasonable compensation for election monitors; (7) Assist the county board of election commissioners in the performance of administrative duties of the election process if the State Board of Election Commissioners determines that assistance is necessary and appropriate; (8) (A) Formulate, adopt, and promulgate all necessary rules to establish uniform and nondiscriminatory administrative complaint procedures consistent with the requirements of Title IV of the federal Help America Vote Act of 2002. (B) The cost of compliance with Title IV of the federal Help America Vote Act of 2002 shall be paid from the fund established to comply with the federal Help America Vote Act of 2002; (9) Investigate alleged violations, render findings, and impose disciplinary action according to § 7-4-120 for violations of election and voter registration laws, except as to § 7-1-103(a)(1) -(4), (6), and (7), and except for any matters relating to campaign finance and disclosure laws which the Arkansas Ethics Commission shall have the power and authority to enforce according to §§ 7-6-217 and 7-6-218 ; (10) Examine and approve in accordance with §§ 7-5-503 and 7-5-606 the types of voting machines and electronic vote tabulating devices used in any election; (11) Administer reimbursement of election expenses to counties in accordance with § 7-7-201(a) for primary elections, statewide special elections, and nonpartisan general elections; (12) [Repealed.]; (13) Conduct post-election audits under § 7-4-121 ; (14) Formulate, adopt, and promulgate rules to establish procedures for post-election audits conducted under § 7-4-121 ; (15) Consider an appeal filed to challenge a reduction in the number of polling sites in a county by a county board of election commissioners under § 7-5-101 ; (16) Formulate, adopt, and promulgate rules for governing the appeal of a county board of election commissioners' reduction in the number of polling sites in a county under § 7-5-101 ; (17) Develop a training program for poll watchers, including without limitation: (A) Develop training materials, including on-line training materials concerning the duties, rights, and responsibilities of poll watchers; and (B) Adopt and promulgate rules to establish procedures for training poll watchers; and (18) Conduct an election integrity review of election-related documents and records following each election cycle in the following odd-numbered year under § 7-4-124 .

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

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

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

(4) Monitor all election law-related legislation;

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

(6) (A) Appoint at least one (1) certified election monitor to a county upon a signed, written request under oath filed with the State Board of Election Commissioners and a determination by the State Board of Election Commissioners that appointing a monitor is necessary. (B) The State Board of Election Commissioners shall certify at least one (1) election monitor in each congressional district. (C) Certified election monitors shall serve as observers for the purpose of reporting to the State Board of Election Commissioners on the conduct of the election. (D) The State Board of Election Commissioners may allow for reasonable compensation for election monitors;

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

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

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

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

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

(8) (A) Formulate, adopt, and promulgate all necessary rules to establish uniform and nondiscriminatory administrative complaint procedures consistent with the requirements of Title IV of the federal Help America Vote Act of 2002. (B) The cost of compliance with Title IV of the federal Help America Vote Act of 2002 shall be paid from the fund established to comply with the federal Help America Vote Act of 2002;

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

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

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

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

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

(12) [Repealed.];

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

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

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

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

(17) Develop a training program for poll watchers, including without limitation: (A) Develop training materials, including on-line training materials concerning the duties, rights, and responsibilities of poll watchers; and (B) Adopt and promulgate rules to establish procedures for training poll watchers; and

(A) Develop training materials, including on-line training materials concerning the duties, rights, and responsibilities of poll watchers; and

(B) Adopt and promulgate rules to establish procedures for training poll watchers; and

(18) Conduct an election integrity review of election-related documents and records following each election cycle in the following odd-numbered year under § 7-4-124 .

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

(h) (1) The State Board of Election Commissioners may appoint a Director of the State Board of Election Commissioners, who may hire a staff. (2) The director shall serve at the pleasure of the State Board of Election Commissioners. (3) The State Board of Election Commissioners shall set the personnel policies in accordance with the Regular Salary Procedures and Restrictions Act, §§ 19-4-1601 and 21-5-101 , and the Uniform Classification and Compensation Act, § 21-5-201 et seq.

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

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

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

Amended by Act 2023, No. 620,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 444,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 194,§ 1, eff. 3/6/2023.

Amended by Act 2021, No. 1063,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 888,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 376,§ 2, eff. 3/8/2019.

Amended by Act 2013, No. 1456,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 1110,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 977,§ 1, eff. 8/16/2013.

Acts 1969, No. 465, Art. 5, §§ 2, 3; 1977, No. 783, § 1; A.S.A. 1947, §§ 3-502, 3-503; Acts 1993, No. 1092, § 1; 1995, No. 349, § 3; 1995, No. 352, § 3; 1995, No. 741, § 1; 1995, No. 929, § 1; 1995, No. 940, § 1; 1995, No. 1217, § 5; 1997, No. 647, § 1; 1999, No. 997, § 1; 2001, No. 1174, § 1; 2003, No. 994, § 14; 2003, No. 1161, § 1; 2005, No. 1827, § 1; 2007, No. 559, § 1; 2009, No. 250, § 2.
Ark. Code Ann. § 7-9-704 — AR Code / Title 7 / Chapter 9 / Subchapter 7 / Section 7-9-704
Delegate Advisory Group
Status: in_force

(a) Upon the ratification of a resolution calling for an Article V Convention, the General Assembly shall appoint a "Delegate Advisory Group" to recommend additional instructions to be given to delegates beyond those articulated in the resolution. (b) The Delegate Advisory Group shall consist of: (1) The President Pro Tempore of the Senate, who shall serve as chair of the group; (2) One (1) member of the Senate elected by a simple majority; (3) The Speaker of the House of Representatives; (4) Three (3) members of the House of Representatives elected by a simple majority; (5) The Secretary of State; and (6) One (1) citizen of the State of Arkansas, selected by the President Pro Tempore of the Senate and the Speaker of the House of Representatives from a list of recommendations made by the Convention of States Arkansas. (c) Upon request of a delegate, the Delegate Advisory Group shall: (1) Advise delegates if there is a reason to believe an action or attempt to take an action would violate the instructions or limits placed upon delegates; and (2) Render an advisory determination within twenty-four (24) hours of receiving such a request. (d) (1) The Delegate Advisory Group shall advise the Attorney General if there is reason to believe that a vote by the delegates has violated the instructions or exceeded the limits of the delegates' authority. (2) If the Attorney General declares the vote void and the credentials of the commissioner are revoked, the Attorney General shall determine if the actions of the delegate merit charges being filed against the offending delegate in accordance with the legal penalties prescribed in this subchapter. Added by Act 2023, No. 835,§ 1, eff. 8/1/2023.

(a) Upon the ratification of a resolution calling for an Article V Convention, the General Assembly shall appoint a "Delegate Advisory Group" to recommend additional instructions to be given to delegates beyond those articulated in the resolution.

(b) The Delegate Advisory Group shall consist of: (1) The President Pro Tempore of the Senate, who shall serve as chair of the group; (2) One (1) member of the Senate elected by a simple majority; (3) The Speaker of the House of Representatives; (4) Three (3) members of the House of Representatives elected by a simple majority; (5) The Secretary of State; and (6) One (1) citizen of the State of Arkansas, selected by the President Pro Tempore of the Senate and the Speaker of the House of Representatives from a list of recommendations made by the Convention of States Arkansas.

(1) The President Pro Tempore of the Senate, who shall serve as chair of the group;

(2) One (1) member of the Senate elected by a simple majority;

(3) The Speaker of the House of Representatives;

(4) Three (3) members of the House of Representatives elected by a simple majority;

(5) The Secretary of State; and

(6) One (1) citizen of the State of Arkansas, selected by the President Pro Tempore of the Senate and the Speaker of the House of Representatives from a list of recommendations made by the Convention of States Arkansas.

(c) Upon request of a delegate, the Delegate Advisory Group shall: (1) Advise delegates if there is a reason to believe an action or attempt to take an action would violate the instructions or limits placed upon delegates; and (2) Render an advisory determination within twenty-four (24) hours of receiving such a request.

(1) Advise delegates if there is a reason to believe an action or attempt to take an action would violate the instructions or limits placed upon delegates; and

(2) Render an advisory determination within twenty-four (24) hours of receiving such a request.

(d) (1) The Delegate Advisory Group shall advise the Attorney General if there is reason to believe that a vote by the delegates has violated the instructions or exceeded the limits of the delegates' authority. (2) If the Attorney General declares the vote void and the credentials of the commissioner are revoked, the Attorney General shall determine if the actions of the delegate merit charges being filed against the offending delegate in accordance with the legal penalties prescribed in this subchapter.

(1) The Delegate Advisory Group shall advise the Attorney General if there is reason to believe that a vote by the delegates has violated the instructions or exceeded the limits of the delegates' authority.

(2) If the Attorney General declares the vote void and the credentials of the commissioner are revoked, the Attorney General shall determine if the actions of the delegate merit charges being filed against the offending delegate in accordance with the legal penalties prescribed in this subchapter.

Added by Act 2023, No. 835,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 7-5-411 — AR Code / Title 7 / Chapter 5 / Subchapter 4 / Section 7-5-411
Methods of voting absentee
Status: in_force

(a) (1) Absentee voting may be accomplished in one (1) of the following methods and in no other manner: (A) (i) By delivery of the ballot by mail that must be received in the office of the county clerk of the county of residence of the voter not later than 7:30 p.m. on election day. (ii) (a) However, except as provided in subdivision (a)(1)(A)(ii) (b) of this section, by ballots of qualified electors outside the United States on election day that are signed, postmarked, and mailed by the voters no later than the day of the election and received by the county clerk no later than 5:00 p.m. ten (10) calendar days after the date of the election. (b) The absentee ballots of armed services personnel serving in active status shall be counted if received by the county clerk no later than 5:00 p.m. ten (10) calendar days after the date of the election and if the absentee ballots were executed no later than the date of the election. (iii) Each absentee ballot shall be mailed separately by the voter and shall not be included with any other absentee ballot in a bulk mailing, except that an administrator of a long-term care or residential care facility licensed by the State of Arkansas or hospital may mail the absentee ballots of the residents and patients by bulk mail. Absentee ballots in any bulk mailing not otherwise permitted in this subsection shall not be counted; (B) By delivery of the ballot to the physical office of the county clerk of the county of residence of the voter not later than 7:30 p.m. on election day by the authorized agent of the absentee voter who is medically unable to vote at the regular polling site, upon proper verification of the signature of the voter by the county clerk and validation of the identity of the authorized agent; (C) By delivery of the ballot to the physical office of the county clerk of the county of residence of the voter not later than the time the county clerk's office regularly closes on the Friday before election day by the registered voter, designated bearer, or administrator of the absentee voter, upon proper verification of the signature of the voter by the county clerk and validation of the identity of the registered voter, designated bearer, or administrator; or (D) The voter may deliver the ballot to the physical office of the county clerk of the county of his or her residence not later than the close of regular business hours on the Friday before the election. (2) (A) A county clerk, public employee, or election official shall not establish or use a drop box for the purpose of collecting absentee ballots. (B) No person shall deliver an absentee ballot through a drop box. (3) All absentee ballots not delivered by mail shall be hand-delivered inside the physical office of the county clerk under the requirements of this section and chapter. (b) Any person to whom an absentee ballot is delivered according to the precinct voter registration list but who elects to vote by early voting or to vote at his or her polling site on election day shall be permitted to cast a provisional ballot. Amended by Act 2023, No. 421,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 353,§ 2, eff. 8/1/2023. Amended by Act 2021, No. 973,§ 2, eff. 7/28/2021. Acts 1969, No. 465, Art. 9, § 10; 1970 (Ex. Sess.), No. 28, § 1; 1981, No. 685, § 2; 1983, No. 430, § 5; 1985, No. 567, § 4; 1985, No. 568, § 4; 1985, No. 612, § 2; 1985, No. 1024, § 1; A.S.A. 1947, § 3-910; Acts 1987, No. 843, § 4; 1989, No. 912, § 9; 1997, No. 1092, § 7; 1999, No. 491, § 1; 1999, No. 1538, § 4; 1999, No. 1586, § 1; 2001, No. 1257, § 1; 2001, No. 1767, § 1; 2003, No. 273, § 1; 2003, No. 1275, § 4; 2005, No. 2193, § 4; 2007, No. 543, § 5; 2007, No. 556, § 8; 2009, No. 250, §§ 11, 12.

(a) (1) Absentee voting may be accomplished in one (1) of the following methods and in no other manner: (A) (i) By delivery of the ballot by mail that must be received in the office of the county clerk of the county of residence of the voter not later than 7:30 p.m. on election day. (ii) (a) However, except as provided in subdivision (a)(1)(A)(ii) (b) of this section, by ballots of qualified electors outside the United States on election day that are signed, postmarked, and mailed by the voters no later than the day of the election and received by the county clerk no later than 5:00 p.m. ten (10) calendar days after the date of the election. (b) The absentee ballots of armed services personnel serving in active status shall be counted if received by the county clerk no later than 5:00 p.m. ten (10) calendar days after the date of the election and if the absentee ballots were executed no later than the date of the election. (iii) Each absentee ballot shall be mailed separately by the voter and shall not be included with any other absentee ballot in a bulk mailing, except that an administrator of a long-term care or residential care facility licensed by the State of Arkansas or hospital may mail the absentee ballots of the residents and patients by bulk mail. Absentee ballots in any bulk mailing not otherwise permitted in this subsection shall not be counted; (B) By delivery of the ballot to the physical office of the county clerk of the county of residence of the voter not later than 7:30 p.m. on election day by the authorized agent of the absentee voter who is medically unable to vote at the regular polling site, upon proper verification of the signature of the voter by the county clerk and validation of the identity of the authorized agent; (C) By delivery of the ballot to the physical office of the county clerk of the county of residence of the voter not later than the time the county clerk's office regularly closes on the Friday before election day by the registered voter, designated bearer, or administrator of the absentee voter, upon proper verification of the signature of the voter by the county clerk and validation of the identity of the registered voter, designated bearer, or administrator; or (D) The voter may deliver the ballot to the physical office of the county clerk of the county of his or her residence not later than the close of regular business hours on the Friday before the election. (2) (A) A county clerk, public employee, or election official shall not establish or use a drop box for the purpose of collecting absentee ballots. (B) No person shall deliver an absentee ballot through a drop box. (3) All absentee ballots not delivered by mail shall be hand-delivered inside the physical office of the county clerk under the requirements of this section and chapter.

(1) Absentee voting may be accomplished in one (1) of the following methods and in no other manner: (A) (i) By delivery of the ballot by mail that must be received in the office of the county clerk of the county of residence of the voter not later than 7:30 p.m. on election day. (ii) (a) However, except as provided in subdivision (a)(1)(A)(ii) (b) of this section, by ballots of qualified electors outside the United States on election day that are signed, postmarked, and mailed by the voters no later than the day of the election and received by the county clerk no later than 5:00 p.m. ten (10) calendar days after the date of the election. (b) The absentee ballots of armed services personnel serving in active status shall be counted if received by the county clerk no later than 5:00 p.m. ten (10) calendar days after the date of the election and if the absentee ballots were executed no later than the date of the election. (iii) Each absentee ballot shall be mailed separately by the voter and shall not be included with any other absentee ballot in a bulk mailing, except that an administrator of a long-term care or residential care facility licensed by the State of Arkansas or hospital may mail the absentee ballots of the residents and patients by bulk mail. Absentee ballots in any bulk mailing not otherwise permitted in this subsection shall not be counted; (B) By delivery of the ballot to the physical office of the county clerk of the county of residence of the voter not later than 7:30 p.m. on election day by the authorized agent of the absentee voter who is medically unable to vote at the regular polling site, upon proper verification of the signature of the voter by the county clerk and validation of the identity of the authorized agent; (C) By delivery of the ballot to the physical office of the county clerk of the county of residence of the voter not later than the time the county clerk's office regularly closes on the Friday before election day by the registered voter, designated bearer, or administrator of the absentee voter, upon proper verification of the signature of the voter by the county clerk and validation of the identity of the registered voter, designated bearer, or administrator; or (D) The voter may deliver the ballot to the physical office of the county clerk of the county of his or her residence not later than the close of regular business hours on the Friday before the election.

(A) (i) By delivery of the ballot by mail that must be received in the office of the county clerk of the county of residence of the voter not later than 7:30 p.m. on election day. (ii) (a) However, except as provided in subdivision (a)(1)(A)(ii) (b) of this section, by ballots of qualified electors outside the United States on election day that are signed, postmarked, and mailed by the voters no later than the day of the election and received by the county clerk no later than 5:00 p.m. ten (10) calendar days after the date of the election. (b) The absentee ballots of armed services personnel serving in active status shall be counted if received by the county clerk no later than 5:00 p.m. ten (10) calendar days after the date of the election and if the absentee ballots were executed no later than the date of the election. (iii) Each absentee ballot shall be mailed separately by the voter and shall not be included with any other absentee ballot in a bulk mailing, except that an administrator of a long-term care or residential care facility licensed by the State of Arkansas or hospital may mail the absentee ballots of the residents and patients by bulk mail. Absentee ballots in any bulk mailing not otherwise permitted in this subsection shall not be counted;

(i) By delivery of the ballot by mail that must be received in the office of the county clerk of the county of residence of the voter not later than 7:30 p.m. on election day.

(ii) (a) However, except as provided in subdivision (a)(1)(A)(ii) (b) of this section, by ballots of qualified electors outside the United States on election day that are signed, postmarked, and mailed by the voters no later than the day of the election and received by the county clerk no later than 5:00 p.m. ten (10) calendar days after the date of the election. (b) The absentee ballots of armed services personnel serving in active status shall be counted if received by the county clerk no later than 5:00 p.m. ten (10) calendar days after the date of the election and if the absentee ballots were executed no later than the date of the election.

(a) However, except as provided in subdivision (a)(1)(A)(ii) (b) of this section, by ballots of qualified electors outside the United States on election day that are signed, postmarked, and mailed by the voters no later than the day of the election and received by the county clerk no later than 5:00 p.m. ten (10) calendar days after the date of the election.

(b) The absentee ballots of armed services personnel serving in active status shall be counted if received by the county clerk no later than 5:00 p.m. ten (10) calendar days after the date of the election and if the absentee ballots were executed no later than the date of the election.

(iii) Each absentee ballot shall be mailed separately by the voter and shall not be included with any other absentee ballot in a bulk mailing, except that an administrator of a long-term care or residential care facility licensed by the State of Arkansas or hospital may mail the absentee ballots of the residents and patients by bulk mail. Absentee ballots in any bulk mailing not otherwise permitted in this subsection shall not be counted;

(B) By delivery of the ballot to the physical office of the county clerk of the county of residence of the voter not later than 7:30 p.m. on election day by the authorized agent of the absentee voter who is medically unable to vote at the regular polling site, upon proper verification of the signature of the voter by the county clerk and validation of the identity of the authorized agent;

(C) By delivery of the ballot to the physical office of the county clerk of the county of residence of the voter not later than the time the county clerk's office regularly closes on the Friday before election day by the registered voter, designated bearer, or administrator of the absentee voter, upon proper verification of the signature of the voter by the county clerk and validation of the identity of the registered voter, designated bearer, or administrator; or

(D) The voter may deliver the ballot to the physical office of the county clerk of the county of his or her residence not later than the close of regular business hours on the Friday before the election.

(2) (A) A county clerk, public employee, or election official shall not establish or use a drop box for the purpose of collecting absentee ballots. (B) No person shall deliver an absentee ballot through a drop box.

(A) A county clerk, public employee, or election official shall not establish or use a drop box for the purpose of collecting absentee ballots.

(B) No person shall deliver an absentee ballot through a drop box.

(3) All absentee ballots not delivered by mail shall be hand-delivered inside the physical office of the county clerk under the requirements of this section and chapter.

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

Amended by Act 2023, No. 421,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 353,§ 2, eff. 8/1/2023.

Amended by Act 2021, No. 973,§ 2, eff. 7/28/2021.

Acts 1969, No. 465, Art. 9, § 10; 1970 (Ex. Sess.), No. 28, § 1; 1981, No. 685, § 2; 1983, No. 430, § 5; 1985, No. 567, § 4; 1985, No. 568, § 4; 1985, No. 612, § 2; 1985, No. 1024, § 1; A.S.A. 1947, § 3-910; Acts 1987, No. 843, § 4; 1989, No. 912, § 9; 1997, No. 1092, § 7; 1999, No. 491, § 1; 1999, No. 1538, § 4; 1999, No. 1586, § 1; 2001, No. 1257, § 1; 2001, No. 1767, § 1; 2003, No. 273, § 1; 2003, No. 1275, § 4; 2005, No. 2193, § 4; 2007, No. 543, § 5; 2007, No. 556, § 8; 2009, No. 250, §§ 11, 12.
Ark. Code Ann. § 7-5-416 — AR Code / Title 7 / Chapter 5 / Subchapter 4 / Section 7-5-416
Counting of absentee ballots
Status: in_force

(a) (1) The election officials for absentee ballots shall meet in a place designated by the county board of election commissioners no earlier than the Tuesday before the election for the purpose of opening the outer envelope, processing, and canvassing of absentee ballot paper work of the outer envelope and no earlier than 8:30 a.m. on election day for the purpose of opening the inner absentee ballot envelope and counting the absentee ballots. (2) The county board of election commissioners shall: (A) Give public notice of the time and location of the opening, processing, canvassing, and counting of absentee ballots and early voting ballots as provided in § 7-5-202 ; and (B) Allow public access for the in-person viewing of the absentee canvassing process. (3) The county clerk shall provide the county board of election commissioners with a daily count of absentee applications received, to be reported weekly or upon request of the county board of election commissioners. (4) The county clerk shall provide the county board of election commissioners with a daily count of absentee ballots received, to be reported weekly or upon request of the county board of election commissioners. (5) The county clerk shall forward the following items to the election officials designated by the county board of election commissioners to open, process, canvass, and count absentee ballots: (A) The absentee ballot applications sorted alphabetically and by precinct; (B) The absentee ballots; and (C) A written report containing the following information: (i) The number of absentee ballot applications received by the county clerk; (ii) The number of absentee ballots sent by the county clerk; (iii) The number of absentee ballots returned to the county clerk; (iv) The number of absentee ballots rejected by the county clerk and the reason for the rejection; (v) The number of absentee ballots marked as received on the paper absentee ballot applications list; and (vi) If the number of absentee ballots returned to the county clerk and the number of absentee ballots marked as received on the paper absentee ballot lists are different and the reason for the difference is known, the reason for the difference. (6) The processing and counting of absentee ballots shall be open to the public, and candidates and authorized poll watchers may be present in person or by a representative designated in writing under § 7-5-312 during the opening, processing, canvassing, and counting of the absentee ballots as provided in this subchapter. (7) (A) Absentee and early votes shall be counted prior to the closing of the polls on election day as provided under this section. (B) (i) The county board of election commissioners shall report by precinct the initial count of early votes and absentee ballot votes to the Secretary of State as provided under § 7-5-701 as soon as practical after the polls close on election day. (ii) No election results of the precinct shall be printed, posted, or released until after the polls close on election day. (8) (A) After the outer envelope of an absentee ballot is opened, a county clerk and deputies of the county clerk shall not have access to: (i) The absentee ballots; (ii) Absentee ballot paperwork; or (iii) The inner envelope of an absentee ballot. (B) The county board of election commissioners may grant a county clerk or deputies of the county clerk access to the absentee ballot materials in subdivision (a)(8)(A) of this section if the access is granted by an affirmative vote of the county board of election commissioners for a specific purpose and for a designated election. (b) (1) The opening, processing, counting, and canvassing of absentee ballots shall be conducted as follows: (A) One (1) of the election officials shall open outer absentee ballot envelopes one by one and verify the contents; (B) If the required materials are properly placed in the outer absentee ballot envelope, the election official shall proceed to read aloud from the voter statement the name of the voter; (C) If the required materials are not properly placed in the outer absentee ballot envelope, a second election official shall open the inner absentee ballot envelope to verify the contents no earlier than 8:30 a.m. on election day; (D) If all required materials are present within one (1) or the other envelope, the election officials shall put the materials in the proper envelope while preserving the secrecy of the voter's ballot and shall proceed to read aloud from the voter statement the name of the voter and the voting precinct in which the voter claims to be a legal voter; (E) As each outer envelope is opened and the name of the voter is read, the election officials for the absentee box shall list the name and voting precinct of the voter; (F) (i) After the election official reads aloud from the statement, the election officials shall compare the name, address, date of birth, and signature of the voter's absentee application with the voter's statement and, for first-time voters who registered by mail, the first-time voter's identification document unless the voter previously provided identification at the time of mailing the voter registration application. (ii) If the county board of election commissioners determines that the absentee application and the voter's statement do not compare as to name, residential voting address, date of birth, and signature, the absentee ballot shall not be counted. (iii) If a first-time voter fails to provide the required identification with the absentee ballot or at the time of mailing the voter registration application, then the absentee application, absentee ballot envelope, and voter's statement shall be placed in an envelope marked "provisional" and the absentee ballot shall be considered a provisional ballot; (G) (i) The election officials shall compare the name and address of the bearer, agent, or administrator written on the absentee ballot return envelope with the information on the voter statement. If the information does not match, then the outer envelope, absentee application, secrecy envelope containing the ballot, and the voter's statement shall be placed in an envelope marked "provisional" and the absentee ballot shall be considered a provisional ballot. (ii) The election officials shall compare the name of the bearer written on the absentee ballot application with the information on the voter statement, and if the information does not compare, the ballot shall be a provisional ballot. (iii) An absentee ballot designated as a provisional ballot for the lack of a designation of, or name of, a designated bearer shall be counted only if the county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds; (H) If the absentee voter fails to return the voter statement, the vote shall not be counted; (I) Failure of the voter to submit the required absentee materials in the proper envelopes shall not be grounds for disqualifying the voter; (J) If the voter statement does not authorize a bearer, agent, or administrator to receive or return his or her absentee ballot and the ballot was received or returned by a bearer, agent, or administrator, the vote shall not be counted; (K) If no challenge is made by a qualified poll watcher, the election official shall remove the inner envelope, without opening the inner envelope containing the ballot, and place it in the ballot box without marking it in any way; (L) (i) After all of the outer envelopes have been opened, the election officials of the absentee box shall preserve all the statements of voters and the voters' identification documents and deliver them to the county clerk, who shall file and keep them for the same length of time after the election as is required for retention of other ballots. (ii) The voter statements shall be made available for public inspection and copying during regular business hours no earlier than 8:30 a.m. on the day following the actual delivery of the statement of the number of outstanding ballots and provisional ballots to the Secretary of State, and declaration of preliminary and unofficial results of the election under § 7-5-701(a)(3)(C) . (iii) The voters' identification documents shall not be subject to public inspection except as part of a judicial proceeding to contest the election; (M) When all of the inner envelopes containing the ballots have been placed in the ballot box, the ballot box shall be shaken thoroughly to mix the ballots; and (N) The ballot box shall be opened and the ballots canvassed and counted. (2) No election results shall be printed or released prior to the closing of the polls on election day. (c) If any person casting an absentee ballot dies before the polls open on election day, his or her ballot shall be accepted by the county clerk if the absentee ballot is: (1) Signed, dated, postmarked, and mailed before the date of death; (2) Signed, dated, and delivered to the county clerk by a designated bearer, authorized agent, or administrator before the date of death; or (3) The ballot of a member of the armed services or Arkansas National Guard in active duty or state active duty executed before the date of death. (d) It is the intent of this section to require the election officials for absentee ballots to meet and process, canvass, and count absentee ballots according to this section prior to the closing of the polls on election day. (e) (1) Absentee votes shall be cast on paper ballots. (2) (A) The ballots shall first be counted for write-in votes by the election officials. (B) Then, at the discretion of the county board of election commissioners, the ballots may be either hand counted or counted on an electronic vote tabulating device. (f) (1) Absentee ballots marked as "special runoff ballots" received from a qualified voter from one (1) of the categories in § 7-5-406(a) shall be opened for general primary elections and general runoff elections according to the procedures described in subsection (b) of this section. (2) However, in counting the special runoff ballot, one (1) of the election officials shall open the envelope containing the special runoff ballot and read the numbers indicated next to the names of the two (2) candidates in the general primary election or in the general runoff election. (3) The candidate with the highest ranking shall receive the vote. (4) A special runoff ballot received with the preferential primary absentee ballot shall be counted in the general primary election, and a special runoff ballot received with the general election absentee ballot shall be counted in the general runoff election. (5) The Secretary of State shall prepare instructions for opening, counting, and canvassing special runoff ballots and provide the instructions to each county board of election commissioners. Amended by Act 2023, No. 329,§ 3, eff. 8/1/2023. Amended by Act 2021, No. 736,§ 14, eff. 7/28/2021. Amended by Act 2021, No. 736,§ 13, eff. 7/28/2021. Amended by Act 2021, No. 736,§ 12, eff. 7/28/2021. Amended by Act 2021, No. 736,§ 11, eff. 7/28/2021. Amended by Act 2021, No. 736,§ 10, eff. 7/28/2021. Amended by Act 2021, No. 736,§ 9, eff. 7/28/2021. Amended by Act 2021, No. 736,§ 8, eff. 7/28/2021. Amended by Act 2019, No. 462,§ 9, eff. 7/24/2019. Amended by Act 2017, No. 790,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 790,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 790,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 1424,§ 10, eff. 8/16/2013. Amended by Act 2013, No. 1211,§ 4, eff. 8/16/2013. Amended by Act 2013, No. 1211,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 466,§ 1, eff. 8/16/2013. Acts 1969, No. 465, Art. 9, § 13; 1971, No. 261, § 21; A.S.A. 1947, § 3-913; Acts 1989, No. 505, § 1; 1993, No. 845, §§ 1-3; 1997, No. 1092, § 12; 1999, No. 1368, § 1; 2003, No. 647, §§ 3, 4; 2003, No. 994, § 12; 2003, No. 1154, § 3; 2003, No. 1744, § 1; 2005, No. 138, § 2; 2005, No. 751, § 2; 2005, No. 880, § 6; 2007, No. 261, § 2; 2007, No. 556, § 13; 2009, No. 250, § 14; 2009, No. 959, §§ 19, 20.

(a) (1) The election officials for absentee ballots shall meet in a place designated by the county board of election commissioners no earlier than the Tuesday before the election for the purpose of opening the outer envelope, processing, and canvassing of absentee ballot paper work of the outer envelope and no earlier than 8:30 a.m. on election day for the purpose of opening the inner absentee ballot envelope and counting the absentee ballots. (2) The county board of election commissioners shall: (A) Give public notice of the time and location of the opening, processing, canvassing, and counting of absentee ballots and early voting ballots as provided in § 7-5-202 ; and (B) Allow public access for the in-person viewing of the absentee canvassing process. (3) The county clerk shall provide the county board of election commissioners with a daily count of absentee applications received, to be reported weekly or upon request of the county board of election commissioners. (4) The county clerk shall provide the county board of election commissioners with a daily count of absentee ballots received, to be reported weekly or upon request of the county board of election commissioners. (5) The county clerk shall forward the following items to the election officials designated by the county board of election commissioners to open, process, canvass, and count absentee ballots: (A) The absentee ballot applications sorted alphabetically and by precinct; (B) The absentee ballots; and (C) A written report containing the following information: (i) The number of absentee ballot applications received by the county clerk; (ii) The number of absentee ballots sent by the county clerk; (iii) The number of absentee ballots returned to the county clerk; (iv) The number of absentee ballots rejected by the county clerk and the reason for the rejection; (v) The number of absentee ballots marked as received on the paper absentee ballot applications list; and (vi) If the number of absentee ballots returned to the county clerk and the number of absentee ballots marked as received on the paper absentee ballot lists are different and the reason for the difference is known, the reason for the difference. (6) The processing and counting of absentee ballots shall be open to the public, and candidates and authorized poll watchers may be present in person or by a representative designated in writing under § 7-5-312 during the opening, processing, canvassing, and counting of the absentee ballots as provided in this subchapter. (7) (A) Absentee and early votes shall be counted prior to the closing of the polls on election day as provided under this section. (B) (i) The county board of election commissioners shall report by precinct the initial count of early votes and absentee ballot votes to the Secretary of State as provided under § 7-5-701 as soon as practical after the polls close on election day. (ii) No election results of the precinct shall be printed, posted, or released until after the polls close on election day. (8) (A) After the outer envelope of an absentee ballot is opened, a county clerk and deputies of the county clerk shall not have access to: (i) The absentee ballots; (ii) Absentee ballot paperwork; or (iii) The inner envelope of an absentee ballot. (B) The county board of election commissioners may grant a county clerk or deputies of the county clerk access to the absentee ballot materials in subdivision (a)(8)(A) of this section if the access is granted by an affirmative vote of the county board of election commissioners for a specific purpose and for a designated election.

(1) The election officials for absentee ballots shall meet in a place designated by the county board of election commissioners no earlier than the Tuesday before the election for the purpose of opening the outer envelope, processing, and canvassing of absentee ballot paper work of the outer envelope and no earlier than 8:30 a.m. on election day for the purpose of opening the inner absentee ballot envelope and counting the absentee ballots.

(2) The county board of election commissioners shall: (A) Give public notice of the time and location of the opening, processing, canvassing, and counting of absentee ballots and early voting ballots as provided in § 7-5-202 ; and (B) Allow public access for the in-person viewing of the absentee canvassing process.

(A) Give public notice of the time and location of the opening, processing, canvassing, and counting of absentee ballots and early voting ballots as provided in § 7-5-202 ; and

(B) Allow public access for the in-person viewing of the absentee canvassing process.

(3) The county clerk shall provide the county board of election commissioners with a daily count of absentee applications received, to be reported weekly or upon request of the county board of election commissioners.

(4) The county clerk shall provide the county board of election commissioners with a daily count of absentee ballots received, to be reported weekly or upon request of the county board of election commissioners.

(5) The county clerk shall forward the following items to the election officials designated by the county board of election commissioners to open, process, canvass, and count absentee ballots: (A) The absentee ballot applications sorted alphabetically and by precinct; (B) The absentee ballots; and (C) A written report containing the following information: (i) The number of absentee ballot applications received by the county clerk; (ii) The number of absentee ballots sent by the county clerk; (iii) The number of absentee ballots returned to the county clerk; (iv) The number of absentee ballots rejected by the county clerk and the reason for the rejection; (v) The number of absentee ballots marked as received on the paper absentee ballot applications list; and (vi) If the number of absentee ballots returned to the county clerk and the number of absentee ballots marked as received on the paper absentee ballot lists are different and the reason for the difference is known, the reason for the difference.

(A) The absentee ballot applications sorted alphabetically and by precinct;

(B) The absentee ballots; and

(C) A written report containing the following information: (i) The number of absentee ballot applications received by the county clerk; (ii) The number of absentee ballots sent by the county clerk; (iii) The number of absentee ballots returned to the county clerk; (iv) The number of absentee ballots rejected by the county clerk and the reason for the rejection; (v) The number of absentee ballots marked as received on the paper absentee ballot applications list; and (vi) If the number of absentee ballots returned to the county clerk and the number of absentee ballots marked as received on the paper absentee ballot lists are different and the reason for the difference is known, the reason for the difference.

(i) The number of absentee ballot applications received by the county clerk;

(ii) The number of absentee ballots sent by the county clerk;

(iii) The number of absentee ballots returned to the county clerk;

(iv) The number of absentee ballots rejected by the county clerk and the reason for the rejection;

(v) The number of absentee ballots marked as received on the paper absentee ballot applications list; and

(vi) If the number of absentee ballots returned to the county clerk and the number of absentee ballots marked as received on the paper absentee ballot lists are different and the reason for the difference is known, the reason for the difference.

(6) The processing and counting of absentee ballots shall be open to the public, and candidates and authorized poll watchers may be present in person or by a representative designated in writing under § 7-5-312 during the opening, processing, canvassing, and counting of the absentee ballots as provided in this subchapter.

(7) (A) Absentee and early votes shall be counted prior to the closing of the polls on election day as provided under this section. (B) (i) The county board of election commissioners shall report by precinct the initial count of early votes and absentee ballot votes to the Secretary of State as provided under § 7-5-701 as soon as practical after the polls close on election day. (ii) No election results of the precinct shall be printed, posted, or released until after the polls close on election day.

(A) Absentee and early votes shall be counted prior to the closing of the polls on election day as provided under this section.

(B) (i) The county board of election commissioners shall report by precinct the initial count of early votes and absentee ballot votes to the Secretary of State as provided under § 7-5-701 as soon as practical after the polls close on election day. (ii) No election results of the precinct shall be printed, posted, or released until after the polls close on election day.

(i) The county board of election commissioners shall report by precinct the initial count of early votes and absentee ballot votes to the Secretary of State as provided under § 7-5-701 as soon as practical after the polls close on election day.

(ii) No election results of the precinct shall be printed, posted, or released until after the polls close on election day.

(8) (A) After the outer envelope of an absentee ballot is opened, a county clerk and deputies of the county clerk shall not have access to: (i) The absentee ballots; (ii) Absentee ballot paperwork; or (iii) The inner envelope of an absentee ballot. (B) The county board of election commissioners may grant a county clerk or deputies of the county clerk access to the absentee ballot materials in subdivision (a)(8)(A) of this section if the access is granted by an affirmative vote of the county board of election commissioners for a specific purpose and for a designated election.

(A) After the outer envelope of an absentee ballot is opened, a county clerk and deputies of the county clerk shall not have access to: (i) The absentee ballots; (ii) Absentee ballot paperwork; or (iii) The inner envelope of an absentee ballot.

(i) The absentee ballots;

(ii) Absentee ballot paperwork; or

(iii) The inner envelope of an absentee ballot.

(B) The county board of election commissioners may grant a county clerk or deputies of the county clerk access to the absentee ballot materials in subdivision (a)(8)(A) of this section if the access is granted by an affirmative vote of the county board of election commissioners for a specific purpose and for a designated election.

(b) (1) The opening, processing, counting, and canvassing of absentee ballots shall be conducted as follows: (A) One (1) of the election officials shall open outer absentee ballot envelopes one by one and verify the contents; (B) If the required materials are properly placed in the outer absentee ballot envelope, the election official shall proceed to read aloud from the voter statement the name of the voter; (C) If the required materials are not properly placed in the outer absentee ballot envelope, a second election official shall open the inner absentee ballot envelope to verify the contents no earlier than 8:30 a.m. on election day; (D) If all required materials are present within one (1) or the other envelope, the election officials shall put the materials in the proper envelope while preserving the secrecy of the voter's ballot and shall proceed to read aloud from the voter statement the name of the voter and the voting precinct in which the voter claims to be a legal voter; (E) As each outer envelope is opened and the name of the voter is read, the election officials for the absentee box shall list the name and voting precinct of the voter; (F) (i) After the election official reads aloud from the statement, the election officials shall compare the name, address, date of birth, and signature of the voter's absentee application with the voter's statement and, for first-time voters who registered by mail, the first-time voter's identification document unless the voter previously provided identification at the time of mailing the voter registration application. (ii) If the county board of election commissioners determines that the absentee application and the voter's statement do not compare as to name, residential voting address, date of birth, and signature, the absentee ballot shall not be counted. (iii) If a first-time voter fails to provide the required identification with the absentee ballot or at the time of mailing the voter registration application, then the absentee application, absentee ballot envelope, and voter's statement shall be placed in an envelope marked "provisional" and the absentee ballot shall be considered a provisional ballot; (G) (i) The election officials shall compare the name and address of the bearer, agent, or administrator written on the absentee ballot return envelope with the information on the voter statement. If the information does not match, then the outer envelope, absentee application, secrecy envelope containing the ballot, and the voter's statement shall be placed in an envelope marked "provisional" and the absentee ballot shall be considered a provisional ballot. (ii) The election officials shall compare the name of the bearer written on the absentee ballot application with the information on the voter statement, and if the information does not compare, the ballot shall be a provisional ballot. (iii) An absentee ballot designated as a provisional ballot for the lack of a designation of, or name of, a designated bearer shall be counted only if the county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds; (H) If the absentee voter fails to return the voter statement, the vote shall not be counted; (I) Failure of the voter to submit the required absentee materials in the proper envelopes shall not be grounds for disqualifying the voter; (J) If the voter statement does not authorize a bearer, agent, or administrator to receive or return his or her absentee ballot and the ballot was received or returned by a bearer, agent, or administrator, the vote shall not be counted; (K) If no challenge is made by a qualified poll watcher, the election official shall remove the inner envelope, without opening the inner envelope containing the ballot, and place it in the ballot box without marking it in any way; (L) (i) After all of the outer envelopes have been opened, the election officials of the absentee box shall preserve all the statements of voters and the voters' identification documents and deliver them to the county clerk, who shall file and keep them for the same length of time after the election as is required for retention of other ballots. (ii) The voter statements shall be made available for public inspection and copying during regular business hours no earlier than 8:30 a.m. on the day following the actual delivery of the statement of the number of outstanding ballots and provisional ballots to the Secretary of State, and declaration of preliminary and unofficial results of the election under § 7-5-701(a)(3)(C) . (iii) The voters' identification documents shall not be subject to public inspection except as part of a judicial proceeding to contest the election; (M) When all of the inner envelopes containing the ballots have been placed in the ballot box, the ballot box shall be shaken thoroughly to mix the ballots; and (N) The ballot box shall be opened and the ballots canvassed and counted. (2) No election results shall be printed or released prior to the closing of the polls on election day.

(1) The opening, processing, counting, and canvassing of absentee ballots shall be conducted as follows: (A) One (1) of the election officials shall open outer absentee ballot envelopes one by one and verify the contents; (B) If the required materials are properly placed in the outer absentee ballot envelope, the election official shall proceed to read aloud from the voter statement the name of the voter; (C) If the required materials are not properly placed in the outer absentee ballot envelope, a second election official shall open the inner absentee ballot envelope to verify the contents no earlier than 8:30 a.m. on election day; (D) If all required materials are present within one (1) or the other envelope, the election officials shall put the materials in the proper envelope while preserving the secrecy of the voter's ballot and shall proceed to read aloud from the voter statement the name of the voter and the voting precinct in which the voter claims to be a legal voter; (E) As each outer envelope is opened and the name of the voter is read, the election officials for the absentee box shall list the name and voting precinct of the voter; (F) (i) After the election official reads aloud from the statement, the election officials shall compare the name, address, date of birth, and signature of the voter's absentee application with the voter's statement and, for first-time voters who registered by mail, the first-time voter's identification document unless the voter previously provided identification at the time of mailing the voter registration application. (ii) If the county board of election commissioners determines that the absentee application and the voter's statement do not compare as to name, residential voting address, date of birth, and signature, the absentee ballot shall not be counted. (iii) If a first-time voter fails to provide the required identification with the absentee ballot or at the time of mailing the voter registration application, then the absentee application, absentee ballot envelope, and voter's statement shall be placed in an envelope marked "provisional" and the absentee ballot shall be considered a provisional ballot; (G) (i) The election officials shall compare the name and address of the bearer, agent, or administrator written on the absentee ballot return envelope with the information on the voter statement. If the information does not match, then the outer envelope, absentee application, secrecy envelope containing the ballot, and the voter's statement shall be placed in an envelope marked "provisional" and the absentee ballot shall be considered a provisional ballot. (ii) The election officials shall compare the name of the bearer written on the absentee ballot application with the information on the voter statement, and if the information does not compare, the ballot shall be a provisional ballot. (iii) An absentee ballot designated as a provisional ballot for the lack of a designation of, or name of, a designated bearer shall be counted only if the county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds; (H) If the absentee voter fails to return the voter statement, the vote shall not be counted; (I) Failure of the voter to submit the required absentee materials in the proper envelopes shall not be grounds for disqualifying the voter; (J) If the voter statement does not authorize a bearer, agent, or administrator to receive or return his or her absentee ballot and the ballot was received or returned by a bearer, agent, or administrator, the vote shall not be counted; (K) If no challenge is made by a qualified poll watcher, the election official shall remove the inner envelope, without opening the inner envelope containing the ballot, and place it in the ballot box without marking it in any way; (L) (i) After all of the outer envelopes have been opened, the election officials of the absentee box shall preserve all the statements of voters and the voters' identification documents and deliver them to the county clerk, who shall file and keep them for the same length of time after the election as is required for retention of other ballots. (ii) The voter statements shall be made available for public inspection and copying during regular business hours no earlier than 8:30 a.m. on the day following the actual delivery of the statement of the number of outstanding ballots and provisional ballots to the Secretary of State, and declaration of preliminary and unofficial results of the election under § 7-5-701(a)(3)(C) . (iii) The voters' identification documents shall not be subject to public inspection except as part of a judicial proceeding to contest the election; (M) When all of the inner envelopes containing the ballots have been placed in the ballot box, the ballot box shall be shaken thoroughly to mix the ballots; and (N) The ballot box shall be opened and the ballots canvassed and counted.

(A) One (1) of the election officials shall open outer absentee ballot envelopes one by one and verify the contents;

(B) If the required materials are properly placed in the outer absentee ballot envelope, the election official shall proceed to read aloud from the voter statement the name of the voter;

(C) If the required materials are not properly placed in the outer absentee ballot envelope, a second election official shall open the inner absentee ballot envelope to verify the contents no earlier than 8:30 a.m. on election day;

(D) If all required materials are present within one (1) or the other envelope, the election officials shall put the materials in the proper envelope while preserving the secrecy of the voter's ballot and shall proceed to read aloud from the voter statement the name of the voter and the voting precinct in which the voter claims to be a legal voter;

(E) As each outer envelope is opened and the name of the voter is read, the election officials for the absentee box shall list the name and voting precinct of the voter;

(F) (i) After the election official reads aloud from the statement, the election officials shall compare the name, address, date of birth, and signature of the voter's absentee application with the voter's statement and, for first-time voters who registered by mail, the first-time voter's identification document unless the voter previously provided identification at the time of mailing the voter registration application. (ii) If the county board of election commissioners determines that the absentee application and the voter's statement do not compare as to name, residential voting address, date of birth, and signature, the absentee ballot shall not be counted. (iii) If a first-time voter fails to provide the required identification with the absentee ballot or at the time of mailing the voter registration application, then the absentee application, absentee ballot envelope, and voter's statement shall be placed in an envelope marked "provisional" and the absentee ballot shall be considered a provisional ballot;

(i) After the election official reads aloud from the statement, the election officials shall compare the name, address, date of birth, and signature of the voter's absentee application with the voter's statement and, for first-time voters who registered by mail, the first-time voter's identification document unless the voter previously provided identification at the time of mailing the voter registration application.

(ii) If the county board of election commissioners determines that the absentee application and the voter's statement do not compare as to name, residential voting address, date of birth, and signature, the absentee ballot shall not be counted.

(iii) If a first-time voter fails to provide the required identification with the absentee ballot or at the time of mailing the voter registration application, then the absentee application, absentee ballot envelope, and voter's statement shall be placed in an envelope marked "provisional" and the absentee ballot shall be considered a provisional ballot;

(G) (i) The election officials shall compare the name and address of the bearer, agent, or administrator written on the absentee ballot return envelope with the information on the voter statement. If the information does not match, then the outer envelope, absentee application, secrecy envelope containing the ballot, and the voter's statement shall be placed in an envelope marked "provisional" and the absentee ballot shall be considered a provisional ballot. (ii) The election officials shall compare the name of the bearer written on the absentee ballot application with the information on the voter statement, and if the information does not compare, the ballot shall be a provisional ballot. (iii) An absentee ballot designated as a provisional ballot for the lack of a designation of, or name of, a designated bearer shall be counted only if the county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds;

(i) The election officials shall compare the name and address of the bearer, agent, or administrator written on the absentee ballot return envelope with the information on the voter statement. If the information does not match, then the outer envelope, absentee application, secrecy envelope containing the ballot, and the voter's statement shall be placed in an envelope marked "provisional" and the absentee ballot shall be considered a provisional ballot.

(ii) The election officials shall compare the name of the bearer written on the absentee ballot application with the information on the voter statement, and if the information does not compare, the ballot shall be a provisional ballot.

(iii) An absentee ballot designated as a provisional ballot for the lack of a designation of, or name of, a designated bearer shall be counted only if the county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds;

(H) If the absentee voter fails to return the voter statement, the vote shall not be counted;

(I) Failure of the voter to submit the required absentee materials in the proper envelopes shall not be grounds for disqualifying the voter;

(J) If the voter statement does not authorize a bearer, agent, or administrator to receive or return his or her absentee ballot and the ballot was received or returned by a bearer, agent, or administrator, the vote shall not be counted;

(K) If no challenge is made by a qualified poll watcher, the election official shall remove the inner envelope, without opening the inner envelope containing the ballot, and place it in the ballot box without marking it in any way;

(L) (i) After all of the outer envelopes have been opened, the election officials of the absentee box shall preserve all the statements of voters and the voters' identification documents and deliver them to the county clerk, who shall file and keep them for the same length of time after the election as is required for retention of other ballots. (ii) The voter statements shall be made available for public inspection and copying during regular business hours no earlier than 8:30 a.m. on the day following the actual delivery of the statement of the number of outstanding ballots and provisional ballots to the Secretary of State, and declaration of preliminary and unofficial results of the election under § 7-5-701(a)(3)(C) . (iii) The voters' identification documents shall not be subject to public inspection except as part of a judicial proceeding to contest the election;

(i) After all of the outer envelopes have been opened, the election officials of the absentee box shall preserve all the statements of voters and the voters' identification documents and deliver them to the county clerk, who shall file and keep them for the same length of time after the election as is required for retention of other ballots.

(ii) The voter statements shall be made available for public inspection and copying during regular business hours no earlier than 8:30 a.m. on the day following the actual delivery of the statement of the number of outstanding ballots and provisional ballots to the Secretary of State, and declaration of preliminary and unofficial results of the election under § 7-5-701(a)(3)(C) .

(iii) The voters' identification documents shall not be subject to public inspection except as part of a judicial proceeding to contest the election;

(M) When all of the inner envelopes containing the ballots have been placed in the ballot box, the ballot box shall be shaken thoroughly to mix the ballots; and

(N) The ballot box shall be opened and the ballots canvassed and counted.

(2) No election results shall be printed or released prior to the closing of the polls on election day.

(c) If any person casting an absentee ballot dies before the polls open on election day, his or her ballot shall be accepted by the county clerk if the absentee ballot is: (1) Signed, dated, postmarked, and mailed before the date of death; (2) Signed, dated, and delivered to the county clerk by a designated bearer, authorized agent, or administrator before the date of death; or (3) The ballot of a member of the armed services or Arkansas National Guard in active duty or state active duty executed before the date of death.

(1) Signed, dated, postmarked, and mailed before the date of death;

(2) Signed, dated, and delivered to the county clerk by a designated bearer, authorized agent, or administrator before the date of death; or

(3) The ballot of a member of the armed services or Arkansas National Guard in active duty or state active duty executed before the date of death.

(d) It is the intent of this section to require the election officials for absentee ballots to meet and process, canvass, and count absentee ballots according to this section prior to the closing of the polls on election day.

(e) (1) Absentee votes shall be cast on paper ballots. (2) (A) The ballots shall first be counted for write-in votes by the election officials. (B) Then, at the discretion of the county board of election commissioners, the ballots may be either hand counted or counted on an electronic vote tabulating device.

(1) Absentee votes shall be cast on paper ballots.

(2) (A) The ballots shall first be counted for write-in votes by the election officials. (B) Then, at the discretion of the county board of election commissioners, the ballots may be either hand counted or counted on an electronic vote tabulating device.

(A) The ballots shall first be counted for write-in votes by the election officials.

(B) Then, at the discretion of the county board of election commissioners, the ballots may be either hand counted or counted on an electronic vote tabulating device.

(f) (1) Absentee ballots marked as "special runoff ballots" received from a qualified voter from one (1) of the categories in § 7-5-406(a) shall be opened for general primary elections and general runoff elections according to the procedures described in subsection (b) of this section. (2) However, in counting the special runoff ballot, one (1) of the election officials shall open the envelope containing the special runoff ballot and read the numbers indicated next to the names of the two (2) candidates in the general primary election or in the general runoff election. (3) The candidate with the highest ranking shall receive the vote. (4) A special runoff ballot received with the preferential primary absentee ballot shall be counted in the general primary election, and a special runoff ballot received with the general election absentee ballot shall be counted in the general runoff election. (5) The Secretary of State shall prepare instructions for opening, counting, and canvassing special runoff ballots and provide the instructions to each county board of election commissioners.

(1) Absentee ballots marked as "special runoff ballots" received from a qualified voter from one (1) of the categories in § 7-5-406(a) shall be opened for general primary elections and general runoff elections according to the procedures described in subsection (b) of this section.

(2) However, in counting the special runoff ballot, one (1) of the election officials shall open the envelope containing the special runoff ballot and read the numbers indicated next to the names of the two (2) candidates in the general primary election or in the general runoff election.

(3) The candidate with the highest ranking shall receive the vote.

(4) A special runoff ballot received with the preferential primary absentee ballot shall be counted in the general primary election, and a special runoff ballot received with the general election absentee ballot shall be counted in the general runoff election.

(5) The Secretary of State shall prepare instructions for opening, counting, and canvassing special runoff ballots and provide the instructions to each county board of election commissioners.

Amended by Act 2023, No. 329,§ 3, eff. 8/1/2023.

Amended by Act 2021, No. 736,§ 14, eff. 7/28/2021.

Amended by Act 2021, No. 736,§ 13, eff. 7/28/2021.

Amended by Act 2021, No. 736,§ 12, eff. 7/28/2021.

Amended by Act 2021, No. 736,§ 11, eff. 7/28/2021.

Amended by Act 2021, No. 736,§ 10, eff. 7/28/2021.

Amended by Act 2021, No. 736,§ 9, eff. 7/28/2021.

Amended by Act 2021, No. 736,§ 8, eff. 7/28/2021.

Amended by Act 2019, No. 462,§ 9, eff. 7/24/2019.

Amended by Act 2017, No. 790,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 790,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 790,§ 1, eff. 8/1/2017.

Amended by Act 2013, No. 1424,§ 10, eff. 8/16/2013.

Amended by Act 2013, No. 1211,§ 4, eff. 8/16/2013.

Amended by Act 2013, No. 1211,§ 3, eff. 8/16/2013.

Amended by Act 2013, No. 466,§ 1, eff. 8/16/2013.

Acts 1969, No. 465, Art. 9, § 13; 1971, No. 261, § 21; A.S.A. 1947, § 3-913; Acts 1989, No. 505, § 1; 1993, No. 845, §§ 1-3; 1997, No. 1092, § 12; 1999, No. 1368, § 1; 2003, No. 647, §§ 3, 4; 2003, No. 994, § 12; 2003, No. 1154, § 3; 2003, No. 1744, § 1; 2005, No. 138, § 2; 2005, No. 751, § 2; 2005, No. 880, § 6; 2007, No. 261, § 2; 2007, No. 556, § 13; 2009, No. 250, § 14; 2009, No. 959, §§ 19, 20.
Ark. Code Ann. § 7-6-213 — AR Code / Title 7 / Chapter 6 / Subchapter 2 / Section 7-6-213
Verification of reports
Status: in_force

All reports required to be filed by the provisions of this subchapter shall be verified by affidavit by the candidate or a person acting in the candidate's behalf stating that to the best of his or her knowledge and belief the information so disclosed is a complete, true, and accurate financial statement of the candidate's campaign contributions or expenditures. Acts 1975, No. 788, § 6; A.S.A. 1947, § 3-1114.

All reports required to be filed by the provisions of this subchapter shall be verified by affidavit by the candidate or a person acting in the candidate's behalf stating that to the best of his or her knowledge and belief the information so disclosed is a complete, true, and accurate financial statement of the candidate's campaign contributions or expenditures.

Acts 1975, No. 788, § 6; A.S.A. 1947, § 3-1114.
Ark. Code Ann. § 7-5-406 — AR Code / Title 7 / Chapter 5 / Subchapter 4 / Section 7-5-406
Members of uniformed services and other citizens residing outside the United States
Status: in_force

(a) Any qualified elector of this state in any of the following categories who is absent from the place of his or her voting residence may make a request for an absentee ballot by submission of a federal postal card application as provided for in the Uniformed and Overseas Citizens Absentee Voting Act and may vote without prior registration by regular absentee ballot or by Federal Write-in Absentee Ballot in any election held in his or her election precinct if he or she is otherwise eligible to vote in that election: (1) Members of the uniformed services of the United States while in active duty or service, and their spouses and dependents who, by reason of the active duty or service of the member, are absent from the place of residence where the spouses or dependents are otherwise qualified to vote; (2) Members of the United States Merchant Marine while in active duty or service and their spouses and dependents who, by reason of the active duty or service of the member, are absent from the place of residence where the spouses or dependents are otherwise qualified to vote; (3) Citizens of the United States residing or temporarily outside the territorial limits of the United States and the District of Columbia; and (4) Members of the Arkansas National Guard while in state active duty or service, and their spouses and dependents who, by reason of the state active duty or service of the member, are absent from the place of residence where the spouses or dependents are otherwise qualified to vote. (b) (1) The ballot or ballots shall be transmitted according to state laws or rules and federal laws, rules, and regulations. (2) The Secretary of State shall establish and transmit to each county clerk and each county board of election commissioners procedures in accordance with state and federal law that: (A) Allow absent uniformed services voters and absent overseas voters to request, either by mail or electronically, voter registration applications and absentee ballot applications for all elections in the state; (B) Allow county clerks to send by mail or electronically, in accordance with the preferred method of transmission designated by the absent uniformed services voter or absent overseas voter, voter registration applications and absentee ballot applications; (C) Allow the absent uniformed services voter or absent overseas voter to designate whether the voter prefers that the voter registration application or absentee ballot application be transmitted by mail or electronically; (D) Allow the transmission by mail and, to the extent funding is available, electronically of blank absentee ballots to absent uniformed services voters and absent overseas voters for all elections in the state in a manner that expedites the transmission of absentee ballots; (E) Allow county clerks and county boards of election commissioners to accept and process marked absentee ballots of absent uniformed services voters and absent overseas voters; (F) Ensure, to the extent practicable, the protection of the security and integrity of the voter registration and absentee ballot request process and the privacy of the identity and other personal data of an absent uniformed services voter or absent overseas voter who requests or is sent a voter registration application, absentee ballot application, or absentee ballot throughout the process of making a request or being sent an application or ballot; and (G) Establish, to the extent funding is available, a free access system by which an absent uniformed services voter or absent overseas voter may determine whether the absentee ballot of the absent uniformed services voter or absent overseas voter has been received by the appropriate election official. (3) The Secretary of State shall: (A) Provide each county clerk and each county board of election commissioners with written copies of the procedures under subdivision (b)(2) of this section by February 1 of each even-numbered year; and (B) Promptly notify each county clerk and each county board of election commissioners of changes in relevant laws, rules, federal regulations, or procedures. (4) Notwithstanding any other provisions in this title, if selected by any grantor, this state or any county in this state may participate in a Federal Voting Assistance Program project which allows members of the uniformed services and voters overseas to register to vote and to vote in elections electronically, according to state laws and rules, and federal laws, rules, and regulations, if funds are available. (c) (1) (A) Except as provided in subdivision (c)(1)(B) of this section, for the qualified electors in the categories named in subsection (a) of this section who are temporarily outside the territorial limits of the United States, the county board of election commissioners shall prepare a special absentee ballot for each preferential primary and general election to be sent to the voter in addition to the regular absentee ballot. (B) The county board of election commissioners shall not prepare a special absentee ballot for a nonpartisan judicial election. (2) (A) The special absentee ballot shall contain a list of all offices contested by three (3) or more candidates and the candidates qualifying for the election in each office. (B) The special absentee ballot shall permit the elector to vote in the general primary election or in a general runoff election by indicating his or her order of preference for each candidate for each office. (C) (i) To indicate his or her order of preference for each candidate for each office, the voter shall put the number one (1) next to the name of the candidate who is the voter's first choice, the number two (2) for the voter's second choice, and so forth, so that, in consecutive numerical order, a number indicating the voter's preference is written by the voter next to the candidate's name on the ballot. (ii) However, the voter shall not be required to indicate his or her preference for more than one (1) candidate on the ballot if he or she chooses. (3) The special absentee ballot shall be marked as a "special runoff ballot". (4) Instructions shall be sent with the special absentee ballot to the voter explaining the special runoff voting process. Amended by Act 2019, No. 315,§ 419, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 418, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 417, eff. 7/24/2019. Amended by Act 2019, No. 462,§ 8, eff. 7/24/2019. Acts 1969, No. 465, Art. 9, §§ 5, 7, 8; 1971, No. 184, § 2; 1971, No. 261, §§ 25, 26; 1977, No. 739, § 1; 1983, No. 430, §§ 2, 4; 1985, No. 1019, § 2; A.S.A. 1947, §§ 3-905, 3-907, 3-908; Acts 1997, No. 1092, § 3; 2001, No. 1180, § 1; 2003, No. 107, § 1; 2003, No. 749, § 1; 2003, No. 994, § 9; 2005, No. 751, § 1; 2007, No. 233, § 1; 2007, No. 261, § 1; 2007, No. 556, §§ 5, 6; 2009, No. 250, §§ 7, 8; 2009, No. 659, § 6; 2009, No. 703, § 1; 2011, No. 1188, § 3.

(a) Any qualified elector of this state in any of the following categories who is absent from the place of his or her voting residence may make a request for an absentee ballot by submission of a federal postal card application as provided for in the Uniformed and Overseas Citizens Absentee Voting Act and may vote without prior registration by regular absentee ballot or by Federal Write-in Absentee Ballot in any election held in his or her election precinct if he or she is otherwise eligible to vote in that election: (1) Members of the uniformed services of the United States while in active duty or service, and their spouses and dependents who, by reason of the active duty or service of the member, are absent from the place of residence where the spouses or dependents are otherwise qualified to vote; (2) Members of the United States Merchant Marine while in active duty or service and their spouses and dependents who, by reason of the active duty or service of the member, are absent from the place of residence where the spouses or dependents are otherwise qualified to vote; (3) Citizens of the United States residing or temporarily outside the territorial limits of the United States and the District of Columbia; and (4) Members of the Arkansas National Guard while in state active duty or service, and their spouses and dependents who, by reason of the state active duty or service of the member, are absent from the place of residence where the spouses or dependents are otherwise qualified to vote.

(1) Members of the uniformed services of the United States while in active duty or service, and their spouses and dependents who, by reason of the active duty or service of the member, are absent from the place of residence where the spouses or dependents are otherwise qualified to vote;

(2) Members of the United States Merchant Marine while in active duty or service and their spouses and dependents who, by reason of the active duty or service of the member, are absent from the place of residence where the spouses or dependents are otherwise qualified to vote;

(3) Citizens of the United States residing or temporarily outside the territorial limits of the United States and the District of Columbia; and

(4) Members of the Arkansas National Guard while in state active duty or service, and their spouses and dependents who, by reason of the state active duty or service of the member, are absent from the place of residence where the spouses or dependents are otherwise qualified to vote.

(b) (1) The ballot or ballots shall be transmitted according to state laws or rules and federal laws, rules, and regulations. (2) The Secretary of State shall establish and transmit to each county clerk and each county board of election commissioners procedures in accordance with state and federal law that: (A) Allow absent uniformed services voters and absent overseas voters to request, either by mail or electronically, voter registration applications and absentee ballot applications for all elections in the state; (B) Allow county clerks to send by mail or electronically, in accordance with the preferred method of transmission designated by the absent uniformed services voter or absent overseas voter, voter registration applications and absentee ballot applications; (C) Allow the absent uniformed services voter or absent overseas voter to designate whether the voter prefers that the voter registration application or absentee ballot application be transmitted by mail or electronically; (D) Allow the transmission by mail and, to the extent funding is available, electronically of blank absentee ballots to absent uniformed services voters and absent overseas voters for all elections in the state in a manner that expedites the transmission of absentee ballots; (E) Allow county clerks and county boards of election commissioners to accept and process marked absentee ballots of absent uniformed services voters and absent overseas voters; (F) Ensure, to the extent practicable, the protection of the security and integrity of the voter registration and absentee ballot request process and the privacy of the identity and other personal data of an absent uniformed services voter or absent overseas voter who requests or is sent a voter registration application, absentee ballot application, or absentee ballot throughout the process of making a request or being sent an application or ballot; and (G) Establish, to the extent funding is available, a free access system by which an absent uniformed services voter or absent overseas voter may determine whether the absentee ballot of the absent uniformed services voter or absent overseas voter has been received by the appropriate election official. (3) The Secretary of State shall: (A) Provide each county clerk and each county board of election commissioners with written copies of the procedures under subdivision (b)(2) of this section by February 1 of each even-numbered year; and (B) Promptly notify each county clerk and each county board of election commissioners of changes in relevant laws, rules, federal regulations, or procedures. (4) Notwithstanding any other provisions in this title, if selected by any grantor, this state or any county in this state may participate in a Federal Voting Assistance Program project which allows members of the uniformed services and voters overseas to register to vote and to vote in elections electronically, according to state laws and rules, and federal laws, rules, and regulations, if funds are available.

(1) The ballot or ballots shall be transmitted according to state laws or rules and federal laws, rules, and regulations.

(2) The Secretary of State shall establish and transmit to each county clerk and each county board of election commissioners procedures in accordance with state and federal law that: (A) Allow absent uniformed services voters and absent overseas voters to request, either by mail or electronically, voter registration applications and absentee ballot applications for all elections in the state; (B) Allow county clerks to send by mail or electronically, in accordance with the preferred method of transmission designated by the absent uniformed services voter or absent overseas voter, voter registration applications and absentee ballot applications; (C) Allow the absent uniformed services voter or absent overseas voter to designate whether the voter prefers that the voter registration application or absentee ballot application be transmitted by mail or electronically; (D) Allow the transmission by mail and, to the extent funding is available, electronically of blank absentee ballots to absent uniformed services voters and absent overseas voters for all elections in the state in a manner that expedites the transmission of absentee ballots; (E) Allow county clerks and county boards of election commissioners to accept and process marked absentee ballots of absent uniformed services voters and absent overseas voters; (F) Ensure, to the extent practicable, the protection of the security and integrity of the voter registration and absentee ballot request process and the privacy of the identity and other personal data of an absent uniformed services voter or absent overseas voter who requests or is sent a voter registration application, absentee ballot application, or absentee ballot throughout the process of making a request or being sent an application or ballot; and (G) Establish, to the extent funding is available, a free access system by which an absent uniformed services voter or absent overseas voter may determine whether the absentee ballot of the absent uniformed services voter or absent overseas voter has been received by the appropriate election official.

(A) Allow absent uniformed services voters and absent overseas voters to request, either by mail or electronically, voter registration applications and absentee ballot applications for all elections in the state;

(B) Allow county clerks to send by mail or electronically, in accordance with the preferred method of transmission designated by the absent uniformed services voter or absent overseas voter, voter registration applications and absentee ballot applications;

(C) Allow the absent uniformed services voter or absent overseas voter to designate whether the voter prefers that the voter registration application or absentee ballot application be transmitted by mail or electronically;

(D) Allow the transmission by mail and, to the extent funding is available, electronically of blank absentee ballots to absent uniformed services voters and absent overseas voters for all elections in the state in a manner that expedites the transmission of absentee ballots;

(E) Allow county clerks and county boards of election commissioners to accept and process marked absentee ballots of absent uniformed services voters and absent overseas voters;

(F) Ensure, to the extent practicable, the protection of the security and integrity of the voter registration and absentee ballot request process and the privacy of the identity and other personal data of an absent uniformed services voter or absent overseas voter who requests or is sent a voter registration application, absentee ballot application, or absentee ballot throughout the process of making a request or being sent an application or ballot; and

(G) Establish, to the extent funding is available, a free access system by which an absent uniformed services voter or absent overseas voter may determine whether the absentee ballot of the absent uniformed services voter or absent overseas voter has been received by the appropriate election official.

(3) The Secretary of State shall: (A) Provide each county clerk and each county board of election commissioners with written copies of the procedures under subdivision (b)(2) of this section by February 1 of each even-numbered year; and (B) Promptly notify each county clerk and each county board of election commissioners of changes in relevant laws, rules, federal regulations, or procedures.

(A) Provide each county clerk and each county board of election commissioners with written copies of the procedures under subdivision (b)(2) of this section by February 1 of each even-numbered year; and

(B) Promptly notify each county clerk and each county board of election commissioners of changes in relevant laws, rules, federal regulations, or procedures.

(4) Notwithstanding any other provisions in this title, if selected by any grantor, this state or any county in this state may participate in a Federal Voting Assistance Program project which allows members of the uniformed services and voters overseas to register to vote and to vote in elections electronically, according to state laws and rules, and federal laws, rules, and regulations, if funds are available.

(c) (1) (A) Except as provided in subdivision (c)(1)(B) of this section, for the qualified electors in the categories named in subsection (a) of this section who are temporarily outside the territorial limits of the United States, the county board of election commissioners shall prepare a special absentee ballot for each preferential primary and general election to be sent to the voter in addition to the regular absentee ballot. (B) The county board of election commissioners shall not prepare a special absentee ballot for a nonpartisan judicial election. (2) (A) The special absentee ballot shall contain a list of all offices contested by three (3) or more candidates and the candidates qualifying for the election in each office. (B) The special absentee ballot shall permit the elector to vote in the general primary election or in a general runoff election by indicating his or her order of preference for each candidate for each office. (C) (i) To indicate his or her order of preference for each candidate for each office, the voter shall put the number one (1) next to the name of the candidate who is the voter's first choice, the number two (2) for the voter's second choice, and so forth, so that, in consecutive numerical order, a number indicating the voter's preference is written by the voter next to the candidate's name on the ballot. (ii) However, the voter shall not be required to indicate his or her preference for more than one (1) candidate on the ballot if he or she chooses. (3) The special absentee ballot shall be marked as a "special runoff ballot". (4) Instructions shall be sent with the special absentee ballot to the voter explaining the special runoff voting process.

(1) (A) Except as provided in subdivision (c)(1)(B) of this section, for the qualified electors in the categories named in subsection (a) of this section who are temporarily outside the territorial limits of the United States, the county board of election commissioners shall prepare a special absentee ballot for each preferential primary and general election to be sent to the voter in addition to the regular absentee ballot. (B) The county board of election commissioners shall not prepare a special absentee ballot for a nonpartisan judicial election.

(A) Except as provided in subdivision (c)(1)(B) of this section, for the qualified electors in the categories named in subsection (a) of this section who are temporarily outside the territorial limits of the United States, the county board of election commissioners shall prepare a special absentee ballot for each preferential primary and general election to be sent to the voter in addition to the regular absentee ballot.

(B) The county board of election commissioners shall not prepare a special absentee ballot for a nonpartisan judicial election.

(2) (A) The special absentee ballot shall contain a list of all offices contested by three (3) or more candidates and the candidates qualifying for the election in each office. (B) The special absentee ballot shall permit the elector to vote in the general primary election or in a general runoff election by indicating his or her order of preference for each candidate for each office. (C) (i) To indicate his or her order of preference for each candidate for each office, the voter shall put the number one (1) next to the name of the candidate who is the voter's first choice, the number two (2) for the voter's second choice, and so forth, so that, in consecutive numerical order, a number indicating the voter's preference is written by the voter next to the candidate's name on the ballot. (ii) However, the voter shall not be required to indicate his or her preference for more than one (1) candidate on the ballot if he or she chooses.

(A) The special absentee ballot shall contain a list of all offices contested by three (3) or more candidates and the candidates qualifying for the election in each office.

(B) The special absentee ballot shall permit the elector to vote in the general primary election or in a general runoff election by indicating his or her order of preference for each candidate for each office.

(C) (i) To indicate his or her order of preference for each candidate for each office, the voter shall put the number one (1) next to the name of the candidate who is the voter's first choice, the number two (2) for the voter's second choice, and so forth, so that, in consecutive numerical order, a number indicating the voter's preference is written by the voter next to the candidate's name on the ballot. (ii) However, the voter shall not be required to indicate his or her preference for more than one (1) candidate on the ballot if he or she chooses.

(i) To indicate his or her order of preference for each candidate for each office, the voter shall put the number one (1) next to the name of the candidate who is the voter's first choice, the number two (2) for the voter's second choice, and so forth, so that, in consecutive numerical order, a number indicating the voter's preference is written by the voter next to the candidate's name on the ballot.

(ii) However, the voter shall not be required to indicate his or her preference for more than one (1) candidate on the ballot if he or she chooses.

(3) The special absentee ballot shall be marked as a "special runoff ballot".

(4) Instructions shall be sent with the special absentee ballot to the voter explaining the special runoff voting process.

Amended by Act 2019, No. 315,§ 419, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 418, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 417, eff. 7/24/2019.

Amended by Act 2019, No. 462,§ 8, eff. 7/24/2019.

Acts 1969, No. 465, Art. 9, §§ 5, 7, 8; 1971, No. 184, § 2; 1971, No. 261, §§ 25, 26; 1977, No. 739, § 1; 1983, No. 430, §§ 2, 4; 1985, No. 1019, § 2; A.S.A. 1947, §§ 3-905, 3-907, 3-908; Acts 1997, No. 1092, § 3; 2001, No. 1180, § 1; 2003, No. 107, § 1; 2003, No. 749, § 1; 2003, No. 994, § 9; 2005, No. 751, § 1; 2007, No. 233, § 1; 2007, No. 261, § 1; 2007, No. 556, §§ 5, 6; 2009, No. 250, §§ 7, 8; 2009, No. 659, § 6; 2009, No. 703, § 1; 2011, No. 1188, § 3.
Ark. Code Ann. § 7-10-103 — AR Code / Title 7 / Chapter 10 / Section 7-10-103
Filing as a candidate
Status: in_force

(a) A candidate for a nonpartisan office under this chapter shall: (1) Pay a filing fee; or (2) File a petition. (b) (1) The State Board of Election Commissioners shall establish reasonable filing fees for nonpartisan offices. (2) (A) A candidate for the office of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, or prosecuting attorney who chooses to pay by filing fee shall pay the filing fee to the Secretary of State when the candidate files his or her political practices pledge. (B) The period for paying filing fees and filing political practices pledges shall begin at 3:00 p.m. on the first day of the party filing period under § 7-7-203 and shall end at 3:00 p.m. on the last day of the party filing period under § 7-7-203 . (3) (A) The filing fees collected for the offices of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, and district judge shall be remitted to the Treasurer of State for deposit into the Nonpartisan Filing Fee Fund for covering the cost of election expenses of the State Board of Election Commissioners. (B) (i) Except as provided in subdivision (b)(3)(B)(ii) of this section, the filing fees collected for the office of prosecuting attorney shall be remitted to the Treasurer of State for deposit into the Nonpartisan Filing Fee Fund. (ii) The first one hundred thousand dollars ($100,000) collected annually from filing fees for the office of prosecuting attorney shall be remitted to the Treasurer of State for deposit into the Trial Court Administrator Fund. (c) (1) (A) (i) A person may have his or her name placed on the ballot for a nonpartisan office without paying a filing fee by filing a petition in the manner provided for under this section. A petition for a candidate for the office of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, or prosecuting attorney shall be filed with the Secretary of State beginning at 12:00 noon fifty-three (53) days before the first day of the party filing period under § 7-7-203 and ending at 12:00 noon forty-six (46) days before the first day of the party filing period under § 7-7-203 . (ii) A nonpartisan candidate filing by petition shall file a political practices pledge with the petition. (B) (i) The petition shall: (a) Be directed to the office with which it is to be filed; and (b) Request that the name of the candidate be placed on the ballot for the election set forth in the petition. (ii) A candidate shall not begin circulating petitions earlier than sixty (60) days before the filing deadline. (C) (i) The Secretary of State within forty-five (45) days of the filing of the petition shall: (a) Determine whether the petition contains the names of a sufficient number of qualified electors; and (b) Verify the sufficiency of the petition. (ii) The sufficiency of a petition filed under this section may be challenged in the same manner as provided by law for election contests under § 7-5-801 et seq. (D) A qualified elector signing the petition must be a registered voter in the geographic area applicable to the position at the time he or she signs the petition. Each qualified elector shall provide on the petition his or her: (i) Printed name; (ii) Signature; (iii) Address; (iv) Date of birth; and (v) Date of signing. (E) In determining the number of qualified electors in the state or in any court of appeals district, circuit court circuit, or district court district, the number of votes cast for Governor in the immediately preceding general gubernatorial election shall be conclusive of the number of all qualified electors in the state, circuit, or district for purposes of this section. (2) (A) A candidate by petition for Justice of the Supreme Court shall file a petition signed by the lesser of: (i) Three percent (3%) of the qualified electors residing within the state; and (ii) Ten thousand (10,000) qualified electors. (B) A candidate by petition for Judge of the Court of Appeals shall file a petition signed by the lesser of: (i) Three percent (3%) of the qualified electors residing within the court of appeals district for which the candidate seeks office; and (ii) Two thousand (2,000) qualified electors. (C) A candidate by petition for circuit judge shall file a petition signed by the lesser of: (i) Three percent (3%) of the qualified electors residing within the circuit for which the candidate seeks office; and (ii) Two thousand (2,000) qualified electors. (D) A candidate by petition for district judge shall file a petition signed by the lesser of: (i) One percent (1%) of the qualified electors residing within the district for which the candidate seeks office; and (ii) Two thousand (2,000) qualified electors. (E) A candidate by petition for prosecuting attorney shall file a petition signed by the lesser of: (i) Three percent (3%) of the qualified electors residing within the district for which the candidate seeks office; and (ii) Two thousand (2,000) qualified electors. (d) [Repealed.] (e) A candidate for Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, or prosecuting attorney shall file with the Secretary of State. (f) (1) (A) A nonpartisan candidate shall not use more than three (3) given names, one (1) of which may be a nickname or another word used to identify the candidate to the voters. (B) (i) A nonpartisan candidate may add as a prefix to his or her name the title or an abbreviation of an elective public office the candidate currently holds. (ii) A candidate may use as the prefix the title of a nonpartisan judicial office in an election for a nonpartisan judicial office only if: (a) The candidate is currently serving in a judicial position to which the candidate has been elected in the last election for the office; or (b) The candidate: (1) Is a candidate for the office of circuit judge or district judge; (2) Is currently serving in the position of circuit judge or district judge as an appointee; and (3) Has been serving in that position for at least twelve (12) months. (C) A nickname shall not include a professional or honorary title. (2) The person filing for office shall include his or her surname in addition to any given names permitted under subdivision (f)(1)(A) of this section. (3) The names and titles to be used by a candidate on the political practices pledge shall be reviewed no later than one (1) business day after the filing deadline by the Secretary of State for a candidate for Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, and prosecuting attorney. (4) (A) The name of each candidate shall be printed on the ballot in the form as certified by the Secretary of State. (B) The county board of election commissioners may substitute an abbreviated title if the ballot lacks space for the title requested by a candidate. (C) The county board of election commissioners immediately shall notify a candidate whose requested title is abbreviated by the county board of election commissioners. (5) A candidate shall not change the form in which his or her name will be printed on the ballot after the deadline for filing the political practices pledge. Amended by Act 2023, No. 305,§ 13, eff. 8/1/2023. Amended by Act 2023, No. 305,§ 12, eff. 8/1/2023. Amended by Act 2019, No. 527,§ 2, eff. 7/24/2019. Amended by Act 2015, No. 268,§ 13, eff. 7/1/2015. Amended by Act 2013, No. 1286,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 1110,§ 12, eff. 8/16/2013. Amended by Act 2013, No. 1075,§ 2, eff. 8/16/2013. Acts 2001, No. 1789, § 3; 2005, No. 67, § 26; 2007, No. 1049, § 32; 2009, No. 959, § 45; 2009, No. 1407, §§ 1, 2; 2011, No. 1185, § 14.

(a) A candidate for a nonpartisan office under this chapter shall: (1) Pay a filing fee; or (2) File a petition.

(1) Pay a filing fee; or

(2) File a petition.

(b) (1) The State Board of Election Commissioners shall establish reasonable filing fees for nonpartisan offices. (2) (A) A candidate for the office of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, or prosecuting attorney who chooses to pay by filing fee shall pay the filing fee to the Secretary of State when the candidate files his or her political practices pledge. (B) The period for paying filing fees and filing political practices pledges shall begin at 3:00 p.m. on the first day of the party filing period under § 7-7-203 and shall end at 3:00 p.m. on the last day of the party filing period under § 7-7-203 . (3) (A) The filing fees collected for the offices of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, and district judge shall be remitted to the Treasurer of State for deposit into the Nonpartisan Filing Fee Fund for covering the cost of election expenses of the State Board of Election Commissioners. (B) (i) Except as provided in subdivision (b)(3)(B)(ii) of this section, the filing fees collected for the office of prosecuting attorney shall be remitted to the Treasurer of State for deposit into the Nonpartisan Filing Fee Fund. (ii) The first one hundred thousand dollars ($100,000) collected annually from filing fees for the office of prosecuting attorney shall be remitted to the Treasurer of State for deposit into the Trial Court Administrator Fund.

(1) The State Board of Election Commissioners shall establish reasonable filing fees for nonpartisan offices.

(2) (A) A candidate for the office of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, or prosecuting attorney who chooses to pay by filing fee shall pay the filing fee to the Secretary of State when the candidate files his or her political practices pledge. (B) The period for paying filing fees and filing political practices pledges shall begin at 3:00 p.m. on the first day of the party filing period under § 7-7-203 and shall end at 3:00 p.m. on the last day of the party filing period under § 7-7-203 .

(A) A candidate for the office of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, or prosecuting attorney who chooses to pay by filing fee shall pay the filing fee to the Secretary of State when the candidate files his or her political practices pledge.

(B) The period for paying filing fees and filing political practices pledges shall begin at 3:00 p.m. on the first day of the party filing period under § 7-7-203 and shall end at 3:00 p.m. on the last day of the party filing period under § 7-7-203 .

(3) (A) The filing fees collected for the offices of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, and district judge shall be remitted to the Treasurer of State for deposit into the Nonpartisan Filing Fee Fund for covering the cost of election expenses of the State Board of Election Commissioners. (B) (i) Except as provided in subdivision (b)(3)(B)(ii) of this section, the filing fees collected for the office of prosecuting attorney shall be remitted to the Treasurer of State for deposit into the Nonpartisan Filing Fee Fund. (ii) The first one hundred thousand dollars ($100,000) collected annually from filing fees for the office of prosecuting attorney shall be remitted to the Treasurer of State for deposit into the Trial Court Administrator Fund.

(A) The filing fees collected for the offices of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, and district judge shall be remitted to the Treasurer of State for deposit into the Nonpartisan Filing Fee Fund for covering the cost of election expenses of the State Board of Election Commissioners.

(B) (i) Except as provided in subdivision (b)(3)(B)(ii) of this section, the filing fees collected for the office of prosecuting attorney shall be remitted to the Treasurer of State for deposit into the Nonpartisan Filing Fee Fund. (ii) The first one hundred thousand dollars ($100,000) collected annually from filing fees for the office of prosecuting attorney shall be remitted to the Treasurer of State for deposit into the Trial Court Administrator Fund.

(i) Except as provided in subdivision (b)(3)(B)(ii) of this section, the filing fees collected for the office of prosecuting attorney shall be remitted to the Treasurer of State for deposit into the Nonpartisan Filing Fee Fund.

(ii) The first one hundred thousand dollars ($100,000) collected annually from filing fees for the office of prosecuting attorney shall be remitted to the Treasurer of State for deposit into the Trial Court Administrator Fund.

(c) (1) (A) (i) A person may have his or her name placed on the ballot for a nonpartisan office without paying a filing fee by filing a petition in the manner provided for under this section. A petition for a candidate for the office of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, or prosecuting attorney shall be filed with the Secretary of State beginning at 12:00 noon fifty-three (53) days before the first day of the party filing period under § 7-7-203 and ending at 12:00 noon forty-six (46) days before the first day of the party filing period under § 7-7-203 . (ii) A nonpartisan candidate filing by petition shall file a political practices pledge with the petition. (B) (i) The petition shall: (a) Be directed to the office with which it is to be filed; and (b) Request that the name of the candidate be placed on the ballot for the election set forth in the petition. (ii) A candidate shall not begin circulating petitions earlier than sixty (60) days before the filing deadline. (C) (i) The Secretary of State within forty-five (45) days of the filing of the petition shall: (a) Determine whether the petition contains the names of a sufficient number of qualified electors; and (b) Verify the sufficiency of the petition. (ii) The sufficiency of a petition filed under this section may be challenged in the same manner as provided by law for election contests under § 7-5-801 et seq. (D) A qualified elector signing the petition must be a registered voter in the geographic area applicable to the position at the time he or she signs the petition. Each qualified elector shall provide on the petition his or her: (i) Printed name; (ii) Signature; (iii) Address; (iv) Date of birth; and (v) Date of signing. (E) In determining the number of qualified electors in the state or in any court of appeals district, circuit court circuit, or district court district, the number of votes cast for Governor in the immediately preceding general gubernatorial election shall be conclusive of the number of all qualified electors in the state, circuit, or district for purposes of this section. (2) (A) A candidate by petition for Justice of the Supreme Court shall file a petition signed by the lesser of: (i) Three percent (3%) of the qualified electors residing within the state; and (ii) Ten thousand (10,000) qualified electors. (B) A candidate by petition for Judge of the Court of Appeals shall file a petition signed by the lesser of: (i) Three percent (3%) of the qualified electors residing within the court of appeals district for which the candidate seeks office; and (ii) Two thousand (2,000) qualified electors. (C) A candidate by petition for circuit judge shall file a petition signed by the lesser of: (i) Three percent (3%) of the qualified electors residing within the circuit for which the candidate seeks office; and (ii) Two thousand (2,000) qualified electors. (D) A candidate by petition for district judge shall file a petition signed by the lesser of: (i) One percent (1%) of the qualified electors residing within the district for which the candidate seeks office; and (ii) Two thousand (2,000) qualified electors. (E) A candidate by petition for prosecuting attorney shall file a petition signed by the lesser of: (i) Three percent (3%) of the qualified electors residing within the district for which the candidate seeks office; and (ii) Two thousand (2,000) qualified electors.

(1) (A) (i) A person may have his or her name placed on the ballot for a nonpartisan office without paying a filing fee by filing a petition in the manner provided for under this section. A petition for a candidate for the office of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, or prosecuting attorney shall be filed with the Secretary of State beginning at 12:00 noon fifty-three (53) days before the first day of the party filing period under § 7-7-203 and ending at 12:00 noon forty-six (46) days before the first day of the party filing period under § 7-7-203 . (ii) A nonpartisan candidate filing by petition shall file a political practices pledge with the petition. (B) (i) The petition shall: (a) Be directed to the office with which it is to be filed; and (b) Request that the name of the candidate be placed on the ballot for the election set forth in the petition. (ii) A candidate shall not begin circulating petitions earlier than sixty (60) days before the filing deadline. (C) (i) The Secretary of State within forty-five (45) days of the filing of the petition shall: (a) Determine whether the petition contains the names of a sufficient number of qualified electors; and (b) Verify the sufficiency of the petition. (ii) The sufficiency of a petition filed under this section may be challenged in the same manner as provided by law for election contests under § 7-5-801 et seq. (D) A qualified elector signing the petition must be a registered voter in the geographic area applicable to the position at the time he or she signs the petition. Each qualified elector shall provide on the petition his or her: (i) Printed name; (ii) Signature; (iii) Address; (iv) Date of birth; and (v) Date of signing. (E) In determining the number of qualified electors in the state or in any court of appeals district, circuit court circuit, or district court district, the number of votes cast for Governor in the immediately preceding general gubernatorial election shall be conclusive of the number of all qualified electors in the state, circuit, or district for purposes of this section.

(A) (i) A person may have his or her name placed on the ballot for a nonpartisan office without paying a filing fee by filing a petition in the manner provided for under this section. A petition for a candidate for the office of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, or prosecuting attorney shall be filed with the Secretary of State beginning at 12:00 noon fifty-three (53) days before the first day of the party filing period under § 7-7-203 and ending at 12:00 noon forty-six (46) days before the first day of the party filing period under § 7-7-203 . (ii) A nonpartisan candidate filing by petition shall file a political practices pledge with the petition.

(i) A person may have his or her name placed on the ballot for a nonpartisan office without paying a filing fee by filing a petition in the manner provided for under this section. A petition for a candidate for the office of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, or prosecuting attorney shall be filed with the Secretary of State beginning at 12:00 noon fifty-three (53) days before the first day of the party filing period under § 7-7-203 and ending at 12:00 noon forty-six (46) days before the first day of the party filing period under § 7-7-203 .

(ii) A nonpartisan candidate filing by petition shall file a political practices pledge with the petition.

(B) (i) The petition shall: (a) Be directed to the office with which it is to be filed; and (b) Request that the name of the candidate be placed on the ballot for the election set forth in the petition. (ii) A candidate shall not begin circulating petitions earlier than sixty (60) days before the filing deadline.

(i) The petition shall: (a) Be directed to the office with which it is to be filed; and (b) Request that the name of the candidate be placed on the ballot for the election set forth in the petition.

(a) Be directed to the office with which it is to be filed; and

(b) Request that the name of the candidate be placed on the ballot for the election set forth in the petition.

(ii) A candidate shall not begin circulating petitions earlier than sixty (60) days before the filing deadline.

(C) (i) The Secretary of State within forty-five (45) days of the filing of the petition shall: (a) Determine whether the petition contains the names of a sufficient number of qualified electors; and (b) Verify the sufficiency of the petition. (ii) The sufficiency of a petition filed under this section may be challenged in the same manner as provided by law for election contests under § 7-5-801 et seq.

(i) The Secretary of State within forty-five (45) days of the filing of the petition shall: (a) Determine whether the petition contains the names of a sufficient number of qualified electors; and (b) Verify the sufficiency of the petition.

(a) Determine whether the petition contains the names of a sufficient number of qualified electors; and

(b) Verify the sufficiency of the petition.

(ii) The sufficiency of a petition filed under this section may be challenged in the same manner as provided by law for election contests under § 7-5-801 et seq.

(D) A qualified elector signing the petition must be a registered voter in the geographic area applicable to the position at the time he or she signs the petition. Each qualified elector shall provide on the petition his or her: (i) Printed name; (ii) Signature; (iii) Address; (iv) Date of birth; and (v) Date of signing.

(i) Printed name;

(ii) Signature;

(iii) Address;

(iv) Date of birth; and

(v) Date of signing.

(E) In determining the number of qualified electors in the state or in any court of appeals district, circuit court circuit, or district court district, the number of votes cast for Governor in the immediately preceding general gubernatorial election shall be conclusive of the number of all qualified electors in the state, circuit, or district for purposes of this section.

(2) (A) A candidate by petition for Justice of the Supreme Court shall file a petition signed by the lesser of: (i) Three percent (3%) of the qualified electors residing within the state; and (ii) Ten thousand (10,000) qualified electors. (B) A candidate by petition for Judge of the Court of Appeals shall file a petition signed by the lesser of: (i) Three percent (3%) of the qualified electors residing within the court of appeals district for which the candidate seeks office; and (ii) Two thousand (2,000) qualified electors. (C) A candidate by petition for circuit judge shall file a petition signed by the lesser of: (i) Three percent (3%) of the qualified electors residing within the circuit for which the candidate seeks office; and (ii) Two thousand (2,000) qualified electors. (D) A candidate by petition for district judge shall file a petition signed by the lesser of: (i) One percent (1%) of the qualified electors residing within the district for which the candidate seeks office; and (ii) Two thousand (2,000) qualified electors. (E) A candidate by petition for prosecuting attorney shall file a petition signed by the lesser of: (i) Three percent (3%) of the qualified electors residing within the district for which the candidate seeks office; and (ii) Two thousand (2,000) qualified electors.

(A) A candidate by petition for Justice of the Supreme Court shall file a petition signed by the lesser of: (i) Three percent (3%) of the qualified electors residing within the state; and (ii) Ten thousand (10,000) qualified electors.

(i) Three percent (3%) of the qualified electors residing within the state; and

(ii) Ten thousand (10,000) qualified electors.

(B) A candidate by petition for Judge of the Court of Appeals shall file a petition signed by the lesser of: (i) Three percent (3%) of the qualified electors residing within the court of appeals district for which the candidate seeks office; and (ii) Two thousand (2,000) qualified electors.

(i) Three percent (3%) of the qualified electors residing within the court of appeals district for which the candidate seeks office; and

(ii) Two thousand (2,000) qualified electors.

(C) A candidate by petition for circuit judge shall file a petition signed by the lesser of: (i) Three percent (3%) of the qualified electors residing within the circuit for which the candidate seeks office; and (ii) Two thousand (2,000) qualified electors.

(i) Three percent (3%) of the qualified electors residing within the circuit for which the candidate seeks office; and

(ii) Two thousand (2,000) qualified electors.

(D) A candidate by petition for district judge shall file a petition signed by the lesser of: (i) One percent (1%) of the qualified electors residing within the district for which the candidate seeks office; and (ii) Two thousand (2,000) qualified electors.

(i) One percent (1%) of the qualified electors residing within the district for which the candidate seeks office; and

(ii) Two thousand (2,000) qualified electors.

(E) A candidate by petition for prosecuting attorney shall file a petition signed by the lesser of: (i) Three percent (3%) of the qualified electors residing within the district for which the candidate seeks office; and (ii) Two thousand (2,000) qualified electors.

(i) Three percent (3%) of the qualified electors residing within the district for which the candidate seeks office; and

(ii) Two thousand (2,000) qualified electors.

(d) [Repealed.]

(e) A candidate for Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, or prosecuting attorney shall file with the Secretary of State.

(f) (1) (A) A nonpartisan candidate shall not use more than three (3) given names, one (1) of which may be a nickname or another word used to identify the candidate to the voters. (B) (i) A nonpartisan candidate may add as a prefix to his or her name the title or an abbreviation of an elective public office the candidate currently holds. (ii) A candidate may use as the prefix the title of a nonpartisan judicial office in an election for a nonpartisan judicial office only if: (a) The candidate is currently serving in a judicial position to which the candidate has been elected in the last election for the office; or (b) The candidate: (1) Is a candidate for the office of circuit judge or district judge; (2) Is currently serving in the position of circuit judge or district judge as an appointee; and (3) Has been serving in that position for at least twelve (12) months. (C) A nickname shall not include a professional or honorary title. (2) The person filing for office shall include his or her surname in addition to any given names permitted under subdivision (f)(1)(A) of this section. (3) The names and titles to be used by a candidate on the political practices pledge shall be reviewed no later than one (1) business day after the filing deadline by the Secretary of State for a candidate for Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, and prosecuting attorney. (4) (A) The name of each candidate shall be printed on the ballot in the form as certified by the Secretary of State. (B) The county board of election commissioners may substitute an abbreviated title if the ballot lacks space for the title requested by a candidate. (C) The county board of election commissioners immediately shall notify a candidate whose requested title is abbreviated by the county board of election commissioners. (5) A candidate shall not change the form in which his or her name will be printed on the ballot after the deadline for filing the political practices pledge.

(1) (A) A nonpartisan candidate shall not use more than three (3) given names, one (1) of which may be a nickname or another word used to identify the candidate to the voters. (B) (i) A nonpartisan candidate may add as a prefix to his or her name the title or an abbreviation of an elective public office the candidate currently holds. (ii) A candidate may use as the prefix the title of a nonpartisan judicial office in an election for a nonpartisan judicial office only if: (a) The candidate is currently serving in a judicial position to which the candidate has been elected in the last election for the office; or (b) The candidate: (1) Is a candidate for the office of circuit judge or district judge; (2) Is currently serving in the position of circuit judge or district judge as an appointee; and (3) Has been serving in that position for at least twelve (12) months. (C) A nickname shall not include a professional or honorary title.

(A) A nonpartisan candidate shall not use more than three (3) given names, one (1) of which may be a nickname or another word used to identify the candidate to the voters.

(B) (i) A nonpartisan candidate may add as a prefix to his or her name the title or an abbreviation of an elective public office the candidate currently holds. (ii) A candidate may use as the prefix the title of a nonpartisan judicial office in an election for a nonpartisan judicial office only if: (a) The candidate is currently serving in a judicial position to which the candidate has been elected in the last election for the office; or (b) The candidate: (1) Is a candidate for the office of circuit judge or district judge; (2) Is currently serving in the position of circuit judge or district judge as an appointee; and (3) Has been serving in that position for at least twelve (12) months.

(i) A nonpartisan candidate may add as a prefix to his or her name the title or an abbreviation of an elective public office the candidate currently holds.

(ii) A candidate may use as the prefix the title of a nonpartisan judicial office in an election for a nonpartisan judicial office only if: (a) The candidate is currently serving in a judicial position to which the candidate has been elected in the last election for the office; or (b) The candidate: (1) Is a candidate for the office of circuit judge or district judge; (2) Is currently serving in the position of circuit judge or district judge as an appointee; and (3) Has been serving in that position for at least twelve (12) months.

(a) The candidate is currently serving in a judicial position to which the candidate has been elected in the last election for the office; or

(b) The candidate: (1) Is a candidate for the office of circuit judge or district judge; (2) Is currently serving in the position of circuit judge or district judge as an appointee; and (3) Has been serving in that position for at least twelve (12) months.

(1) Is a candidate for the office of circuit judge or district judge;

(2) Is currently serving in the position of circuit judge or district judge as an appointee; and

(3) Has been serving in that position for at least twelve (12) months.

(C) A nickname shall not include a professional or honorary title.

(2) The person filing for office shall include his or her surname in addition to any given names permitted under subdivision (f)(1)(A) of this section.

(3) The names and titles to be used by a candidate on the political practices pledge shall be reviewed no later than one (1) business day after the filing deadline by the Secretary of State for a candidate for Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, district judge, and prosecuting attorney.

(4) (A) The name of each candidate shall be printed on the ballot in the form as certified by the Secretary of State. (B) The county board of election commissioners may substitute an abbreviated title if the ballot lacks space for the title requested by a candidate. (C) The county board of election commissioners immediately shall notify a candidate whose requested title is abbreviated by the county board of election commissioners.

(A) The name of each candidate shall be printed on the ballot in the form as certified by the Secretary of State.

(B) The county board of election commissioners may substitute an abbreviated title if the ballot lacks space for the title requested by a candidate.

(C) The county board of election commissioners immediately shall notify a candidate whose requested title is abbreviated by the county board of election commissioners.

(5) A candidate shall not change the form in which his or her name will be printed on the ballot after the deadline for filing the political practices pledge.

Amended by Act 2023, No. 305,§ 13, eff. 8/1/2023.

Amended by Act 2023, No. 305,§ 12, eff. 8/1/2023.

Amended by Act 2019, No. 527,§ 2, eff. 7/24/2019.

Amended by Act 2015, No. 268,§ 13, eff. 7/1/2015.

Amended by Act 2013, No. 1286,§ 1, eff. 8/16/2013.

Amended by Act 2013, No. 1110,§ 12, eff. 8/16/2013.

Amended by Act 2013, No. 1075,§ 2, eff. 8/16/2013.

Acts 2001, No. 1789, § 3; 2005, No. 67, § 26; 2007, No. 1049, § 32; 2009, No. 959, § 45; 2009, No. 1407, §§ 1, 2; 2011, No. 1185, § 14.
Ark. Code Ann. § 7-9-111 — AR Code / Title 7 / Chapter 9 / Subchapter 1 / Section 7-9-111
Determination of sufficiency of petition - Corrections
Status: in_force

(a) The Secretary of State shall ascertain and declare the sufficiency or insufficiency of the signatures submitted on each statewide initiative petition and each statewide referendum petition within thirty (30) days after it is filed. (b) The Secretary of State may contract with the various county clerks for their assistance in verifying the signatures on petitions. The county clerk shall return the petitions to the Secretary of State within ten (10) days. (c) If the statewide initiative petition or statewide referendum petition is found to be sufficient, the Secretary of State shall certify and record the finding and perform such other duties relating thereto as are required by law. (d) (1) If the signatures submitted on a statewide initiative petition or statewide referendum petition are found to be insufficient, the Secretary of State shall forthwith notify the sponsors in writing, through their designated agent, and shall set forth his or her reasons for so finding. When the notice is delivered, the sponsors shall have thirty (30) days in which to do any or all of the following: (A) Solicit and obtain additional signatures; or (B) Submit proof to show that the rejected signatures or some of them are good and should be counted. (2) Any amendments and corrections shall not materially change the purpose and effect of the statewide initiative petition or statewide referendum petition. No change shall be made in the measure. (3) The Secretary of State shall ascertain and declare the sufficiency or insufficiency of additional signatures submitted by the sponsors under this subsection within thirty (30) days of the filing of the supplemental petitions. (e) (1) To assist the Secretary of State in ascertaining the sufficiency or insufficiency of each statewide initiative petition and each statewide referendum petition, all county clerks shall furnish at cost to the Secretary of State a single alphabetical list of all registered voters in their respective counties. The list shall be provided at least four (4) months before the election, and an updated list shall be provided at cost by September 1 in the year of the election. The list shall include the date of birth of each registered voter. (2) The State Board of Election Commissioners, upon the request of the county clerk, may grant a waiver from this provision if the board determines that the county clerk is unable to provide the list within the time required. (f) (1) A person filing statewide initiative petitions or statewide referendum petitions with the Secretary of State shall bundle the petitions by county and shall file an affidavit stating the number of petitions and the total number of signatures being filed. (2) If signatures were obtained by paid canvassers, the person filing the petitions under this subsection shall also submit the following: (A) A statement identifying the paid canvassers by name; and (B) A statement signed by the sponsor indicating that the sponsor: (i) Provided a copy of the most recent edition of the Secretary of State's initiatives and referenda handbook to each paid canvasser before the paid canvasser solicited signatures; and (ii) Explained the requirements under Arkansas law for obtaining signatures on an initiative or referendum petition to each paid canvasser before the paid canvasser solicited signatures. (g) All county initiative and referendum elections shall be held in accordance with the provisions of § 14-14-917 . (h) Municipal referendum petition measures shall be submitted to the electors at a regular general election unless the petition expressly calls for a special election. If the date set by the petition does not allow sufficient time to comply with election procedures, then the city or town council shall fix the date for any special election on the referendum measure. The date of any special election shall be set in accordance with § 7-11-201 et seq. but in no event more than one hundred twenty (120) calendar days after the date of certification of sufficiency by the municipal clerk. (i) [Repealed.] Amended by Act 2023, No. 194,§ 3, eff. 3/6/2023. Amended by Act 2019, No. 376,§ 9, eff. 3/8/2019. Amended by Act 2015, No. 1219,§ 2, eff. 7/22/2015. Amended by Act 2013, No. 1413,§ 15, eff. 4/22/2013. Amended by Act 2013, No. 1413,§ 14, eff. 4/22/2013. Amended by Act 2013, No. 1413,§ 13, eff. 4/22/2013. Acts 1943, No. 195, § 5; A.S.A. 1947, § 2-210; Acts 1989, No. 280, § 5; 1991, No. 1094, § 1; 1991, No. 1153, § 1; 1997, No. 646, § 7; 1997, No. 1145, § 1; 2005, No. 2145, § 15; 2007, No. 1049, § 30; 2009, No. 1480, § 46.

(a) The Secretary of State shall ascertain and declare the sufficiency or insufficiency of the signatures submitted on each statewide initiative petition and each statewide referendum petition within thirty (30) days after it is filed.

(b) The Secretary of State may contract with the various county clerks for their assistance in verifying the signatures on petitions. The county clerk shall return the petitions to the Secretary of State within ten (10) days.

(c) If the statewide initiative petition or statewide referendum petition is found to be sufficient, the Secretary of State shall certify and record the finding and perform such other duties relating thereto as are required by law.

(d) (1) If the signatures submitted on a statewide initiative petition or statewide referendum petition are found to be insufficient, the Secretary of State shall forthwith notify the sponsors in writing, through their designated agent, and shall set forth his or her reasons for so finding. When the notice is delivered, the sponsors shall have thirty (30) days in which to do any or all of the following: (A) Solicit and obtain additional signatures; or (B) Submit proof to show that the rejected signatures or some of them are good and should be counted. (2) Any amendments and corrections shall not materially change the purpose and effect of the statewide initiative petition or statewide referendum petition. No change shall be made in the measure. (3) The Secretary of State shall ascertain and declare the sufficiency or insufficiency of additional signatures submitted by the sponsors under this subsection within thirty (30) days of the filing of the supplemental petitions.

(1) If the signatures submitted on a statewide initiative petition or statewide referendum petition are found to be insufficient, the Secretary of State shall forthwith notify the sponsors in writing, through their designated agent, and shall set forth his or her reasons for so finding. When the notice is delivered, the sponsors shall have thirty (30) days in which to do any or all of the following: (A) Solicit and obtain additional signatures; or (B) Submit proof to show that the rejected signatures or some of them are good and should be counted.

(A) Solicit and obtain additional signatures; or

(B) Submit proof to show that the rejected signatures or some of them are good and should be counted.

(2) Any amendments and corrections shall not materially change the purpose and effect of the statewide initiative petition or statewide referendum petition. No change shall be made in the measure.

(3) The Secretary of State shall ascertain and declare the sufficiency or insufficiency of additional signatures submitted by the sponsors under this subsection within thirty (30) days of the filing of the supplemental petitions.

(e) (1) To assist the Secretary of State in ascertaining the sufficiency or insufficiency of each statewide initiative petition and each statewide referendum petition, all county clerks shall furnish at cost to the Secretary of State a single alphabetical list of all registered voters in their respective counties. The list shall be provided at least four (4) months before the election, and an updated list shall be provided at cost by September 1 in the year of the election. The list shall include the date of birth of each registered voter. (2) The State Board of Election Commissioners, upon the request of the county clerk, may grant a waiver from this provision if the board determines that the county clerk is unable to provide the list within the time required.

(1) To assist the Secretary of State in ascertaining the sufficiency or insufficiency of each statewide initiative petition and each statewide referendum petition, all county clerks shall furnish at cost to the Secretary of State a single alphabetical list of all registered voters in their respective counties. The list shall be provided at least four (4) months before the election, and an updated list shall be provided at cost by September 1 in the year of the election. The list shall include the date of birth of each registered voter.

(2) The State Board of Election Commissioners, upon the request of the county clerk, may grant a waiver from this provision if the board determines that the county clerk is unable to provide the list within the time required.

(f) (1) A person filing statewide initiative petitions or statewide referendum petitions with the Secretary of State shall bundle the petitions by county and shall file an affidavit stating the number of petitions and the total number of signatures being filed. (2) If signatures were obtained by paid canvassers, the person filing the petitions under this subsection shall also submit the following: (A) A statement identifying the paid canvassers by name; and (B) A statement signed by the sponsor indicating that the sponsor: (i) Provided a copy of the most recent edition of the Secretary of State's initiatives and referenda handbook to each paid canvasser before the paid canvasser solicited signatures; and (ii) Explained the requirements under Arkansas law for obtaining signatures on an initiative or referendum petition to each paid canvasser before the paid canvasser solicited signatures.

(1) A person filing statewide initiative petitions or statewide referendum petitions with the Secretary of State shall bundle the petitions by county and shall file an affidavit stating the number of petitions and the total number of signatures being filed.

(2) If signatures were obtained by paid canvassers, the person filing the petitions under this subsection shall also submit the following: (A) A statement identifying the paid canvassers by name; and (B) A statement signed by the sponsor indicating that the sponsor: (i) Provided a copy of the most recent edition of the Secretary of State's initiatives and referenda handbook to each paid canvasser before the paid canvasser solicited signatures; and (ii) Explained the requirements under Arkansas law for obtaining signatures on an initiative or referendum petition to each paid canvasser before the paid canvasser solicited signatures.

(A) A statement identifying the paid canvassers by name; and

(B) A statement signed by the sponsor indicating that the sponsor: (i) Provided a copy of the most recent edition of the Secretary of State's initiatives and referenda handbook to each paid canvasser before the paid canvasser solicited signatures; and (ii) Explained the requirements under Arkansas law for obtaining signatures on an initiative or referendum petition to each paid canvasser before the paid canvasser solicited signatures.

(i) Provided a copy of the most recent edition of the Secretary of State's initiatives and referenda handbook to each paid canvasser before the paid canvasser solicited signatures; and

(ii) Explained the requirements under Arkansas law for obtaining signatures on an initiative or referendum petition to each paid canvasser before the paid canvasser solicited signatures.

(g) All county initiative and referendum elections shall be held in accordance with the provisions of § 14-14-917 .

(h) Municipal referendum petition measures shall be submitted to the electors at a regular general election unless the petition expressly calls for a special election. If the date set by the petition does not allow sufficient time to comply with election procedures, then the city or town council shall fix the date for any special election on the referendum measure. The date of any special election shall be set in accordance with § 7-11-201 et seq. but in no event more than one hundred twenty (120) calendar days after the date of certification of sufficiency by the municipal clerk.

(i) [Repealed.]

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

Amended by Act 2019, No. 376,§ 9, eff. 3/8/2019.

Amended by Act 2015, No. 1219,§ 2, eff. 7/22/2015.

Amended by Act 2013, No. 1413,§ 15, eff. 4/22/2013.

Amended by Act 2013, No. 1413,§ 14, eff. 4/22/2013.

Amended by Act 2013, No. 1413,§ 13, eff. 4/22/2013.

Acts 1943, No. 195, § 5; A.S.A. 1947, § 2-210; Acts 1989, No. 280, § 5; 1991, No. 1094, § 1; 1991, No. 1153, § 1; 1997, No. 646, § 7; 1997, No. 1145, § 1; 2005, No. 2145, § 15; 2007, No. 1049, § 30; 2009, No. 1480, § 46.
Ark. Code Ann. § 7-5-520 — AR Code / Title 7 / Chapter 5 / Subchapter 5 / Section 7-5-520
Instructions for voters using voting machines
Status: in_force

During the election, each voter shall be instructed regarding the operation of voting machines before voting. The voter's attention shall also be called to the sample ballot, so that the voter shall become familiar with the questions, the names of the offices, and the names of the candidates. Acts 1969, No. 465, Art. 12, § 18; A.S.A. 1947, § 3-1218; Acts 1997, No. 446, § 15; 2005, No. 2233, § 24.

During the election, each voter shall be instructed regarding the operation of voting machines before voting. The voter's attention shall also be called to the sample ballot, so that the voter shall become familiar with the questions, the names of the offices, and the names of the candidates.

Acts 1969, No. 465, Art. 12, § 18; A.S.A. 1947, § 3-1218; Acts 1997, No. 446, § 15; 2005, No. 2233, § 24.