Ark. Code Ann. § 7-2-104 — AR Code / Title 7 / Chapter 2 / Section 7-2-104
Third Congressional District
Status: in_force

(a) The Third Congressional District shall be composed of: (1) The counties of Benton, Carroll, Crawford, Madison, and Washington; and (2) The voting precincts of Sebastian County as they existed on January 1, 2021, that are not listed under § 7-2-105(a)(3) . (b) The qualified electors residing in the counties and portions of Sebastian County listed under subsection (a) of this section shall elect one (1) member of the United States House of Representatives. Amended by Act 2021, No. 1116,§ 1, eff. 10/13/2021. Amended by Act 2021, No. 1114,§ 1, eff. 10/13/2021. Acts 1991, No. 1220, § 4; 2001, No. 1840, § 4; 2011, No. 1241, § 1; 2011, No. 1242, § 1.

(a) The Third Congressional District shall be composed of: (1) The counties of Benton, Carroll, Crawford, Madison, and Washington; and (2) The voting precincts of Sebastian County as they existed on January 1, 2021, that are not listed under § 7-2-105(a)(3) .

(1) The counties of Benton, Carroll, Crawford, Madison, and Washington; and

(2) The voting precincts of Sebastian County as they existed on January 1, 2021, that are not listed under § 7-2-105(a)(3) .

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

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

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

Acts 1991, No. 1220, § 4; 2001, No. 1840, § 4; 2011, No. 1241, § 1; 2011, No. 1242, § 1.
Ark. Code Ann. § 7-5-805 — AR Code / Title 7 / Chapter 5 / Subchapter 8 / Section 7-5-805
Contest of state legislative offices
Status: in_force

(a) Any contest to the eligibility, qualifications, or election to serve as a member of the Senate shall be in accordance with the rules and procedures for election contests as established by that chamber under its governing rules. (b) (1) (A) Any action to contest eligibility, qualification, or election to serve as a member of the House of Representatives shall be initiated by filing a complaint with the Arkansas State Claims Commission. (B) This procedure shall apply to House of Representatives election contests pursuant to Arkansas Constitution, Article 5, § 11, to contests of eligibility pursuant to Arkansas Constitution, Article 5, § 9, and to actions for expulsion pursuant to Arkansas Constitution, Article 5, § 12, except that a member of the House of Representatives shall be automatically suspended from the legislative process if a representative under felony criminal indictment is subsequently found guilty or pleads guilty. (C) (i) If a representative under a felony criminal indictment in any federal or state court is subsequently found guilty or pleads guilty to the charges, then the Speaker of the House of Representatives shall immediately declare the representative suspended from the legislative process, and notification shall be given to the convicted representative, all members of the House of Representatives, the Chief Clerk of the House of Representatives, the Governor, the Secretary of State, and the Auditor of State. (ii) (a) However, if a representative who was found guilty appeals that conviction, then the representative may petition the House Management Committee for a stay of the suspension from the legislative process, and the House Management Committee may grant a stay upon the filing of the petition and a notice of appeal to the relevant appellate court. (b) The stay of the suspension shall continue until the appeal is complete or until the House of Representatives takes final action on the conviction. (D) A representative suspended from the legislative process shall not participate in interim committee meetings nor in extraordinary or regular sessions of the General Assembly and shall not accept per diem and mileage but shall be eligible to retain the title of office and salary as a member of the General Assembly and is authorized to assist constituents and utilize legislative staff until a final action is taken by the House of Representatives. (2) For House of Representatives election contests, the complaint shall be filed within fifteen (15) days after the election returns are certified by the county board of election commissioners. A responsive pleading shall be filed by the House of Representatives contestee within fifteen (15) days after receipt of the complaint unless an earlier or later date is set by the commission for good cause shown. Upon receipt of the complaint, the commission shall establish a schedule for discovery and hearing, which schedule shall allow the commission to take and review evidence presented by the parties and submit a nonbinding recommendation to the House of Representatives no later than five (5) days before the date fixed for the assembling of the General Assembly. (3) For eligibility contests for the House of Representatives pursuant to Arkansas Constitution, Article 5, § 9, a complaint shall be filed at any time after the election of the individual to a seat in the House of Representatives. For action for expulsion from the House of Representatives pursuant to Arkansas Constitution, Article 5, § 12, the complaint shall be filed at any time permitted by law. A responsive pleading shall be filed within twenty (20) days after receipt of the complaint unless an earlier or later date is set by the commission for good cause shown. The commission shall establish a schedule for discovery and hearing, which schedule shall allow the commission to take and review evidence presented by the parties and submit a nonbinding recommendation to the House of Representatives in a timely fashion. (4) An additional copy of all complaints filed pursuant to this subsection shall be served on the Speaker of the House of Representatives. The Speaker of the House of Representatives shall appoint one (1) member of the chamber from each political party to serve as ex officio, nonvoting members of the commission for the consideration of all matters relating to the complaint. (5) In those actions concerning a seat in the House of Representatives, the recommendation is to be made to the Speaker of the House of Representatives. The Speaker of the House of Representatives shall present the nonbinding recommendation to the members of the House of Representatives, and the members shall take such actions as they deem appropriate. (6) The commission is authorized to promulgate any rules necessary to carry out the provisions set forth herein regarding contests for the seats in the House of Representatives. Amended by Act 2019, No. 315,§ 420, eff. 7/24/2019. Acts 1969, No. 465, Art. 10, § 8; A.S.A. 1947, § 3-1008; Acts 1991, No. 1014, § 1; 2001, No. 452, § 1.

(a) Any contest to the eligibility, qualifications, or election to serve as a member of the Senate shall be in accordance with the rules and procedures for election contests as established by that chamber under its governing rules.

(b) (1) (A) Any action to contest eligibility, qualification, or election to serve as a member of the House of Representatives shall be initiated by filing a complaint with the Arkansas State Claims Commission. (B) This procedure shall apply to House of Representatives election contests pursuant to Arkansas Constitution, Article 5, § 11, to contests of eligibility pursuant to Arkansas Constitution, Article 5, § 9, and to actions for expulsion pursuant to Arkansas Constitution, Article 5, § 12, except that a member of the House of Representatives shall be automatically suspended from the legislative process if a representative under felony criminal indictment is subsequently found guilty or pleads guilty. (C) (i) If a representative under a felony criminal indictment in any federal or state court is subsequently found guilty or pleads guilty to the charges, then the Speaker of the House of Representatives shall immediately declare the representative suspended from the legislative process, and notification shall be given to the convicted representative, all members of the House of Representatives, the Chief Clerk of the House of Representatives, the Governor, the Secretary of State, and the Auditor of State. (ii) (a) However, if a representative who was found guilty appeals that conviction, then the representative may petition the House Management Committee for a stay of the suspension from the legislative process, and the House Management Committee may grant a stay upon the filing of the petition and a notice of appeal to the relevant appellate court. (b) The stay of the suspension shall continue until the appeal is complete or until the House of Representatives takes final action on the conviction. (D) A representative suspended from the legislative process shall not participate in interim committee meetings nor in extraordinary or regular sessions of the General Assembly and shall not accept per diem and mileage but shall be eligible to retain the title of office and salary as a member of the General Assembly and is authorized to assist constituents and utilize legislative staff until a final action is taken by the House of Representatives. (2) For House of Representatives election contests, the complaint shall be filed within fifteen (15) days after the election returns are certified by the county board of election commissioners. A responsive pleading shall be filed by the House of Representatives contestee within fifteen (15) days after receipt of the complaint unless an earlier or later date is set by the commission for good cause shown. Upon receipt of the complaint, the commission shall establish a schedule for discovery and hearing, which schedule shall allow the commission to take and review evidence presented by the parties and submit a nonbinding recommendation to the House of Representatives no later than five (5) days before the date fixed for the assembling of the General Assembly. (3) For eligibility contests for the House of Representatives pursuant to Arkansas Constitution, Article 5, § 9, a complaint shall be filed at any time after the election of the individual to a seat in the House of Representatives. For action for expulsion from the House of Representatives pursuant to Arkansas Constitution, Article 5, § 12, the complaint shall be filed at any time permitted by law. A responsive pleading shall be filed within twenty (20) days after receipt of the complaint unless an earlier or later date is set by the commission for good cause shown. The commission shall establish a schedule for discovery and hearing, which schedule shall allow the commission to take and review evidence presented by the parties and submit a nonbinding recommendation to the House of Representatives in a timely fashion. (4) An additional copy of all complaints filed pursuant to this subsection shall be served on the Speaker of the House of Representatives. The Speaker of the House of Representatives shall appoint one (1) member of the chamber from each political party to serve as ex officio, nonvoting members of the commission for the consideration of all matters relating to the complaint. (5) In those actions concerning a seat in the House of Representatives, the recommendation is to be made to the Speaker of the House of Representatives. The Speaker of the House of Representatives shall present the nonbinding recommendation to the members of the House of Representatives, and the members shall take such actions as they deem appropriate. (6) The commission is authorized to promulgate any rules necessary to carry out the provisions set forth herein regarding contests for the seats in the House of Representatives.

(1) (A) Any action to contest eligibility, qualification, or election to serve as a member of the House of Representatives shall be initiated by filing a complaint with the Arkansas State Claims Commission. (B) This procedure shall apply to House of Representatives election contests pursuant to Arkansas Constitution, Article 5, § 11, to contests of eligibility pursuant to Arkansas Constitution, Article 5, § 9, and to actions for expulsion pursuant to Arkansas Constitution, Article 5, § 12, except that a member of the House of Representatives shall be automatically suspended from the legislative process if a representative under felony criminal indictment is subsequently found guilty or pleads guilty. (C) (i) If a representative under a felony criminal indictment in any federal or state court is subsequently found guilty or pleads guilty to the charges, then the Speaker of the House of Representatives shall immediately declare the representative suspended from the legislative process, and notification shall be given to the convicted representative, all members of the House of Representatives, the Chief Clerk of the House of Representatives, the Governor, the Secretary of State, and the Auditor of State. (ii) (a) However, if a representative who was found guilty appeals that conviction, then the representative may petition the House Management Committee for a stay of the suspension from the legislative process, and the House Management Committee may grant a stay upon the filing of the petition and a notice of appeal to the relevant appellate court. (b) The stay of the suspension shall continue until the appeal is complete or until the House of Representatives takes final action on the conviction. (D) A representative suspended from the legislative process shall not participate in interim committee meetings nor in extraordinary or regular sessions of the General Assembly and shall not accept per diem and mileage but shall be eligible to retain the title of office and salary as a member of the General Assembly and is authorized to assist constituents and utilize legislative staff until a final action is taken by the House of Representatives.

(A) Any action to contest eligibility, qualification, or election to serve as a member of the House of Representatives shall be initiated by filing a complaint with the Arkansas State Claims Commission.

(B) This procedure shall apply to House of Representatives election contests pursuant to Arkansas Constitution, Article 5, § 11, to contests of eligibility pursuant to Arkansas Constitution, Article 5, § 9, and to actions for expulsion pursuant to Arkansas Constitution, Article 5, § 12, except that a member of the House of Representatives shall be automatically suspended from the legislative process if a representative under felony criminal indictment is subsequently found guilty or pleads guilty.

(C) (i) If a representative under a felony criminal indictment in any federal or state court is subsequently found guilty or pleads guilty to the charges, then the Speaker of the House of Representatives shall immediately declare the representative suspended from the legislative process, and notification shall be given to the convicted representative, all members of the House of Representatives, the Chief Clerk of the House of Representatives, the Governor, the Secretary of State, and the Auditor of State. (ii) (a) However, if a representative who was found guilty appeals that conviction, then the representative may petition the House Management Committee for a stay of the suspension from the legislative process, and the House Management Committee may grant a stay upon the filing of the petition and a notice of appeal to the relevant appellate court. (b) The stay of the suspension shall continue until the appeal is complete or until the House of Representatives takes final action on the conviction.

(i) If a representative under a felony criminal indictment in any federal or state court is subsequently found guilty or pleads guilty to the charges, then the Speaker of the House of Representatives shall immediately declare the representative suspended from the legislative process, and notification shall be given to the convicted representative, all members of the House of Representatives, the Chief Clerk of the House of Representatives, the Governor, the Secretary of State, and the Auditor of State.

(ii) (a) However, if a representative who was found guilty appeals that conviction, then the representative may petition the House Management Committee for a stay of the suspension from the legislative process, and the House Management Committee may grant a stay upon the filing of the petition and a notice of appeal to the relevant appellate court. (b) The stay of the suspension shall continue until the appeal is complete or until the House of Representatives takes final action on the conviction.

(a) However, if a representative who was found guilty appeals that conviction, then the representative may petition the House Management Committee for a stay of the suspension from the legislative process, and the House Management Committee may grant a stay upon the filing of the petition and a notice of appeal to the relevant appellate court.

(b) The stay of the suspension shall continue until the appeal is complete or until the House of Representatives takes final action on the conviction.

(D) A representative suspended from the legislative process shall not participate in interim committee meetings nor in extraordinary or regular sessions of the General Assembly and shall not accept per diem and mileage but shall be eligible to retain the title of office and salary as a member of the General Assembly and is authorized to assist constituents and utilize legislative staff until a final action is taken by the House of Representatives.

(2) For House of Representatives election contests, the complaint shall be filed within fifteen (15) days after the election returns are certified by the county board of election commissioners. A responsive pleading shall be filed by the House of Representatives contestee within fifteen (15) days after receipt of the complaint unless an earlier or later date is set by the commission for good cause shown. Upon receipt of the complaint, the commission shall establish a schedule for discovery and hearing, which schedule shall allow the commission to take and review evidence presented by the parties and submit a nonbinding recommendation to the House of Representatives no later than five (5) days before the date fixed for the assembling of the General Assembly.

(3) For eligibility contests for the House of Representatives pursuant to Arkansas Constitution, Article 5, § 9, a complaint shall be filed at any time after the election of the individual to a seat in the House of Representatives. For action for expulsion from the House of Representatives pursuant to Arkansas Constitution, Article 5, § 12, the complaint shall be filed at any time permitted by law. A responsive pleading shall be filed within twenty (20) days after receipt of the complaint unless an earlier or later date is set by the commission for good cause shown. The commission shall establish a schedule for discovery and hearing, which schedule shall allow the commission to take and review evidence presented by the parties and submit a nonbinding recommendation to the House of Representatives in a timely fashion.

(4) An additional copy of all complaints filed pursuant to this subsection shall be served on the Speaker of the House of Representatives. The Speaker of the House of Representatives shall appoint one (1) member of the chamber from each political party to serve as ex officio, nonvoting members of the commission for the consideration of all matters relating to the complaint.

(5) In those actions concerning a seat in the House of Representatives, the recommendation is to be made to the Speaker of the House of Representatives. The Speaker of the House of Representatives shall present the nonbinding recommendation to the members of the House of Representatives, and the members shall take such actions as they deem appropriate.

(6) The commission is authorized to promulgate any rules necessary to carry out the provisions set forth herein regarding contests for the seats in the House of Representatives.

Amended by Act 2019, No. 315,§ 420, eff. 7/24/2019.

Acts 1969, No. 465, Art. 10, § 8; A.S.A. 1947, § 3-1008; Acts 1991, No. 1014, § 1; 2001, No. 452, § 1.
Ark. Code Ann. § 7-4-118 — AR Code / Title 7 / Chapter 4 / Subchapter 1 / Section 7-4-118
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1253,§ 2, eff. 7/22/2015. Amended by Act 2013, No. 1126,§ 3, eff. 8/16/2013. Acts 2003, No. 1161, § 2; 2007, No. 559, § 4.

Repealed by Act 2015, No. 1253,§ 2, eff. 7/22/2015.

Amended by Act 2013, No. 1126,§ 3, eff. 8/16/2013.

Acts 2003, No. 1161, § 2; 2007, No. 559, § 4.
Ark. Code Ann. § 7-5-515 — AR Code / Title 7 / Chapter 5 / Subchapter 5 / Section 7-5-515
Preparation of machines for election - Logic and accuracy testing and public testing
Status: in_force

(a) Immediately upon the proper certification of candidates and questions, the county board of election commissioners shall oversee programming of the election, proof the ballots, prepare the voting machines, and test and adjust the voting machines for the election. (b) In performing these functions, the county board of election commissioners may be assisted by experts appointed or employed by the county board of election commissioners. (c) (1) (A) As soon as the election media is prepared, but no later than seven (7) days before the beginning of voting, the county board of election commissioners, with respect to all elections except a runoff election under subdivision (c)(1)(B) of this section, shall conduct logic and accuracy testing by having all election media tested to ascertain that the voting system has been correctly configured and will correctly tabulate the votes cast for all offices and on all measures. (B) As soon as the election media is prepared, but no later than five (5) days before the beginning of voting, the county board of election commissioners, with respect to a runoff election, shall conduct logic and accuracy testing by having all runoff election media tested to ascertain that the voting system has been correctly configured and will correctly tabulate the votes cast for all offices and on all measures. (2) In addition to the logic and accuracy testing under subdivision (c)(1) of this section, the county board of election commissioners shall conduct public testing as follows: (A) The county board of election commissioners shall give public notice of the time and place of the test at least forty-eight (48) hours prior to the public test by publication one (1) time in one (1) or more daily or weekly newspapers published in the town, city, or county using the machines if a newspaper is published in the town, city, or county; (B) The public test shall be open to representatives of the political parties, candidates, media, and the public; (C) (i) The public test shall be conducted by processing a preaudited group of test ballots that are to be voted on the machines so as to record a predetermined number of valid votes for each candidate and on each measure. (ii) The public test shall include for each office one (1) or more ballots which have votes in excess of the number allowed by law in order to test the ability of the machines to reject the votes; and (D) If any error is detected, the cause shall be ascertained and corrected and an errorless count shall be made before the machine is approved. (d) After completion of the logic and accuracy test and the public test, the ballots and programs used shall be sealed, retained, and disposed of as provided by law. (e) After completion of the logic and accuracy test and the public test, the county board of election commissioners shall certify the accuracy of the voting system by: (1) Sending a copy of the electronic results to the Secretary of State; and (2) Filing the test results with the county clerk. Amended by Act 2019, No. 966,§ 6, eff. 7/24/2019. Amended by Act 2017, No. 164,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 1218,§ 9, eff. 7/22/2015. Acts 1969, No. 465, Art. 12, §§ 10, 13; A.S.A. 1947, §§ 3-1210, 3-1213; Acts 1997, No. 446, § 10; 2005, No. 2233, § 20; 2009, No. 1480, § 33.

(a) Immediately upon the proper certification of candidates and questions, the county board of election commissioners shall oversee programming of the election, proof the ballots, prepare the voting machines, and test and adjust the voting machines for the election.

(b) In performing these functions, the county board of election commissioners may be assisted by experts appointed or employed by the county board of election commissioners.

(c) (1) (A) As soon as the election media is prepared, but no later than seven (7) days before the beginning of voting, the county board of election commissioners, with respect to all elections except a runoff election under subdivision (c)(1)(B) of this section, shall conduct logic and accuracy testing by having all election media tested to ascertain that the voting system has been correctly configured and will correctly tabulate the votes cast for all offices and on all measures. (B) As soon as the election media is prepared, but no later than five (5) days before the beginning of voting, the county board of election commissioners, with respect to a runoff election, shall conduct logic and accuracy testing by having all runoff election media tested to ascertain that the voting system has been correctly configured and will correctly tabulate the votes cast for all offices and on all measures. (2) In addition to the logic and accuracy testing under subdivision (c)(1) of this section, the county board of election commissioners shall conduct public testing as follows: (A) The county board of election commissioners shall give public notice of the time and place of the test at least forty-eight (48) hours prior to the public test by publication one (1) time in one (1) or more daily or weekly newspapers published in the town, city, or county using the machines if a newspaper is published in the town, city, or county; (B) The public test shall be open to representatives of the political parties, candidates, media, and the public; (C) (i) The public test shall be conducted by processing a preaudited group of test ballots that are to be voted on the machines so as to record a predetermined number of valid votes for each candidate and on each measure. (ii) The public test shall include for each office one (1) or more ballots which have votes in excess of the number allowed by law in order to test the ability of the machines to reject the votes; and (D) If any error is detected, the cause shall be ascertained and corrected and an errorless count shall be made before the machine is approved.

(1) (A) As soon as the election media is prepared, but no later than seven (7) days before the beginning of voting, the county board of election commissioners, with respect to all elections except a runoff election under subdivision (c)(1)(B) of this section, shall conduct logic and accuracy testing by having all election media tested to ascertain that the voting system has been correctly configured and will correctly tabulate the votes cast for all offices and on all measures. (B) As soon as the election media is prepared, but no later than five (5) days before the beginning of voting, the county board of election commissioners, with respect to a runoff election, shall conduct logic and accuracy testing by having all runoff election media tested to ascertain that the voting system has been correctly configured and will correctly tabulate the votes cast for all offices and on all measures.

(A) As soon as the election media is prepared, but no later than seven (7) days before the beginning of voting, the county board of election commissioners, with respect to all elections except a runoff election under subdivision (c)(1)(B) of this section, shall conduct logic and accuracy testing by having all election media tested to ascertain that the voting system has been correctly configured and will correctly tabulate the votes cast for all offices and on all measures.

(B) As soon as the election media is prepared, but no later than five (5) days before the beginning of voting, the county board of election commissioners, with respect to a runoff election, shall conduct logic and accuracy testing by having all runoff election media tested to ascertain that the voting system has been correctly configured and will correctly tabulate the votes cast for all offices and on all measures.

(2) In addition to the logic and accuracy testing under subdivision (c)(1) of this section, the county board of election commissioners shall conduct public testing as follows: (A) The county board of election commissioners shall give public notice of the time and place of the test at least forty-eight (48) hours prior to the public test by publication one (1) time in one (1) or more daily or weekly newspapers published in the town, city, or county using the machines if a newspaper is published in the town, city, or county; (B) The public test shall be open to representatives of the political parties, candidates, media, and the public; (C) (i) The public test shall be conducted by processing a preaudited group of test ballots that are to be voted on the machines so as to record a predetermined number of valid votes for each candidate and on each measure. (ii) The public test shall include for each office one (1) or more ballots which have votes in excess of the number allowed by law in order to test the ability of the machines to reject the votes; and (D) If any error is detected, the cause shall be ascertained and corrected and an errorless count shall be made before the machine is approved.

(A) The county board of election commissioners shall give public notice of the time and place of the test at least forty-eight (48) hours prior to the public test by publication one (1) time in one (1) or more daily or weekly newspapers published in the town, city, or county using the machines if a newspaper is published in the town, city, or county;

(B) The public test shall be open to representatives of the political parties, candidates, media, and the public;

(C) (i) The public test shall be conducted by processing a preaudited group of test ballots that are to be voted on the machines so as to record a predetermined number of valid votes for each candidate and on each measure. (ii) The public test shall include for each office one (1) or more ballots which have votes in excess of the number allowed by law in order to test the ability of the machines to reject the votes; and

(i) The public test shall be conducted by processing a preaudited group of test ballots that are to be voted on the machines so as to record a predetermined number of valid votes for each candidate and on each measure.

(ii) The public test shall include for each office one (1) or more ballots which have votes in excess of the number allowed by law in order to test the ability of the machines to reject the votes; and

(D) If any error is detected, the cause shall be ascertained and corrected and an errorless count shall be made before the machine is approved.

(d) After completion of the logic and accuracy test and the public test, the ballots and programs used shall be sealed, retained, and disposed of as provided by law.

(e) After completion of the logic and accuracy test and the public test, the county board of election commissioners shall certify the accuracy of the voting system by: (1) Sending a copy of the electronic results to the Secretary of State; and (2) Filing the test results with the county clerk.

(1) Sending a copy of the electronic results to the Secretary of State; and

(2) Filing the test results with the county clerk.

Amended by Act 2019, No. 966,§ 6, eff. 7/24/2019.

Amended by Act 2017, No. 164,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 1218,§ 9, eff. 7/22/2015.

Acts 1969, No. 465, Art. 12, §§ 10, 13; A.S.A. 1947, §§ 3-1210, 3-1213; Acts 1997, No. 446, § 10; 2005, No. 2233, § 20; 2009, No. 1480, § 33.
Ark. Code Ann. § 7-5-102 — AR Code / Title 7 / Chapter 5 / Subchapter 1 / Section 7-5-102
Time of general election
Status: in_force

On the Tuesday next after the first Monday in November in every even-numbered year, there shall be held an election in each precinct and ward in this state for the election of: (1) All elective state, county, and township officers whose term of office is fixed at two (2) years by the Arkansas Constitution or the General Assembly; (2) State senators in their respective districts when the terms for which the state senators have been elected expire before the next general election; (3) Members of the United States House of Representatives for each congressional district in this state; and (4) United States Senators when the term of office of any United States Senator expires before the next general election. Amended by Act 2013, No. 1110,§ 3, eff. 8/16/2013. Acts 1969, No. 465, Art. 6, § 2; A.S.A. 1947, § 3-602; Acts 1993, No. 512, § 1; 2005, No. 67, § 5.

On the Tuesday next after the first Monday in November in every even-numbered year, there shall be held an election in each precinct and ward in this state for the election of:

(1) All elective state, county, and township officers whose term of office is fixed at two (2) years by the Arkansas Constitution or the General Assembly;

(2) State senators in their respective districts when the terms for which the state senators have been elected expire before the next general election;

(3) Members of the United States House of Representatives for each congressional district in this state; and

(4) United States Senators when the term of office of any United States Senator expires before the next general election.

Amended by Act 2013, No. 1110,§ 3, eff. 8/16/2013.

Acts 1969, No. 465, Art. 6, § 2; A.S.A. 1947, § 3-602; Acts 1993, No. 512, § 1; 2005, No. 67, § 5.
Ark. Code Ann. § 7-9-119 — AR Code / Title 7 / Chapter 9 / Subchapter 1 / Section 7-9-119
Counting, canvass, and return of votes - Proclamation of result - Effective date
Status: in_force

(a) The vote on each measure shall be counted, tabulated, and returned by the proper precinct election officials to the county board of election commissioners in each county at the time and in the manner the vote for candidates for state and county officers is tabulated, canvassed, and returned. (b) An abstract of all votes cast on any measure shall be certified by the county board of election commissioners and delivered or postmarked to the Secretary of State no earlier than forty-eight (48) hours and no later than fifteen (15) calendar days after the election is held. (c) It shall be the duty of the Secretary of State to canvass the returns on each measure not later than ten (10) days thereafter and to certify the result to the Governor and to the State Board of Election Commissioners. (d) (1) (A) The Governor shall thereupon issue a proclamation showing the total number of votes cast and the number cast for and the number cast against each measure and shall declare the measure adopted or rejected, as the facts appear. (B) If the Governor declares any measure adopted, it shall be in full force and effect thirty (30) days after the election unless otherwise provided in the measure. (2) However, amendments to the Arkansas Constitution shall also be declared adopted or rejected by the Speaker of the House of Representatives, as is provided by the Arkansas Constitution. Acts 1943, No. 195, § 10; A.S.A. 1947, § 2-218; Acts 1997, No. 646, § 10; 2005, No. 1677, § 6.

(a) The vote on each measure shall be counted, tabulated, and returned by the proper precinct election officials to the county board of election commissioners in each county at the time and in the manner the vote for candidates for state and county officers is tabulated, canvassed, and returned.

(b) An abstract of all votes cast on any measure shall be certified by the county board of election commissioners and delivered or postmarked to the Secretary of State no earlier than forty-eight (48) hours and no later than fifteen (15) calendar days after the election is held.

(c) It shall be the duty of the Secretary of State to canvass the returns on each measure not later than ten (10) days thereafter and to certify the result to the Governor and to the State Board of Election Commissioners.

(d) (1) (A) The Governor shall thereupon issue a proclamation showing the total number of votes cast and the number cast for and the number cast against each measure and shall declare the measure adopted or rejected, as the facts appear. (B) If the Governor declares any measure adopted, it shall be in full force and effect thirty (30) days after the election unless otherwise provided in the measure. (2) However, amendments to the Arkansas Constitution shall also be declared adopted or rejected by the Speaker of the House of Representatives, as is provided by the Arkansas Constitution.

(1) (A) The Governor shall thereupon issue a proclamation showing the total number of votes cast and the number cast for and the number cast against each measure and shall declare the measure adopted or rejected, as the facts appear. (B) If the Governor declares any measure adopted, it shall be in full force and effect thirty (30) days after the election unless otherwise provided in the measure.

(A) The Governor shall thereupon issue a proclamation showing the total number of votes cast and the number cast for and the number cast against each measure and shall declare the measure adopted or rejected, as the facts appear.

(B) If the Governor declares any measure adopted, it shall be in full force and effect thirty (30) days after the election unless otherwise provided in the measure.

(2) However, amendments to the Arkansas Constitution shall also be declared adopted or rejected by the Speaker of the House of Representatives, as is provided by the Arkansas Constitution.

Acts 1943, No. 195, § 10; A.S.A. 1947, § 2-218; Acts 1997, No. 646, § 10; 2005, No. 1677, § 6.
Ark. Code Ann. § 7-5-405 — AR Code / Title 7 / Chapter 5 / Subchapter 4 / Section 7-5-405
Application form
Status: in_force

(a) (1) Applications for absentee ballots may be made on a form or forms prescribed by the Secretary of State and furnished by the county clerk at least sixty (60) days before the election. (2) The form or forms shall contain the following information: (A) The following statement: "IF YOU PROVIDE FALSE INFORMATION ON THIS FORM, YOU MAY BE GUILTY OF PERJURY AND SUBJECT TO A FINE OF UP TO $10,000 OR IMPRISONMENT FOR UP TO 10 YEARS."; (B) A statement in which the voter must indicate that he or she is requesting an absentee ballot because he or she will be: (i) Unavoidably absent from the polling site on election day; (ii) Unable to attend the polls on election day because of illness or physical disability; (iii) Unable to attend the polls on election day because of residence in a long-term care or residential facility licensed by the state; or (iv) Unable to attend the polls due to observance of a religious discipline or religious holiday during the entire twelve (12) hours that the polls are open on election day; (C) A statement by the voter indicating whether he or she resides outside the county; (D) A statement indicating whether the voter is a United States citizen residing outside the territorial limits of the United States; (E) A statement indicating whether the voter is in active service as a member of the armed services of the United States; (F) Mailing information for the ballot or the name and signature of a designated bearer, an administrator, or an authorized agent; (G) The date, the voter's printed or typed name, voting residence address, date of birth, and the voter's signature attesting to the correctness of the information provided under penalty of perjury; (H) The election in which the voter wishes to cast an absentee ballot; and (I) A statement indicating whether the voter has received assistance filling out the application for an absentee ballot, and the name, address, and signature of the person providing assistance. (3) (A) The form or forms shall contain a portion to include a sworn statement that may be completed by a voter stating that the voter is registered to vote and that he or she is the person who is registered. (B) The sworn statement portion of the form or forms under subdivision (a)(3)(A) of this section is not required to be notarized but shall be executed by the voter under penalty of perjury. (b) The Secretary of State may prescribe separate absentee ballot application forms for: (1) (A) Persons who reside within the county in which they are registered to vote and will be unavoidably absent from the polls on the date of the election. (B) The application shall be valid for one (1) election cycle, which includes any one (1) election and the corresponding runoff election; (2) (A) Persons whose application would be valid for one (1) calendar year. (B) This includes the following: (i) Persons who reside outside the county in which they are registered to vote; (ii) Persons in long-term care or residential facilities licensed by the state; and (iii) Voters with disabilities; and (3) Persons whose applications would be valid through the next regularly scheduled general election for federal office, including any resulting runoff elections. (c) Any person may distribute blank applications for absentee ballots. Amended by Act 2023, No. 320,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 141,§ 2, eff. 8/1/2023. Amended by Act 2017, No. 633,§ 10, eff. 8/1/2017. Amended by Act 2013, No. 1424,§ 4, eff. 8/16/2013. Acts 1969, No. 465, Art. 9, § 5; 1971, No. 184, § 2; 1983, No. 430, § 2; 1985, No. 1019, § 2; A.S.A. 1947, § 3-905; Acts 1987, No. 843, § 2; 1989, No. 912, § 7; 1993, No. 303, § 2; 1993, No. 1201, § 2; 1995, No. 686, § 5; 1995, No. 948, § 5; 1997, No. 1092, § 2; 1999, No. 918, § 1; 2001, No. 1789, § 9; 2003, No. 1202, § 1; 2003, No. 1275, § 1; 2005, No. 67, § 12; 2007, No. 543, § 3; 2007, No. 556, § 4; 2009, No. 250, §§ 5, 6; 2011, No. 1188, § 2.

(a) (1) Applications for absentee ballots may be made on a form or forms prescribed by the Secretary of State and furnished by the county clerk at least sixty (60) days before the election. (2) The form or forms shall contain the following information: (A) The following statement: "IF YOU PROVIDE FALSE INFORMATION ON THIS FORM, YOU MAY BE GUILTY OF PERJURY AND SUBJECT TO A FINE OF UP TO $10,000 OR IMPRISONMENT FOR UP TO 10 YEARS."; (B) A statement in which the voter must indicate that he or she is requesting an absentee ballot because he or she will be: (i) Unavoidably absent from the polling site on election day; (ii) Unable to attend the polls on election day because of illness or physical disability; (iii) Unable to attend the polls on election day because of residence in a long-term care or residential facility licensed by the state; or (iv) Unable to attend the polls due to observance of a religious discipline or religious holiday during the entire twelve (12) hours that the polls are open on election day; (C) A statement by the voter indicating whether he or she resides outside the county; (D) A statement indicating whether the voter is a United States citizen residing outside the territorial limits of the United States; (E) A statement indicating whether the voter is in active service as a member of the armed services of the United States; (F) Mailing information for the ballot or the name and signature of a designated bearer, an administrator, or an authorized agent; (G) The date, the voter's printed or typed name, voting residence address, date of birth, and the voter's signature attesting to the correctness of the information provided under penalty of perjury; (H) The election in which the voter wishes to cast an absentee ballot; and (I) A statement indicating whether the voter has received assistance filling out the application for an absentee ballot, and the name, address, and signature of the person providing assistance. (3) (A) The form or forms shall contain a portion to include a sworn statement that may be completed by a voter stating that the voter is registered to vote and that he or she is the person who is registered. (B) The sworn statement portion of the form or forms under subdivision (a)(3)(A) of this section is not required to be notarized but shall be executed by the voter under penalty of perjury.

(1) Applications for absentee ballots may be made on a form or forms prescribed by the Secretary of State and furnished by the county clerk at least sixty (60) days before the election.

(2) The form or forms shall contain the following information: (A) The following statement: "IF YOU PROVIDE FALSE INFORMATION ON THIS FORM, YOU MAY BE GUILTY OF PERJURY AND SUBJECT TO A FINE OF UP TO $10,000 OR IMPRISONMENT FOR UP TO 10 YEARS."; (B) A statement in which the voter must indicate that he or she is requesting an absentee ballot because he or she will be: (i) Unavoidably absent from the polling site on election day; (ii) Unable to attend the polls on election day because of illness or physical disability; (iii) Unable to attend the polls on election day because of residence in a long-term care or residential facility licensed by the state; or (iv) Unable to attend the polls due to observance of a religious discipline or religious holiday during the entire twelve (12) hours that the polls are open on election day; (C) A statement by the voter indicating whether he or she resides outside the county; (D) A statement indicating whether the voter is a United States citizen residing outside the territorial limits of the United States; (E) A statement indicating whether the voter is in active service as a member of the armed services of the United States; (F) Mailing information for the ballot or the name and signature of a designated bearer, an administrator, or an authorized agent; (G) The date, the voter's printed or typed name, voting residence address, date of birth, and the voter's signature attesting to the correctness of the information provided under penalty of perjury; (H) The election in which the voter wishes to cast an absentee ballot; and (I) A statement indicating whether the voter has received assistance filling out the application for an absentee ballot, and the name, address, and signature of the person providing assistance.

(A) The following statement: "IF YOU PROVIDE FALSE INFORMATION ON THIS FORM, YOU MAY BE GUILTY OF PERJURY AND SUBJECT TO A FINE OF UP TO $10,000 OR IMPRISONMENT FOR UP TO 10 YEARS.";

"IF YOU PROVIDE FALSE INFORMATION ON THIS FORM, YOU MAY BE GUILTY OF PERJURY AND SUBJECT TO A FINE OF UP TO $10,000 OR IMPRISONMENT FOR UP TO 10 YEARS.";

(B) A statement in which the voter must indicate that he or she is requesting an absentee ballot because he or she will be: (i) Unavoidably absent from the polling site on election day; (ii) Unable to attend the polls on election day because of illness or physical disability; (iii) Unable to attend the polls on election day because of residence in a long-term care or residential facility licensed by the state; or (iv) Unable to attend the polls due to observance of a religious discipline or religious holiday during the entire twelve (12) hours that the polls are open on election day;

(i) Unavoidably absent from the polling site on election day;

(ii) Unable to attend the polls on election day because of illness or physical disability;

(iii) Unable to attend the polls on election day because of residence in a long-term care or residential facility licensed by the state; or

(iv) Unable to attend the polls due to observance of a religious discipline or religious holiday during the entire twelve (12) hours that the polls are open on election day;

(C) A statement by the voter indicating whether he or she resides outside the county;

(D) A statement indicating whether the voter is a United States citizen residing outside the territorial limits of the United States;

(E) A statement indicating whether the voter is in active service as a member of the armed services of the United States;

(F) Mailing information for the ballot or the name and signature of a designated bearer, an administrator, or an authorized agent;

(G) The date, the voter's printed or typed name, voting residence address, date of birth, and the voter's signature attesting to the correctness of the information provided under penalty of perjury;

(H) The election in which the voter wishes to cast an absentee ballot; and

(I) A statement indicating whether the voter has received assistance filling out the application for an absentee ballot, and the name, address, and signature of the person providing assistance.

(3) (A) The form or forms shall contain a portion to include a sworn statement that may be completed by a voter stating that the voter is registered to vote and that he or she is the person who is registered. (B) The sworn statement portion of the form or forms under subdivision (a)(3)(A) of this section is not required to be notarized but shall be executed by the voter under penalty of perjury.

(A) The form or forms shall contain a portion to include a sworn statement that may be completed by a voter stating that the voter is registered to vote and that he or she is the person who is registered.

(B) The sworn statement portion of the form or forms under subdivision (a)(3)(A) of this section is not required to be notarized but shall be executed by the voter under penalty of perjury.

(b) The Secretary of State may prescribe separate absentee ballot application forms for: (1) (A) Persons who reside within the county in which they are registered to vote and will be unavoidably absent from the polls on the date of the election. (B) The application shall be valid for one (1) election cycle, which includes any one (1) election and the corresponding runoff election; (2) (A) Persons whose application would be valid for one (1) calendar year. (B) This includes the following: (i) Persons who reside outside the county in which they are registered to vote; (ii) Persons in long-term care or residential facilities licensed by the state; and (iii) Voters with disabilities; and (3) Persons whose applications would be valid through the next regularly scheduled general election for federal office, including any resulting runoff elections.

(1) (A) Persons who reside within the county in which they are registered to vote and will be unavoidably absent from the polls on the date of the election. (B) The application shall be valid for one (1) election cycle, which includes any one (1) election and the corresponding runoff election;

(A) Persons who reside within the county in which they are registered to vote and will be unavoidably absent from the polls on the date of the election.

(B) The application shall be valid for one (1) election cycle, which includes any one (1) election and the corresponding runoff election;

(2) (A) Persons whose application would be valid for one (1) calendar year. (B) This includes the following: (i) Persons who reside outside the county in which they are registered to vote; (ii) Persons in long-term care or residential facilities licensed by the state; and (iii) Voters with disabilities; and

(A) Persons whose application would be valid for one (1) calendar year.

(B) This includes the following: (i) Persons who reside outside the county in which they are registered to vote; (ii) Persons in long-term care or residential facilities licensed by the state; and (iii) Voters with disabilities; and

(i) Persons who reside outside the county in which they are registered to vote;

(ii) Persons in long-term care or residential facilities licensed by the state; and

(iii) Voters with disabilities; and

(3) Persons whose applications would be valid through the next regularly scheduled general election for federal office, including any resulting runoff elections.

(c) Any person may distribute blank applications for absentee ballots.

Amended by Act 2023, No. 320,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 141,§ 2, eff. 8/1/2023.

Amended by Act 2017, No. 633,§ 10, eff. 8/1/2017.

Amended by Act 2013, No. 1424,§ 4, eff. 8/16/2013.

Acts 1969, No. 465, Art. 9, § 5; 1971, No. 184, § 2; 1983, No. 430, § 2; 1985, No. 1019, § 2; A.S.A. 1947, § 3-905; Acts 1987, No. 843, § 2; 1989, No. 912, § 7; 1993, No. 303, § 2; 1993, No. 1201, § 2; 1995, No. 686, § 5; 1995, No. 948, § 5; 1997, No. 1092, § 2; 1999, No. 918, § 1; 2001, No. 1789, § 9; 2003, No. 1202, § 1; 2003, No. 1275, § 1; 2005, No. 67, § 12; 2007, No. 543, § 3; 2007, No. 556, § 4; 2009, No. 250, §§ 5, 6; 2011, No. 1188, § 2.
Ark. Code Ann. § 7-5-402 — AR Code / Title 7 / Chapter 5 / Subchapter 4 / Section 7-5-402
Voter qualification
Status: in_force

The following persons, if possessing the qualifications of electors, may cast an absentee ballot in any election: (1) Any person who will be unavoidably absent from his or her voting place on the day of the election; (2) Any person who will be unable to attend the polls on election day because of illness or physical disability; and (3) Any person who is prevented from voting due to observance of a religious discipline or religious holiday during the entire twelve (12) hours that the polls are open on election day. Amended by Act 2023, No. 141,§ 1, eff. 8/1/2023. Acts 1969, No. 465, Art. 9, § 3; A.S.A. 1947, § 3-903; Acts 1993, No. 593, § 1; 1995, No. 686, § 2; 1995, No. 948, § 2.

The following persons, if possessing the qualifications of electors, may cast an absentee ballot in any election:

(1) Any person who will be unavoidably absent from his or her voting place on the day of the election;

(2) Any person who will be unable to attend the polls on election day because of illness or physical disability; and

(3) Any person who is prevented from voting due to observance of a religious discipline or religious holiday during the entire twelve (12) hours that the polls are open on election day.

Amended by Act 2023, No. 141,§ 1, eff. 8/1/2023.

Acts 1969, No. 465, Art. 9, § 3; A.S.A. 1947, § 3-903; Acts 1993, No. 593, § 1; 1995, No. 686, § 2; 1995, No. 948, § 2.
Ark. Code Ann. § 7-5-319 — AR Code / Title 7 / Chapter 5 / Subchapter 3 / Section 7-5-319
Recount
Status: in_force

(a) (1) Any candidate voted for who may be dissatisfied with the returns from any precinct shall have a recount of the votes cast therein upon the candidate's presenting the county board of election commissioners with a petition requesting the recount. (2) When the number of outstanding absentee ballots of overseas voters combined with the number of uncanvassed provisional ballots is not sufficient to change the results of the election, the candidate must present the petition no later than two (2) days after the county board of election commissioners declares preliminary and unofficial results of the election, including a statement of the number of outstanding absentee ballots of overseas voters. (3) When the number of outstanding absentee ballots of overseas voters combined with the number of uncanvassed provisional ballots is sufficient to potentially change the results of the election, the candidate must present the petition at any time before: (A) The county board of election commissioners finally completes the canvass of the returns of the election and certifies the result; or (B) 12:00 noon on the seventh day following the election. (b) At the time that the petition requesting the recount is presented, the county board of election commissioners shall provide to the candidate requesting the recount a copy of the test results on the voting machines and the electronic vote tabulating devices. Only one (1) recount per candidate per election shall be permitted. The county board of election commissioners shall certify the results of the last recount. The county board of election commissioners may upon its own motion conduct a recount of the returns from any or all precincts. (c) (1) For the recount of an election in which paper ballots are used, the county board of election commissioners shall open the package containing the ballots and recount the ballots in the manner prescribed by law for the count to be made by the election officials in the first instance, or if there is a determination by the county board of election commissioners that the voting machine or electronic vote tabulating device may be malfunctioning, it may recount the ballots by any manner prescribed by law. (2) When conducting a recount, the county board of election commissioners shall: (A) Recount each precinct or other grouping of ballots necessary to recount all ballots cast in the race of the candidate requesting the recount; (B) Review any ballots which were duplicated due to damage or defect to ensure that the selections on each duplicated ballot match exactly to an original ballot for which a duplicate ballot had been created; (C) Ensure each affected candidate has been notified of the recount prior to conducting the recount; (D) Create a certified results tape for each batch of ballots recounted; and (E) Manually compile countywide totals from the certified return records and verify that they match the electronically derived totals from the devices used to collect votes from each tabulator if the tabulators are used in the recount. (d) If the result as found upon the recount differs from that certified by the election officials, the certified results obtained from the recount shall be included in the canvass as the vote for the particular precinct for which the recount was ordered and made. (e) After the recount is completed, the ballots shall again be sealed and kept as provided by law. (f) (1) The costs for any recount must be borne by the candidate petitioning for it, and payment of the costs must be made to the county board of election commissioners prior to the recount in an amount determined by the county board of election commissioners. (2) In the event that the outcome of the election is altered by recount, the costs of the recount shall be refunded to the candidate who petitioned for the recount. (g) The costs of any recount shall be based on the actual costs incurred to conduct the recount, but in no instance shall the amount charged to conduct a recount exceed the rate of twenty-five cents (25¢) per vote cast in the precincts where the recount is requested or a total of two thousand five hundred dollars ($2,500) for the entire county, whichever is less. (h) Within forty-eight (48) hours after a petition for recount is filed, the county board of election commissioners shall notify all candidates whose election could be affected by the outcome of the recount. Amended by Act 2023, No. 321,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 321,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 534,§ 2, eff. 7/24/2019. Acts 1969, No. 465, Art. 5, § 8; A.S.A. 1947, § 3-508; Acts 1993, No. 430, § 1; 1997, No. 451, § 30; 1999, No. 1023, § 1; 2001, No. 1475, § 4; 2003, No. 1038, § 1; 2003, No. 1165, § 5; 2005, No. 2233, § 7; 2009, No. 1480, § 31.

(a) (1) Any candidate voted for who may be dissatisfied with the returns from any precinct shall have a recount of the votes cast therein upon the candidate's presenting the county board of election commissioners with a petition requesting the recount. (2) When the number of outstanding absentee ballots of overseas voters combined with the number of uncanvassed provisional ballots is not sufficient to change the results of the election, the candidate must present the petition no later than two (2) days after the county board of election commissioners declares preliminary and unofficial results of the election, including a statement of the number of outstanding absentee ballots of overseas voters. (3) When the number of outstanding absentee ballots of overseas voters combined with the number of uncanvassed provisional ballots is sufficient to potentially change the results of the election, the candidate must present the petition at any time before: (A) The county board of election commissioners finally completes the canvass of the returns of the election and certifies the result; or (B) 12:00 noon on the seventh day following the election.

(1) Any candidate voted for who may be dissatisfied with the returns from any precinct shall have a recount of the votes cast therein upon the candidate's presenting the county board of election commissioners with a petition requesting the recount.

(2) When the number of outstanding absentee ballots of overseas voters combined with the number of uncanvassed provisional ballots is not sufficient to change the results of the election, the candidate must present the petition no later than two (2) days after the county board of election commissioners declares preliminary and unofficial results of the election, including a statement of the number of outstanding absentee ballots of overseas voters.

(3) When the number of outstanding absentee ballots of overseas voters combined with the number of uncanvassed provisional ballots is sufficient to potentially change the results of the election, the candidate must present the petition at any time before: (A) The county board of election commissioners finally completes the canvass of the returns of the election and certifies the result; or (B) 12:00 noon on the seventh day following the election.

(A) The county board of election commissioners finally completes the canvass of the returns of the election and certifies the result; or

(B) 12:00 noon on the seventh day following the election.

(b) At the time that the petition requesting the recount is presented, the county board of election commissioners shall provide to the candidate requesting the recount a copy of the test results on the voting machines and the electronic vote tabulating devices. Only one (1) recount per candidate per election shall be permitted. The county board of election commissioners shall certify the results of the last recount. The county board of election commissioners may upon its own motion conduct a recount of the returns from any or all precincts.

(c) (1) For the recount of an election in which paper ballots are used, the county board of election commissioners shall open the package containing the ballots and recount the ballots in the manner prescribed by law for the count to be made by the election officials in the first instance, or if there is a determination by the county board of election commissioners that the voting machine or electronic vote tabulating device may be malfunctioning, it may recount the ballots by any manner prescribed by law. (2) When conducting a recount, the county board of election commissioners shall: (A) Recount each precinct or other grouping of ballots necessary to recount all ballots cast in the race of the candidate requesting the recount; (B) Review any ballots which were duplicated due to damage or defect to ensure that the selections on each duplicated ballot match exactly to an original ballot for which a duplicate ballot had been created; (C) Ensure each affected candidate has been notified of the recount prior to conducting the recount; (D) Create a certified results tape for each batch of ballots recounted; and (E) Manually compile countywide totals from the certified return records and verify that they match the electronically derived totals from the devices used to collect votes from each tabulator if the tabulators are used in the recount.

(1) For the recount of an election in which paper ballots are used, the county board of election commissioners shall open the package containing the ballots and recount the ballots in the manner prescribed by law for the count to be made by the election officials in the first instance, or if there is a determination by the county board of election commissioners that the voting machine or electronic vote tabulating device may be malfunctioning, it may recount the ballots by any manner prescribed by law.

(2) When conducting a recount, the county board of election commissioners shall: (A) Recount each precinct or other grouping of ballots necessary to recount all ballots cast in the race of the candidate requesting the recount; (B) Review any ballots which were duplicated due to damage or defect to ensure that the selections on each duplicated ballot match exactly to an original ballot for which a duplicate ballot had been created; (C) Ensure each affected candidate has been notified of the recount prior to conducting the recount; (D) Create a certified results tape for each batch of ballots recounted; and (E) Manually compile countywide totals from the certified return records and verify that they match the electronically derived totals from the devices used to collect votes from each tabulator if the tabulators are used in the recount.

(A) Recount each precinct or other grouping of ballots necessary to recount all ballots cast in the race of the candidate requesting the recount;

(B) Review any ballots which were duplicated due to damage or defect to ensure that the selections on each duplicated ballot match exactly to an original ballot for which a duplicate ballot had been created;

(C) Ensure each affected candidate has been notified of the recount prior to conducting the recount;

(D) Create a certified results tape for each batch of ballots recounted; and

(E) Manually compile countywide totals from the certified return records and verify that they match the electronically derived totals from the devices used to collect votes from each tabulator if the tabulators are used in the recount.

(d) If the result as found upon the recount differs from that certified by the election officials, the certified results obtained from the recount shall be included in the canvass as the vote for the particular precinct for which the recount was ordered and made.

(e) After the recount is completed, the ballots shall again be sealed and kept as provided by law.

(f) (1) The costs for any recount must be borne by the candidate petitioning for it, and payment of the costs must be made to the county board of election commissioners prior to the recount in an amount determined by the county board of election commissioners. (2) In the event that the outcome of the election is altered by recount, the costs of the recount shall be refunded to the candidate who petitioned for the recount.

(1) The costs for any recount must be borne by the candidate petitioning for it, and payment of the costs must be made to the county board of election commissioners prior to the recount in an amount determined by the county board of election commissioners.

(2) In the event that the outcome of the election is altered by recount, the costs of the recount shall be refunded to the candidate who petitioned for the recount.

(g) The costs of any recount shall be based on the actual costs incurred to conduct the recount, but in no instance shall the amount charged to conduct a recount exceed the rate of twenty-five cents (25¢) per vote cast in the precincts where the recount is requested or a total of two thousand five hundred dollars ($2,500) for the entire county, whichever is less.

(h) Within forty-eight (48) hours after a petition for recount is filed, the county board of election commissioners shall notify all candidates whose election could be affected by the outcome of the recount.

Amended by Act 2023, No. 321,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 321,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 534,§ 2, eff. 7/24/2019.

Acts 1969, No. 465, Art. 5, § 8; A.S.A. 1947, § 3-508; Acts 1993, No. 430, § 1; 1997, No. 451, § 30; 1999, No. 1023, § 1; 2001, No. 1475, § 4; 2003, No. 1038, § 1; 2003, No. 1165, § 5; 2005, No. 2233, § 7; 2009, No. 1480, § 31.
Ark. Code Ann. § 7-1-111 — AR Code / Title 7 / Chapter 1 / Section 7-1-111
Use of public funds to support or oppose ballot measure - Definitions
Status: in_force

(a) As used in this section: (1) "Governmental body" means the same as defined in § 21-8-402 ; (2) "Public funds" means funds, moneys, receivables, grants, investments, instruments, real or personal property, or other assets, liabilities, equities, revenues, receipts, or disbursements belonging to, held by, or passed through a governmental body; and (3) (A) Except as provided in subdivision (a)(3)(B) of this section, "public servant" means an individual who is: (i) Employed by a governmental body; (ii) Appointed to serve a governmental body; or (iii) Appointed to a governmental body. (B) "Public servant" does not include: (i) An elected official; or (ii) A person appointed to an elective office. (b) It is unlawful for a public servant or a governmental body to expend or permit the expenditure of public funds to support or oppose a ballot measure. (c) This section does not: (1) Limit the freedom of speech of a public servant or government body, including without limitation verbal expressions of views supporting or opposing a ballot measure; (2) Prohibit a governmental body from expressing an opinion on a ballot measure through the passage of a resolution or proclamation; (3) Prohibit the incidental use of state resources by a public servant, including without limitation travel costs, when speaking at an event in which a ballot measure is discussed if the subject matter of the speaking engagement is within the scope of the official duties and responsibilities of the public servant; or (4) Prohibit the dissemination of public information at a speaking engagement and the incidental use of state resources in the analysis and preparation of that public information if the subject matter of the public information is within the scope of the official duties and responsibilities of the public servant. (d) (1) Except as provided under subdivision (d)(2) of this section, a violation of this section is a Class A misdemeanor. (2) (A) A public servant who is found guilty or pleads guilty or nolo contendere to a violation under this section is ineligible to hold any office, employment, or appointment in a governmental body. (B) If a public servant is found guilty or pleads guilty or nolo contendere to a violation under this section while employed by a governmental body, he or she shall be removed from employment immediately. Added by Act 2013, No. 312,§ 2, eff. 8/16/2013.

(a) As used in this section: (1) "Governmental body" means the same as defined in § 21-8-402 ; (2) "Public funds" means funds, moneys, receivables, grants, investments, instruments, real or personal property, or other assets, liabilities, equities, revenues, receipts, or disbursements belonging to, held by, or passed through a governmental body; and (3) (A) Except as provided in subdivision (a)(3)(B) of this section, "public servant" means an individual who is: (i) Employed by a governmental body; (ii) Appointed to serve a governmental body; or (iii) Appointed to a governmental body. (B) "Public servant" does not include: (i) An elected official; or (ii) A person appointed to an elective office.

(1) "Governmental body" means the same as defined in § 21-8-402 ;

(2) "Public funds" means funds, moneys, receivables, grants, investments, instruments, real or personal property, or other assets, liabilities, equities, revenues, receipts, or disbursements belonging to, held by, or passed through a governmental body; and

(3) (A) Except as provided in subdivision (a)(3)(B) of this section, "public servant" means an individual who is: (i) Employed by a governmental body; (ii) Appointed to serve a governmental body; or (iii) Appointed to a governmental body. (B) "Public servant" does not include: (i) An elected official; or (ii) A person appointed to an elective office.

(A) Except as provided in subdivision (a)(3)(B) of this section, "public servant" means an individual who is: (i) Employed by a governmental body; (ii) Appointed to serve a governmental body; or (iii) Appointed to a governmental body.

(i) Employed by a governmental body;

(ii) Appointed to serve a governmental body; or

(iii) Appointed to a governmental body.

(B) "Public servant" does not include: (i) An elected official; or (ii) A person appointed to an elective office.

(i) An elected official; or

(ii) A person appointed to an elective office.

(b) It is unlawful for a public servant or a governmental body to expend or permit the expenditure of public funds to support or oppose a ballot measure.

(c) This section does not: (1) Limit the freedom of speech of a public servant or government body, including without limitation verbal expressions of views supporting or opposing a ballot measure; (2) Prohibit a governmental body from expressing an opinion on a ballot measure through the passage of a resolution or proclamation; (3) Prohibit the incidental use of state resources by a public servant, including without limitation travel costs, when speaking at an event in which a ballot measure is discussed if the subject matter of the speaking engagement is within the scope of the official duties and responsibilities of the public servant; or (4) Prohibit the dissemination of public information at a speaking engagement and the incidental use of state resources in the analysis and preparation of that public information if the subject matter of the public information is within the scope of the official duties and responsibilities of the public servant.

(1) Limit the freedom of speech of a public servant or government body, including without limitation verbal expressions of views supporting or opposing a ballot measure;

(2) Prohibit a governmental body from expressing an opinion on a ballot measure through the passage of a resolution or proclamation;

(3) Prohibit the incidental use of state resources by a public servant, including without limitation travel costs, when speaking at an event in which a ballot measure is discussed if the subject matter of the speaking engagement is within the scope of the official duties and responsibilities of the public servant; or

(4) Prohibit the dissemination of public information at a speaking engagement and the incidental use of state resources in the analysis and preparation of that public information if the subject matter of the public information is within the scope of the official duties and responsibilities of the public servant.

(d) (1) Except as provided under subdivision (d)(2) of this section, a violation of this section is a Class A misdemeanor. (2) (A) A public servant who is found guilty or pleads guilty or nolo contendere to a violation under this section is ineligible to hold any office, employment, or appointment in a governmental body. (B) If a public servant is found guilty or pleads guilty or nolo contendere to a violation under this section while employed by a governmental body, he or she shall be removed from employment immediately.

(1) Except as provided under subdivision (d)(2) of this section, a violation of this section is a Class A misdemeanor.

(2) (A) A public servant who is found guilty or pleads guilty or nolo contendere to a violation under this section is ineligible to hold any office, employment, or appointment in a governmental body. (B) If a public servant is found guilty or pleads guilty or nolo contendere to a violation under this section while employed by a governmental body, he or she shall be removed from employment immediately.

(A) A public servant who is found guilty or pleads guilty or nolo contendere to a violation under this section is ineligible to hold any office, employment, or appointment in a governmental body.

(B) If a public servant is found guilty or pleads guilty or nolo contendere to a violation under this section while employed by a governmental body, he or she shall be removed from employment immediately.

Added by Act 2013, No. 312,§ 2, eff. 8/16/2013.
Ark. Code Ann. § 7-8-204 — AR Code / Title 7 / Chapter 8 / Subchapter 2 / Section 7-8-204
Rules for selection of delegates and alternates
Status: in_force

Each political party holding a preferential primary election in the state shall adopt appropriate rules for the selection of delegates and alternate delegates to the quadrennial national nominating convention of the party and to otherwise carry out the intent and purposes of this subchapter. Acts 1989, No. 700, § 2; 1997, No. 450, § 4; 2005, No. 501, § 2; 2009, No. 26, § 5; 2009, No. 375, § 6.

Each political party holding a preferential primary election in the state shall adopt appropriate rules for the selection of delegates and alternate delegates to the quadrennial national nominating convention of the party and to otherwise carry out the intent and purposes of this subchapter.

Acts 1989, No. 700, § 2; 1997, No. 450, § 4; 2005, No. 501, § 2; 2009, No. 26, § 5; 2009, No. 375, § 6.
Ark. Code Ann. § 7-5-705 — AR Code / Title 7 / Chapter 5 / Subchapter 7 / Section 7-5-705
Votes for constitutional officers - Tie vote - Certificate of election
Status: in_force

(a) During the first week of the session after each election for Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, and Attorney General, and in the presence of both houses of the General Assembly, the Speaker of the House of Representatives shall open and publish the votes cast and given for each of the respective officers previously mentioned. (b) The person having the greatest number of legal votes for each of the respective offices shall be declared duly elected thereto, but if two (2) or more shall be equal and highest in votes for the same office, one (1) of them shall be chosen by a joint vote of both houses of the General Assembly, and a majority of all the members elected shall be necessary to a choice. (c) The President of the Senate and the Speaker of the House of Representatives shall make and deposit in the office of the Secretary of State a certificate declaring what person has been elected to any office named. Acts 1969, No. 465, Art. 8, § 8; 1971, No. 261, § 19; A.S.A. 1947, § 3-808; Acts 1993, No. 512, § 5.

(a) During the first week of the session after each election for Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, and Attorney General, and in the presence of both houses of the General Assembly, the Speaker of the House of Representatives shall open and publish the votes cast and given for each of the respective officers previously mentioned.

(b) The person having the greatest number of legal votes for each of the respective offices shall be declared duly elected thereto, but if two (2) or more shall be equal and highest in votes for the same office, one (1) of them shall be chosen by a joint vote of both houses of the General Assembly, and a majority of all the members elected shall be necessary to a choice.

(c) The President of the Senate and the Speaker of the House of Representatives shall make and deposit in the office of the Secretary of State a certificate declaring what person has been elected to any office named.

Acts 1969, No. 465, Art. 8, § 8; 1971, No. 261, § 19; A.S.A. 1947, § 3-808; Acts 1993, No. 512, § 5.
Ark. Code Ann. § 7-5-315 — AR Code / Title 7 / Chapter 5 / Subchapter 3 / Section 7-5-315
Counting votes for unopposed and deceased candidates
Status: in_force

(a) (1) The votes received by an unopposed candidate in any election held in this state may be counted or tabulated for administrative purposes but shall not be certified, unless otherwise provided by law, by the election officials. The word "UNOPPOSED" shall be inserted on the tally sheet to indicate that the candidate has received a majority of the votes cast in the election. However, the votes received by an unopposed candidate for the office of Mayor, Governor, and Circuit Clerk shall be counted and tabulated by the election officials. (2) All other unopposed candidates shall be declared and certified as elected in the same manner as if the candidate had been voted upon at the election. (b) (1) The votes received by any person whose name appeared on the ballot and who withdrew or died after the certification of the ballot shall be counted. (2) (A) If the person received enough votes to win the election, a vacancy in election shall be declared. (B) (i) If the person received enough votes to qualify for a runoff, the person's name shall appear on the runoff ballot. (ii) If enough votes are cast for the person to win the runoff, then a vacancy in election shall exist. Amended by Act 2019, No. 1013,§ 2, eff. 7/24/2019. Amended by Act 2017, No. 730,§ 2, eff. 8/1/2017. Acts 1969, No. 465, Art. 7, § 17; A.S.A. 1947, § 3-717; Acts 1987, No. 248, § 8; 1991, No. 530, § 1; 1997, No. 451, § 26; 2003, No. 994, § 7; 2007, No. 1020, § 11; 2009, No. 1480, § 28.

(a) (1) The votes received by an unopposed candidate in any election held in this state may be counted or tabulated for administrative purposes but shall not be certified, unless otherwise provided by law, by the election officials. The word "UNOPPOSED" shall be inserted on the tally sheet to indicate that the candidate has received a majority of the votes cast in the election. However, the votes received by an unopposed candidate for the office of Mayor, Governor, and Circuit Clerk shall be counted and tabulated by the election officials. (2) All other unopposed candidates shall be declared and certified as elected in the same manner as if the candidate had been voted upon at the election.

(1) The votes received by an unopposed candidate in any election held in this state may be counted or tabulated for administrative purposes but shall not be certified, unless otherwise provided by law, by the election officials. The word "UNOPPOSED" shall be inserted on the tally sheet to indicate that the candidate has received a majority of the votes cast in the election. However, the votes received by an unopposed candidate for the office of Mayor, Governor, and Circuit Clerk shall be counted and tabulated by the election officials.

(2) All other unopposed candidates shall be declared and certified as elected in the same manner as if the candidate had been voted upon at the election.

(b) (1) The votes received by any person whose name appeared on the ballot and who withdrew or died after the certification of the ballot shall be counted. (2) (A) If the person received enough votes to win the election, a vacancy in election shall be declared. (B) (i) If the person received enough votes to qualify for a runoff, the person's name shall appear on the runoff ballot. (ii) If enough votes are cast for the person to win the runoff, then a vacancy in election shall exist.

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

(2) (A) If the person received enough votes to win the election, a vacancy in election shall be declared. (B) (i) If the person received enough votes to qualify for a runoff, the person's name shall appear on the runoff ballot. (ii) If enough votes are cast for the person to win the runoff, then a vacancy in election shall exist.

(A) If the person received enough votes to win the election, a vacancy in election shall be declared.

(B) (i) If the person received enough votes to qualify for a runoff, the person's name shall appear on the runoff ballot. (ii) If enough votes are cast for the person to win the runoff, then a vacancy in election shall exist.

(i) If the person received enough votes to qualify for a runoff, the person's name shall appear on the runoff ballot.

(ii) If enough votes are cast for the person to win the runoff, then a vacancy in election shall exist.

Amended by Act 2019, No. 1013,§ 2, eff. 7/24/2019.

Amended by Act 2017, No. 730,§ 2, eff. 8/1/2017.

Acts 1969, No. 465, Art. 7, § 17; A.S.A. 1947, § 3-717; Acts 1987, No. 248, § 8; 1991, No. 530, § 1; 1997, No. 451, § 26; 2003, No. 994, § 7; 2007, No. 1020, § 11; 2009, No. 1480, § 28.
Ark. Code Ann. § 7-6-227 — AR Code / Title 7 / Chapter 6 / Subchapter 2 / Section 7-6-227
Registration by independent expenditure committee
Status: in_force

(a) (1) (A) An independent expenditure committee shall register with the Secretary of State within fifteen (15) days after accepting contributions that exceed five hundred dollars ($500) in the aggregate during a calendar year. (B) Registration shall be annually renewed by January 15 unless the independent expenditure committee has ceased to exist. (C) Registration shall be on a form provided by the Secretary of State, and the contents of the form shall be verified by an affidavit of an officer of the independent expenditure committee. (2) (A) The independent expenditure committee shall maintain for a period of four (4) years records evidencing the name, address, and place of employment of each person that contributed to the independent expenditure committee, along with the amount contributed. (B) The independent expenditure committee shall maintain for a period of four (4) years records evidencing each independent expenditure made by the committee, along with the amount of each expenditure. (3) (A) The independent expenditure committee shall designate a resident agent who shall be an individual who resides in this state. (B) A contribution shall not be accepted from an independent expenditure committee and an expenditure shall not be made by an independent expenditure committee that has not registered and does not have a resident agent. (4) An out-of-state independent expenditure committee shall comply with the registration and reporting provisions of this section if the committee makes an independent expenditure or independent expenditures within the State of Arkansas that in the aggregate exceed more than five hundred dollars ($500) during a calendar year. (b) The registration form of an independent expenditure committee shall contain the following information: (1) (A) The name, address, and, when available, phone number of the independent expenditure committee and the name, address, phone number, and place of employment of each of its officers. (B) However, if the independent expenditure committee's name is an acronym, then both it and the words forming the acronym shall be disclosed; (2) The full name and street address, city, state, and zip code of each financial institution the independent expenditure committee uses for purposes of receiving contributions or making expenditures within this state; (3) A written acceptance of designation as a resident agent; (4) A certification by an independent expenditure committee officer, under penalty of false swearing, that the information provided on the registration is correct; and (5) A clause submitting the independent expenditure committee to the jurisdiction of the State of Arkansas for all purposes related to compliance with this subchapter. (c) (1) When a committee makes a change to any information required in subsection (b) of this section, an amendment shall be filed within ten (10) days to reflect the change. (2) A committee failing to file an amendment shall be subject to a late filing fee of ten dollars ($10.00) for each day the change is not filed. Acts 2009, No. 473, § 9; 2011, No. 721, § 12.

(a) (1) (A) An independent expenditure committee shall register with the Secretary of State within fifteen (15) days after accepting contributions that exceed five hundred dollars ($500) in the aggregate during a calendar year. (B) Registration shall be annually renewed by January 15 unless the independent expenditure committee has ceased to exist. (C) Registration shall be on a form provided by the Secretary of State, and the contents of the form shall be verified by an affidavit of an officer of the independent expenditure committee. (2) (A) The independent expenditure committee shall maintain for a period of four (4) years records evidencing the name, address, and place of employment of each person that contributed to the independent expenditure committee, along with the amount contributed. (B) The independent expenditure committee shall maintain for a period of four (4) years records evidencing each independent expenditure made by the committee, along with the amount of each expenditure. (3) (A) The independent expenditure committee shall designate a resident agent who shall be an individual who resides in this state. (B) A contribution shall not be accepted from an independent expenditure committee and an expenditure shall not be made by an independent expenditure committee that has not registered and does not have a resident agent. (4) An out-of-state independent expenditure committee shall comply with the registration and reporting provisions of this section if the committee makes an independent expenditure or independent expenditures within the State of Arkansas that in the aggregate exceed more than five hundred dollars ($500) during a calendar year.

(1) (A) An independent expenditure committee shall register with the Secretary of State within fifteen (15) days after accepting contributions that exceed five hundred dollars ($500) in the aggregate during a calendar year. (B) Registration shall be annually renewed by January 15 unless the independent expenditure committee has ceased to exist. (C) Registration shall be on a form provided by the Secretary of State, and the contents of the form shall be verified by an affidavit of an officer of the independent expenditure committee.

(A) An independent expenditure committee shall register with the Secretary of State within fifteen (15) days after accepting contributions that exceed five hundred dollars ($500) in the aggregate during a calendar year.

(B) Registration shall be annually renewed by January 15 unless the independent expenditure committee has ceased to exist.

(C) Registration shall be on a form provided by the Secretary of State, and the contents of the form shall be verified by an affidavit of an officer of the independent expenditure committee.

(2) (A) The independent expenditure committee shall maintain for a period of four (4) years records evidencing the name, address, and place of employment of each person that contributed to the independent expenditure committee, along with the amount contributed. (B) The independent expenditure committee shall maintain for a period of four (4) years records evidencing each independent expenditure made by the committee, along with the amount of each expenditure.

(A) The independent expenditure committee shall maintain for a period of four (4) years records evidencing the name, address, and place of employment of each person that contributed to the independent expenditure committee, along with the amount contributed.

(B) The independent expenditure committee shall maintain for a period of four (4) years records evidencing each independent expenditure made by the committee, along with the amount of each expenditure.

(3) (A) The independent expenditure committee shall designate a resident agent who shall be an individual who resides in this state. (B) A contribution shall not be accepted from an independent expenditure committee and an expenditure shall not be made by an independent expenditure committee that has not registered and does not have a resident agent.

(A) The independent expenditure committee shall designate a resident agent who shall be an individual who resides in this state.

(B) A contribution shall not be accepted from an independent expenditure committee and an expenditure shall not be made by an independent expenditure committee that has not registered and does not have a resident agent.

(4) An out-of-state independent expenditure committee shall comply with the registration and reporting provisions of this section if the committee makes an independent expenditure or independent expenditures within the State of Arkansas that in the aggregate exceed more than five hundred dollars ($500) during a calendar year.

(b) The registration form of an independent expenditure committee shall contain the following information: (1) (A) The name, address, and, when available, phone number of the independent expenditure committee and the name, address, phone number, and place of employment of each of its officers. (B) However, if the independent expenditure committee's name is an acronym, then both it and the words forming the acronym shall be disclosed; (2) The full name and street address, city, state, and zip code of each financial institution the independent expenditure committee uses for purposes of receiving contributions or making expenditures within this state; (3) A written acceptance of designation as a resident agent; (4) A certification by an independent expenditure committee officer, under penalty of false swearing, that the information provided on the registration is correct; and (5) A clause submitting the independent expenditure committee to the jurisdiction of the State of Arkansas for all purposes related to compliance with this subchapter.

(1) (A) The name, address, and, when available, phone number of the independent expenditure committee and the name, address, phone number, and place of employment of each of its officers. (B) However, if the independent expenditure committee's name is an acronym, then both it and the words forming the acronym shall be disclosed;

(A) The name, address, and, when available, phone number of the independent expenditure committee and the name, address, phone number, and place of employment of each of its officers.

(B) However, if the independent expenditure committee's name is an acronym, then both it and the words forming the acronym shall be disclosed;

(2) The full name and street address, city, state, and zip code of each financial institution the independent expenditure committee uses for purposes of receiving contributions or making expenditures within this state;

(3) A written acceptance of designation as a resident agent;

(4) A certification by an independent expenditure committee officer, under penalty of false swearing, that the information provided on the registration is correct; and

(5) A clause submitting the independent expenditure committee to the jurisdiction of the State of Arkansas for all purposes related to compliance with this subchapter.

(c) (1) When a committee makes a change to any information required in subsection (b) of this section, an amendment shall be filed within ten (10) days to reflect the change. (2) A committee failing to file an amendment shall be subject to a late filing fee of ten dollars ($10.00) for each day the change is not filed.

(1) When a committee makes a change to any information required in subsection (b) of this section, an amendment shall be filed within ten (10) days to reflect the change.

(2) A committee failing to file an amendment shall be subject to a late filing fee of ten dollars ($10.00) for each day the change is not filed.

Acts 2009, No. 473, § 9; 2011, No. 721, § 12.
Ark. Code Ann. § 7-6-205 — AR Code / Title 7 / Chapter 6 / Subchapter 2 / Section 7-6-205
Contributions made indirectly, anonymously, or under assumed names
Status: in_force

(a) No campaign contribution shall be made to a candidate, a political action committee, an independent expenditure committee, an exploratory committee, a county political party committee, or a political party unless such contribution is made directly to the intended recipient. Provided, it shall be permissible to make a contribution to a candidate's campaign committee instead of directly to the candidate. (b) No contribution shall be made to or knowingly accepted by a candidate or his or her campaign committee, a political action committee, an independent expenditure committee, an exploratory committee, a county political party committee, or a political party unless the contribution is made in the name by which the person providing the funds for the contribution is identified for legal purposes. (c) (1) No person shall make an anonymous contribution in support of or opposition to a candidate or campaign committee totalling fifty dollars ($50.00) or more in a calendar year. (2) An anonymous contribution of fifty dollars ($50.00) or more shall not be kept by the intended recipient but shall be promptly paid by the recipient to the Secretary of State for deposit into the State Treasury as general revenues. (d) Whenever any person provides his or her dependent child with funds and the child uses those funds to make a contribution to a candidate, the contribution shall be attributed to such person for purposes of applying the contribution limit pursuant to § 7-6-203(b) . (e) Campaign contributions may not be made by individuals who are not citizens of the United States or by any other entity which is not organized, existing, or created under the laws of the United States or of any state or other place subject to the jurisdiction of the United States and which does not have its principal place of business in the United States. Acts 1975, No. 788, § 9; A.S.A. 1947, § 3-1117; Init. Meas. 1990, No. 1, § 4; Acts 1999, No. 553, § 4; 2007, No. 221, § 3.

(a) No campaign contribution shall be made to a candidate, a political action committee, an independent expenditure committee, an exploratory committee, a county political party committee, or a political party unless such contribution is made directly to the intended recipient. Provided, it shall be permissible to make a contribution to a candidate's campaign committee instead of directly to the candidate.

(b) No contribution shall be made to or knowingly accepted by a candidate or his or her campaign committee, a political action committee, an independent expenditure committee, an exploratory committee, a county political party committee, or a political party unless the contribution is made in the name by which the person providing the funds for the contribution is identified for legal purposes.

(c) (1) No person shall make an anonymous contribution in support of or opposition to a candidate or campaign committee totalling fifty dollars ($50.00) or more in a calendar year. (2) An anonymous contribution of fifty dollars ($50.00) or more shall not be kept by the intended recipient but shall be promptly paid by the recipient to the Secretary of State for deposit into the State Treasury as general revenues.

(1) No person shall make an anonymous contribution in support of or opposition to a candidate or campaign committee totalling fifty dollars ($50.00) or more in a calendar year.

(2) An anonymous contribution of fifty dollars ($50.00) or more shall not be kept by the intended recipient but shall be promptly paid by the recipient to the Secretary of State for deposit into the State Treasury as general revenues.

(d) Whenever any person provides his or her dependent child with funds and the child uses those funds to make a contribution to a candidate, the contribution shall be attributed to such person for purposes of applying the contribution limit pursuant to § 7-6-203(b) .

(e) Campaign contributions may not be made by individuals who are not citizens of the United States or by any other entity which is not organized, existing, or created under the laws of the United States or of any state or other place subject to the jurisdiction of the United States and which does not have its principal place of business in the United States.

Acts 1975, No. 788, § 9; A.S.A. 1947, § 3-1117; Init. Meas. 1990, No. 1, § 4; Acts 1999, No. 553, § 4; 2007, No. 221, § 3.
Ark. Code Ann. § 7-5-702 — AR Code / Title 7 / Chapter 5 / Subchapter 7 / Section 7-5-702
Preservation of ballots, stubs, certificates, and other election materials
Status: in_force

(a) After the election has been finally certified by the county board of election commissioners, the county board of election commissioners shall retain the custody of and safely keep in a sealed container appropriately marked in a secure location in the county courthouse or other county storage facility all ballots, ballot stubs, and certificates returned to it from the several precincts for a period of twenty (20) days, after which time the ballots and certificates shall be stored in a secure location in the county courthouse or other county storage facility for a period of two (2) years from the date of the election, unless the county board of election commissioners shall be sooner notified in writing that: (1) The election of some person voted for at the election and declared to have been elected has been contested; (2) Criminal prosecution has begun before a tribunal of competent jurisdiction against any officer of election or person voting thereat for any fraud in the election; or (3) The results of the election will be audited by the State Board of Election Commissioners under § 7-4-121 . (b) If the county board of election commissioners is notified as provided in subsection (a) of this section, then so many of the ballots and certificates as may relate to matters involved in the contest or any prosecution shall be preserved for use as evidence in the contest or prosecution. (c) During the time the ballots may be retained or stored, the package containing them shall not be opened by anyone unless: (1) Directed to do so by some competent tribunal before which an election contest or prosecution is pending in which the ballots are to be used as evidence; (2) Upon written instruction signed by the Director of the State Board of Election Commissioners under § 7-4-121 ; or (3) Upon receipt of a subpoena issued by the State Board of Election Commissioners under § 7-4-120 . (d) For twenty (20) days, the county board of election commissioners shall retain the custody of ballot stubs in an appropriately marked, sealed container delivered to the county board of election commissioners from the several precincts, after which time they shall be stored in a secure location in the county courthouse or other county storage facility unless: (1) An election contest has been filed; (2) A criminal prosecution has been initiated in connection with the election; or (3) Upon written instruction signed by the director under § 7-4-121 . (e) After a period of two (2) years, all marked ballots and ballot stubs may be destroyed in the following manner: (1) The county board of election commissioners shall enter an order directing the destruction of marked ballots and ballot stubs; (2) The county board of election commissioners shall make and retain a record of marked ballots and ballot stubs destroyed; and (3) The county board of election commissioners shall file with the county clerk the order and record pertaining to marked ballots and ballot stubs destroyed. Amended by Act 2023, No. 295,§ 4, eff. 8/1/2023. Amended by Act 2019, No. 888,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 888,§ 3, eff. 7/24/2019. Amended by Act 2017, No. 621,§ 3, eff. 8/1/2017. Amended by Act 2013, No. 236,§ 2, eff. 8/16/2013. Acts 1969, No. 465, Art. 8, § 2; A.S.A. 1947, § 3-802; Acts 1987, No. 492, § 1; 1997, No. 446, § 33; 2005, No. 953, § 1; 2005, No. 2233, § 47; 2009, No. 959, § 31.

(a) After the election has been finally certified by the county board of election commissioners, the county board of election commissioners shall retain the custody of and safely keep in a sealed container appropriately marked in a secure location in the county courthouse or other county storage facility all ballots, ballot stubs, and certificates returned to it from the several precincts for a period of twenty (20) days, after which time the ballots and certificates shall be stored in a secure location in the county courthouse or other county storage facility for a period of two (2) years from the date of the election, unless the county board of election commissioners shall be sooner notified in writing that: (1) The election of some person voted for at the election and declared to have been elected has been contested; (2) Criminal prosecution has begun before a tribunal of competent jurisdiction against any officer of election or person voting thereat for any fraud in the election; or (3) The results of the election will be audited by the State Board of Election Commissioners under § 7-4-121 .

(1) The election of some person voted for at the election and declared to have been elected has been contested;

(2) Criminal prosecution has begun before a tribunal of competent jurisdiction against any officer of election or person voting thereat for any fraud in the election; or

(3) The results of the election will be audited by the State Board of Election Commissioners under § 7-4-121 .

(b) If the county board of election commissioners is notified as provided in subsection (a) of this section, then so many of the ballots and certificates as may relate to matters involved in the contest or any prosecution shall be preserved for use as evidence in the contest or prosecution.

(c) During the time the ballots may be retained or stored, the package containing them shall not be opened by anyone unless: (1) Directed to do so by some competent tribunal before which an election contest or prosecution is pending in which the ballots are to be used as evidence; (2) Upon written instruction signed by the Director of the State Board of Election Commissioners under § 7-4-121 ; or (3) Upon receipt of a subpoena issued by the State Board of Election Commissioners under § 7-4-120 .

(1) Directed to do so by some competent tribunal before which an election contest or prosecution is pending in which the ballots are to be used as evidence;

(2) Upon written instruction signed by the Director of the State Board of Election Commissioners under § 7-4-121 ; or

(3) Upon receipt of a subpoena issued by the State Board of Election Commissioners under § 7-4-120 .

(d) For twenty (20) days, the county board of election commissioners shall retain the custody of ballot stubs in an appropriately marked, sealed container delivered to the county board of election commissioners from the several precincts, after which time they shall be stored in a secure location in the county courthouse or other county storage facility unless: (1) An election contest has been filed; (2) A criminal prosecution has been initiated in connection with the election; or (3) Upon written instruction signed by the director under § 7-4-121 .

(1) An election contest has been filed;

(2) A criminal prosecution has been initiated in connection with the election; or

(3) Upon written instruction signed by the director under § 7-4-121 .

(e) After a period of two (2) years, all marked ballots and ballot stubs may be destroyed in the following manner: (1) The county board of election commissioners shall enter an order directing the destruction of marked ballots and ballot stubs; (2) The county board of election commissioners shall make and retain a record of marked ballots and ballot stubs destroyed; and (3) The county board of election commissioners shall file with the county clerk the order and record pertaining to marked ballots and ballot stubs destroyed.

(1) The county board of election commissioners shall enter an order directing the destruction of marked ballots and ballot stubs;

(2) The county board of election commissioners shall make and retain a record of marked ballots and ballot stubs destroyed; and

(3) The county board of election commissioners shall file with the county clerk the order and record pertaining to marked ballots and ballot stubs destroyed.

Amended by Act 2023, No. 295,§ 4, eff. 8/1/2023.

Amended by Act 2019, No. 888,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 888,§ 3, eff. 7/24/2019.

Amended by Act 2017, No. 621,§ 3, eff. 8/1/2017.

Amended by Act 2013, No. 236,§ 2, eff. 8/16/2013.

Acts 1969, No. 465, Art. 8, § 2; A.S.A. 1947, § 3-802; Acts 1987, No. 492, § 1; 1997, No. 446, § 33; 2005, No. 953, § 1; 2005, No. 2233, § 47; 2009, No. 959, § 31.
Ark. Code Ann. § 7-7-401 — AR Code / Title 7 / Chapter 7 / Subchapter 4 / Section 7-7-401
Certification of nominations
Status: in_force

(a) The county board of election commissioners shall certify the nomination of all county, township, and municipal offices to the county committee of the political party, state committee of the political party, and county clerk. It shall further certify the vote of all candidates for United States, state, and district office to the state committee and the Secretary of State. (b) The Secretary of State shall receive the returns from the county board of election commissioners and canvass and certify the result thereof as provided by law. When ordered by a circuit court as provided by law, the county board or its officers shall annul the certifications made and make certifications in accordance with the judgment of the circuit court. (c) The nominations of any and all political parties for candidates chosen at a regular or special primary election held by the political party shall be certified by the county board of election commissioners. (d) (1) Nominees of political parties chosen by a convention of delegates, in those circumstances in which nominations by political party conventions are authorized by law, shall be certified by the chair and secretary of the convention of delegates held by the political party. (2) All certificates of nomination made by the chair and secretary of conventions or of county boards of election commissioners of primary elections shall be acknowledged before an officer authorized by law to take acknowledgments. (e) (1) Nomination as a nonpartisan candidate for Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, or district judge shall be deemed certified upon the candidate's filing for office when a filing fee is paid or upon determination by the appropriate officer that sufficient signatures were obtained when the candidate seeks alternative ballot access. (2) For any other office, nomination as an independent candidate without political party affiliation for election to any office shall be certified by petition of electors in the manner provided in § 7-7-103 . Acts 1969, No. 465, Art. 1, §§ 17, 20; 1971, No. 261, § 8; 1975, No. 601, §§ 3, 5; A.S.A. 1947, §§ 3-117, 3-120; Acts 1995, No. 901, § 16; 1997, No. 886, § 11; 2001, No. 1789, § 7.

(a) The county board of election commissioners shall certify the nomination of all county, township, and municipal offices to the county committee of the political party, state committee of the political party, and county clerk. It shall further certify the vote of all candidates for United States, state, and district office to the state committee and the Secretary of State.

(b) The Secretary of State shall receive the returns from the county board of election commissioners and canvass and certify the result thereof as provided by law. When ordered by a circuit court as provided by law, the county board or its officers shall annul the certifications made and make certifications in accordance with the judgment of the circuit court.

(c) The nominations of any and all political parties for candidates chosen at a regular or special primary election held by the political party shall be certified by the county board of election commissioners.

(d) (1) Nominees of political parties chosen by a convention of delegates, in those circumstances in which nominations by political party conventions are authorized by law, shall be certified by the chair and secretary of the convention of delegates held by the political party. (2) All certificates of nomination made by the chair and secretary of conventions or of county boards of election commissioners of primary elections shall be acknowledged before an officer authorized by law to take acknowledgments.

(1) Nominees of political parties chosen by a convention of delegates, in those circumstances in which nominations by political party conventions are authorized by law, shall be certified by the chair and secretary of the convention of delegates held by the political party.

(2) All certificates of nomination made by the chair and secretary of conventions or of county boards of election commissioners of primary elections shall be acknowledged before an officer authorized by law to take acknowledgments.

(e) (1) Nomination as a nonpartisan candidate for Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, or district judge shall be deemed certified upon the candidate's filing for office when a filing fee is paid or upon determination by the appropriate officer that sufficient signatures were obtained when the candidate seeks alternative ballot access. (2) For any other office, nomination as an independent candidate without political party affiliation for election to any office shall be certified by petition of electors in the manner provided in § 7-7-103 .

(1) Nomination as a nonpartisan candidate for Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, or district judge shall be deemed certified upon the candidate's filing for office when a filing fee is paid or upon determination by the appropriate officer that sufficient signatures were obtained when the candidate seeks alternative ballot access.

(2) For any other office, nomination as an independent candidate without political party affiliation for election to any office shall be certified by petition of electors in the manner provided in § 7-7-103 .

Acts 1969, No. 465, Art. 1, §§ 17, 20; 1971, No. 261, § 8; 1975, No. 601, §§ 3, 5; A.S.A. 1947, §§ 3-117, 3-120; Acts 1995, No. 901, § 16; 1997, No. 886, § 11; 2001, No. 1789, § 7.
Ark. Code Ann. § 7-5-603 — AR Code / Title 7 / Chapter 5 / Subchapter 6 / Section 7-5-603
Counting paper ballots
Status: in_force

When paper ballots are to be counted, the following procedures shall be followed: (1) (A) In counting the paper ballots, the ballot box shall be opened and each paper ballot shall be counted in turn or by counting by offices and issues by first being run through a tabulation device before any hand count is conducted. (B) The poll workers shall witness the counting of the paper ballots and shall keep separate tally lists of the votes cast for each candidate or issue on the paper ballot by precinct. (C) The tabulated results shall be posted at each polling site prior to the completion of the hand count of the paper ballots; (2) (A) After being run through a tabulation device, the paper ballots shall be placed in a sealed double-locking hard shell ballot box for transport to the designated hand count location and the seal initialed by a minimum of two (2) election officials. (B) Each county board of election commissioners shall designate the hand count location thirty (30) days before an election. (C) A minimum of two (2) election officials shall transport the paper ballots to the hand count location. (D) All ballots from voting machines used for compliance with the Equal Access to Voting Rights Act, Pub. L. No. 98-435, the Americans with Disabilities Act, Title II of Pub. L. No. 101-336, and the Help America Vote Act of 2002, Pub. L. No. 107-252, shall be counted with the hand-counted paper ballots. (E) All paper ballots shall be stored in a secure location approved by the county board of election commissioners when not in use by a poll worker performing the hand count of the paper ballots; (3) (A) When two (2) or more paper ballots are found folded together, it shall be considered as conclusive evidence the paper ballots are fraudulent and neither of the paper ballots shall be counted. (B) If a paper ballot is found to contain marks for more than the maximum allowable number of candidates in any one (1) contest, the contest shall be considered overvoted, and it shall be the responsibility of the county board of election commissioners to determine the voter's intent; (4) (A) Upon the close of the polls, the poll workers immediately shall certify and attest the list of voters and continue the count to completion, within twenty-four (24) hours of the close of the polls, and with no significant breaks in the counting process. (B) (i) A hand count of paper ballots shall be completed a minimum of twenty-four (24) hours before the certification deadline. (ii) If the hand count of paper ballots is not completed a minimum of twenty-four (24) hours before the certification deadline, the machine tabulated results under subdivision (1) of this section shall be the certified results of the election. (C) (i) If a poll worker becomes sick or incapacitated from any other cause, the remaining poll workers shall continue the count until it is completed. (ii) The county board of election commissioners shall ensure there is a minimum of four (4) poll workers available to continue the count. (D) All hand-count paper ballot totals shall be recorded by race in each precinct, and posted at the designated hand-count location upon the completion of the hand count of the paper ballots; (5) A minimum of two (2) poll workers are required to verify the vote on each hand-counted paper ballot; (6) After the count is completed, the poll workers shall make out the certificates of election in triplicate and immediately post one (1) copy outside the polling site; and (7) (A) (i) The counting of paper ballots shall be open to the public. (ii) The public shall maintain a minimum distance of three feet (3') from the poll workers counting the paper ballots. (iii) If sufficient room to maintain a minimum distance of three feet (3') from the poll workers counting the paper ballots may not be achieved, the candidate, the candidate's designated or authorized representative, and designated or authorized representatives of the political parties shall be given priority viewing by the county board of election commissioners. (B) Any candidate or political party may be present in person or by representative designated in writing under § 7-5-312 at the count of the paper ballots in any election for the purpose of determining whether or not the paper ballots in any election precinct are fairly and accurately counted. (C) The candidate in person or an authorized representative of the candidate or political party shall be permitted, upon a request's being made to a poll worker, to inspect any or all paper ballots after the paper ballots have been counted. Amended by Act 2023, No. 743,§ 3, eff. 4/12/2023. Amended by Act 2023, No. 350,§ 4, eff. 3/21/2023. Amended by Act 2023, No. 350,§ 3, eff. 3/21/2023. Acts 1977, No. 77, § 8; A.S.A. 1947, § 3-1807; Acts 2005, No. 2233, § 35; 2009, No. 1480, § 37.

When paper ballots are to be counted, the following procedures shall be followed:

(1) (A) In counting the paper ballots, the ballot box shall be opened and each paper ballot shall be counted in turn or by counting by offices and issues by first being run through a tabulation device before any hand count is conducted. (B) The poll workers shall witness the counting of the paper ballots and shall keep separate tally lists of the votes cast for each candidate or issue on the paper ballot by precinct. (C) The tabulated results shall be posted at each polling site prior to the completion of the hand count of the paper ballots;

(A) In counting the paper ballots, the ballot box shall be opened and each paper ballot shall be counted in turn or by counting by offices and issues by first being run through a tabulation device before any hand count is conducted.

(B) The poll workers shall witness the counting of the paper ballots and shall keep separate tally lists of the votes cast for each candidate or issue on the paper ballot by precinct.

(C) The tabulated results shall be posted at each polling site prior to the completion of the hand count of the paper ballots;

(2) (A) After being run through a tabulation device, the paper ballots shall be placed in a sealed double-locking hard shell ballot box for transport to the designated hand count location and the seal initialed by a minimum of two (2) election officials. (B) Each county board of election commissioners shall designate the hand count location thirty (30) days before an election. (C) A minimum of two (2) election officials shall transport the paper ballots to the hand count location. (D) All ballots from voting machines used for compliance with the Equal Access to Voting Rights Act, Pub. L. No. 98-435, the Americans with Disabilities Act, Title II of Pub. L. No. 101-336, and the Help America Vote Act of 2002, Pub. L. No. 107-252, shall be counted with the hand-counted paper ballots. (E) All paper ballots shall be stored in a secure location approved by the county board of election commissioners when not in use by a poll worker performing the hand count of the paper ballots;

(A) After being run through a tabulation device, the paper ballots shall be placed in a sealed double-locking hard shell ballot box for transport to the designated hand count location and the seal initialed by a minimum of two (2) election officials.

(B) Each county board of election commissioners shall designate the hand count location thirty (30) days before an election.

(C) A minimum of two (2) election officials shall transport the paper ballots to the hand count location.

(D) All ballots from voting machines used for compliance with the Equal Access to Voting Rights Act, Pub. L. No. 98-435, the Americans with Disabilities Act, Title II of Pub. L. No. 101-336, and the Help America Vote Act of 2002, Pub. L. No. 107-252, shall be counted with the hand-counted paper ballots.

(E) All paper ballots shall be stored in a secure location approved by the county board of election commissioners when not in use by a poll worker performing the hand count of the paper ballots;

(3) (A) When two (2) or more paper ballots are found folded together, it shall be considered as conclusive evidence the paper ballots are fraudulent and neither of the paper ballots shall be counted. (B) If a paper ballot is found to contain marks for more than the maximum allowable number of candidates in any one (1) contest, the contest shall be considered overvoted, and it shall be the responsibility of the county board of election commissioners to determine the voter's intent;

(A) When two (2) or more paper ballots are found folded together, it shall be considered as conclusive evidence the paper ballots are fraudulent and neither of the paper ballots shall be counted.

(B) If a paper ballot is found to contain marks for more than the maximum allowable number of candidates in any one (1) contest, the contest shall be considered overvoted, and it shall be the responsibility of the county board of election commissioners to determine the voter's intent;

(4) (A) Upon the close of the polls, the poll workers immediately shall certify and attest the list of voters and continue the count to completion, within twenty-four (24) hours of the close of the polls, and with no significant breaks in the counting process. (B) (i) A hand count of paper ballots shall be completed a minimum of twenty-four (24) hours before the certification deadline. (ii) If the hand count of paper ballots is not completed a minimum of twenty-four (24) hours before the certification deadline, the machine tabulated results under subdivision (1) of this section shall be the certified results of the election. (C) (i) If a poll worker becomes sick or incapacitated from any other cause, the remaining poll workers shall continue the count until it is completed. (ii) The county board of election commissioners shall ensure there is a minimum of four (4) poll workers available to continue the count. (D) All hand-count paper ballot totals shall be recorded by race in each precinct, and posted at the designated hand-count location upon the completion of the hand count of the paper ballots;

(A) Upon the close of the polls, the poll workers immediately shall certify and attest the list of voters and continue the count to completion, within twenty-four (24) hours of the close of the polls, and with no significant breaks in the counting process.

(B) (i) A hand count of paper ballots shall be completed a minimum of twenty-four (24) hours before the certification deadline. (ii) If the hand count of paper ballots is not completed a minimum of twenty-four (24) hours before the certification deadline, the machine tabulated results under subdivision (1) of this section shall be the certified results of the election.

(i) A hand count of paper ballots shall be completed a minimum of twenty-four (24) hours before the certification deadline.

(ii) If the hand count of paper ballots is not completed a minimum of twenty-four (24) hours before the certification deadline, the machine tabulated results under subdivision (1) of this section shall be the certified results of the election.

(C) (i) If a poll worker becomes sick or incapacitated from any other cause, the remaining poll workers shall continue the count until it is completed. (ii) The county board of election commissioners shall ensure there is a minimum of four (4) poll workers available to continue the count.

(i) If a poll worker becomes sick or incapacitated from any other cause, the remaining poll workers shall continue the count until it is completed.

(ii) The county board of election commissioners shall ensure there is a minimum of four (4) poll workers available to continue the count.

(D) All hand-count paper ballot totals shall be recorded by race in each precinct, and posted at the designated hand-count location upon the completion of the hand count of the paper ballots;

(5) A minimum of two (2) poll workers are required to verify the vote on each hand-counted paper ballot;

(6) After the count is completed, the poll workers shall make out the certificates of election in triplicate and immediately post one (1) copy outside the polling site; and

(7) (A) (i) The counting of paper ballots shall be open to the public. (ii) The public shall maintain a minimum distance of three feet (3') from the poll workers counting the paper ballots. (iii) If sufficient room to maintain a minimum distance of three feet (3') from the poll workers counting the paper ballots may not be achieved, the candidate, the candidate's designated or authorized representative, and designated or authorized representatives of the political parties shall be given priority viewing by the county board of election commissioners. (B) Any candidate or political party may be present in person or by representative designated in writing under § 7-5-312 at the count of the paper ballots in any election for the purpose of determining whether or not the paper ballots in any election precinct are fairly and accurately counted. (C) The candidate in person or an authorized representative of the candidate or political party shall be permitted, upon a request's being made to a poll worker, to inspect any or all paper ballots after the paper ballots have been counted.

(A) (i) The counting of paper ballots shall be open to the public. (ii) The public shall maintain a minimum distance of three feet (3') from the poll workers counting the paper ballots. (iii) If sufficient room to maintain a minimum distance of three feet (3') from the poll workers counting the paper ballots may not be achieved, the candidate, the candidate's designated or authorized representative, and designated or authorized representatives of the political parties shall be given priority viewing by the county board of election commissioners.

(i) The counting of paper ballots shall be open to the public.

(ii) The public shall maintain a minimum distance of three feet (3') from the poll workers counting the paper ballots.

(iii) If sufficient room to maintain a minimum distance of three feet (3') from the poll workers counting the paper ballots may not be achieved, the candidate, the candidate's designated or authorized representative, and designated or authorized representatives of the political parties shall be given priority viewing by the county board of election commissioners.

(B) Any candidate or political party may be present in person or by representative designated in writing under § 7-5-312 at the count of the paper ballots in any election for the purpose of determining whether or not the paper ballots in any election precinct are fairly and accurately counted.

(C) The candidate in person or an authorized representative of the candidate or political party shall be permitted, upon a request's being made to a poll worker, to inspect any or all paper ballots after the paper ballots have been counted.

Amended by Act 2023, No. 743,§ 3, eff. 4/12/2023.

Amended by Act 2023, No. 350,§ 4, eff. 3/21/2023.

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

Acts 1977, No. 77, § 8; A.S.A. 1947, § 3-1807; Acts 2005, No. 2233, § 35; 2009, No. 1480, § 37.
Ark. Code Ann. § 7-9-701 — AR Code / Title 7 / Chapter 9 / Subchapter 7 / Section 7-9-701
Definitions
Status: in_force

As used in this subchapter: (1) "Alternate delegate" means a person selected by the General Assembly to represent the State of Arkansas at an Article V Convention if the originally chosen delegate is not able to serve or vote; (2) (A) "Article V Application" means the document calling the Article V Convention adopted by: (i) The United States Congress, if the Article V Convention is called by the United States Congress under Article V of the United States Constitution; and (ii) A state legislature if the Article V Convention is called for by application of the legislatures of two-thirds (2/3) of the several states under Article V of the United States Constitution. (B) The Article V Application under subdivision (2)(A)(ii) of this section shall be made by joint resolution passed by the General Assembly; (3) "Article V Convention" means an interstate convention called under Article V of the United States Constitution; (4) "Delegate" means a person selected by the General Assembly to represent the State of Arkansas at an Article V Convention, who may be referred to as a commissioner of the State of Arkansas; (5) (A) "Legislative instructions" means the instructions of the General Assembly given to delegates and their alternate delegates regarding the permitted scope of the Article V Convention. (B) The General Assembly shall adopt legislative instructions by joint resolution. (C) Legislative instructions shall be consistent with the scope of the convention as defined by the Article V Application passed by the State of Arkansas and relied upon by the United States Congress to call the Article V Convention; and (6) Except as provided under subdivision (6)(B) of this section, "unauthorized amendment" means a proposed amendment that: (A) Does not reflect the amendment text in the Article V Application under consideration; or (B) Is outside the subject matter permitted under the Article V Application as may be clarified by the legislative instructions. Added by Act 2023, No. 835,§ 1, eff. 8/1/2023.

As used in this subchapter:

(1) "Alternate delegate" means a person selected by the General Assembly to represent the State of Arkansas at an Article V Convention if the originally chosen delegate is not able to serve or vote;

(2) (A) "Article V Application" means the document calling the Article V Convention adopted by: (i) The United States Congress, if the Article V Convention is called by the United States Congress under Article V of the United States Constitution; and (ii) A state legislature if the Article V Convention is called for by application of the legislatures of two-thirds (2/3) of the several states under Article V of the United States Constitution. (B) The Article V Application under subdivision (2)(A)(ii) of this section shall be made by joint resolution passed by the General Assembly;

(A) "Article V Application" means the document calling the Article V Convention adopted by: (i) The United States Congress, if the Article V Convention is called by the United States Congress under Article V of the United States Constitution; and (ii) A state legislature if the Article V Convention is called for by application of the legislatures of two-thirds (2/3) of the several states under Article V of the United States Constitution.

(i) The United States Congress, if the Article V Convention is called by the United States Congress under Article V of the United States Constitution; and

(ii) A state legislature if the Article V Convention is called for by application of the legislatures of two-thirds (2/3) of the several states under Article V of the United States Constitution.

(B) The Article V Application under subdivision (2)(A)(ii) of this section shall be made by joint resolution passed by the General Assembly;

(3) "Article V Convention" means an interstate convention called under Article V of the United States Constitution;

(4) "Delegate" means a person selected by the General Assembly to represent the State of Arkansas at an Article V Convention, who may be referred to as a commissioner of the State of Arkansas;

(5) (A) "Legislative instructions" means the instructions of the General Assembly given to delegates and their alternate delegates regarding the permitted scope of the Article V Convention. (B) The General Assembly shall adopt legislative instructions by joint resolution. (C) Legislative instructions shall be consistent with the scope of the convention as defined by the Article V Application passed by the State of Arkansas and relied upon by the United States Congress to call the Article V Convention; and

(A) "Legislative instructions" means the instructions of the General Assembly given to delegates and their alternate delegates regarding the permitted scope of the Article V Convention.

(B) The General Assembly shall adopt legislative instructions by joint resolution.

(C) Legislative instructions shall be consistent with the scope of the convention as defined by the Article V Application passed by the State of Arkansas and relied upon by the United States Congress to call the Article V Convention; and

(6) Except as provided under subdivision (6)(B) of this section, "unauthorized amendment" means a proposed amendment that: (A) Does not reflect the amendment text in the Article V Application under consideration; or (B) Is outside the subject matter permitted under the Article V Application as may be clarified by the legislative instructions.

(A) Does not reflect the amendment text in the Article V Application under consideration; or

(B) Is outside the subject matter permitted under the Article V Application as may be clarified by the legislative instructions.

Added by Act 2023, No. 835,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 7-9-602 — AR Code / Title 7 / Chapter 9 / Subchapter 6 / Section 7-9-602
Hiring of paid petition blockers - Definitions
Status: in_force

(a) As used in this section: (1) "Disqualifying offense" means: (A) A felony; (B) A violation of the election laws; (C) Fraud; (D) Forgery; (E) Counterfeiting; (F) Identity theft; (G) A crime of violence, including assault, battery, or intimidation; (H) Harassment; (I) Terroristic threatening; (J) A sex offense, including sexual harassment; (K) A violation of the drug and narcotics laws; (L) Breaking and entering; (M) Trespassing; (N) Destruction or damage of property; (O) Vandalism; (P) Arson; or (Q) A crime of theft, including robbery, burglary, and simple theft or larceny; (2) "Paid petition blocker" means a person who is paid or with whom there is an agreement to pay money or anything of value in exchange for interfering with a paid canvasser's attempt to solicit or obtain a signature on a petition or a paid canvasser's solicitation of a signature on a petition; and (3) "Petition-blocking sponsor" means a person, entity, or person affiliated with an entity, who pays or who makes an agreement to pay money or anything of value in exchange for interfering with a paid canvasser's attempt to solicit or obtain a signature on a petition or a paid canvasser's solicitation of a signature on a petition. (b) A petition-blocking sponsor shall: (1) Provide a complete list of all paid petition blockers' names and current residential addresses to the Secretary of State; and (2) Update the list provided under subdivision (b)(1) of this section if additional paid petition blockers are hired. (c) (1) Upon submission of the petition-blocking sponsor's list of paid petition blockers to the Secretary of State, the petition-blocking sponsor shall certify to the Secretary of State that each paid petition blocker in the petition-blocking sponsor's employ has no disqualifying offenses in accordance with this section. (2) To verify that there are no disqualifying offenses on record for a paid petition blocker, a petition-blocking sponsor shall obtain, at the petition-blocking sponsor's cost, from the Division of Arkansas State Police, a current state criminal history and criminal record search on every paid petition blocker to be registered with the Secretary of State. (3) The criminal history and criminal record search required by this section shall be obtained within thirty (30) days before the date that the paid petition blocker begins interfering with the collection of signatures. (d) Before acting as a paid petition blocker, the prospective paid petition blocker shall: (1) Be a: (A) Citizen of the United States; and (B) Resident of this state; and (2) Submit in person or by mail to the petition-blocking sponsor: (A) The full name and any assumed name of the prospective paid petition blocker; (B) The current residence address of the prospective paid petition blocker and the prospective paid petition blocker's permanent domicile address if the prospective paid petition blocker's permanent domicile address is different from the prospective paid petition blocker's current residence address; and (C) A signed statement taken under oath or solemn affirmation stating that the prospective paid petition blocker has not pleaded guilty or nolo contendere to or been found guilty of a disqualifying offense in any state of the United States, the District of Columbia, Puerto Rico, Guam, or any other United States protectorate. (e) A petition-blocking sponsor shall maintain the information required under this section for each paid petition blocker for three (3) years after the general election. (f) Upon conviction, a person commits a Class A misdemeanor if the petition-blocking sponsor or paid petition blocker knowingly violates this section. Added by Act 2023, No. 766,§ 2, eff. 8/1/2023.

(a) As used in this section: (1) "Disqualifying offense" means: (A) A felony; (B) A violation of the election laws; (C) Fraud; (D) Forgery; (E) Counterfeiting; (F) Identity theft; (G) A crime of violence, including assault, battery, or intimidation; (H) Harassment; (I) Terroristic threatening; (J) A sex offense, including sexual harassment; (K) A violation of the drug and narcotics laws; (L) Breaking and entering; (M) Trespassing; (N) Destruction or damage of property; (O) Vandalism; (P) Arson; or (Q) A crime of theft, including robbery, burglary, and simple theft or larceny; (2) "Paid petition blocker" means a person who is paid or with whom there is an agreement to pay money or anything of value in exchange for interfering with a paid canvasser's attempt to solicit or obtain a signature on a petition or a paid canvasser's solicitation of a signature on a petition; and (3) "Petition-blocking sponsor" means a person, entity, or person affiliated with an entity, who pays or who makes an agreement to pay money or anything of value in exchange for interfering with a paid canvasser's attempt to solicit or obtain a signature on a petition or a paid canvasser's solicitation of a signature on a petition.

(1) "Disqualifying offense" means: (A) A felony; (B) A violation of the election laws; (C) Fraud; (D) Forgery; (E) Counterfeiting; (F) Identity theft; (G) A crime of violence, including assault, battery, or intimidation; (H) Harassment; (I) Terroristic threatening; (J) A sex offense, including sexual harassment; (K) A violation of the drug and narcotics laws; (L) Breaking and entering; (M) Trespassing; (N) Destruction or damage of property; (O) Vandalism; (P) Arson; or (Q) A crime of theft, including robbery, burglary, and simple theft or larceny;

(A) A felony;

(B) A violation of the election laws;

(C) Fraud;

(D) Forgery;

(E) Counterfeiting;

(F) Identity theft;

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

(H) Harassment;

(I) Terroristic threatening;

(J) A sex offense, including sexual harassment;

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

(L) Breaking and entering;

(M) Trespassing;

(N) Destruction or damage of property;

(O) Vandalism;

(P) Arson; or

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

(2) "Paid petition blocker" means a person who is paid or with whom there is an agreement to pay money or anything of value in exchange for interfering with a paid canvasser's attempt to solicit or obtain a signature on a petition or a paid canvasser's solicitation of a signature on a petition; and

(3) "Petition-blocking sponsor" means a person, entity, or person affiliated with an entity, who pays or who makes an agreement to pay money or anything of value in exchange for interfering with a paid canvasser's attempt to solicit or obtain a signature on a petition or a paid canvasser's solicitation of a signature on a petition.

(b) A petition-blocking sponsor shall: (1) Provide a complete list of all paid petition blockers' names and current residential addresses to the Secretary of State; and (2) Update the list provided under subdivision (b)(1) of this section if additional paid petition blockers are hired.

(1) Provide a complete list of all paid petition blockers' names and current residential addresses to the Secretary of State; and

(2) Update the list provided under subdivision (b)(1) of this section if additional paid petition blockers are hired.

(c) (1) Upon submission of the petition-blocking sponsor's list of paid petition blockers to the Secretary of State, the petition-blocking sponsor shall certify to the Secretary of State that each paid petition blocker in the petition-blocking sponsor's employ has no disqualifying offenses in accordance with this section. (2) To verify that there are no disqualifying offenses on record for a paid petition blocker, a petition-blocking sponsor shall obtain, at the petition-blocking sponsor's cost, from the Division of Arkansas State Police, a current state criminal history and criminal record search on every paid petition blocker to be registered with the Secretary of State. (3) The criminal history and criminal record search required by this section shall be obtained within thirty (30) days before the date that the paid petition blocker begins interfering with the collection of signatures.

(1) Upon submission of the petition-blocking sponsor's list of paid petition blockers to the Secretary of State, the petition-blocking sponsor shall certify to the Secretary of State that each paid petition blocker in the petition-blocking sponsor's employ has no disqualifying offenses in accordance with this section.

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

(3) The criminal history and criminal record search required by this section shall be obtained within thirty (30) days before the date that the paid petition blocker begins interfering with the collection of signatures.

(d) Before acting as a paid petition blocker, the prospective paid petition blocker shall: (1) Be a: (A) Citizen of the United States; and (B) Resident of this state; and (2) Submit in person or by mail to the petition-blocking sponsor: (A) The full name and any assumed name of the prospective paid petition blocker; (B) The current residence address of the prospective paid petition blocker and the prospective paid petition blocker's permanent domicile address if the prospective paid petition blocker's permanent domicile address is different from the prospective paid petition blocker's current residence address; and (C) A signed statement taken under oath or solemn affirmation stating that the prospective paid petition blocker has not pleaded guilty or nolo contendere to or been found guilty of a disqualifying offense in any state of the United States, the District of Columbia, Puerto Rico, Guam, or any other United States protectorate.

(1) Be a: (A) Citizen of the United States; and (B) Resident of this state; and

(A) Citizen of the United States; and

(B) Resident of this state; and

(2) Submit in person or by mail to the petition-blocking sponsor: (A) The full name and any assumed name of the prospective paid petition blocker; (B) The current residence address of the prospective paid petition blocker and the prospective paid petition blocker's permanent domicile address if the prospective paid petition blocker's permanent domicile address is different from the prospective paid petition blocker's current residence address; and (C) A signed statement taken under oath or solemn affirmation stating that the prospective paid petition blocker has not pleaded guilty or nolo contendere to or been found guilty of a disqualifying offense in any state of the United States, the District of Columbia, Puerto Rico, Guam, or any other United States protectorate.

(A) The full name and any assumed name of the prospective paid petition blocker;

(B) The current residence address of the prospective paid petition blocker and the prospective paid petition blocker's permanent domicile address if the prospective paid petition blocker's permanent domicile address is different from the prospective paid petition blocker's current residence address; and

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

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

(f) Upon conviction, a person commits a Class A misdemeanor if the petition-blocking sponsor or paid petition blocker knowingly violates this section.

Added by Act 2023, No. 766,§ 2, eff. 8/1/2023.
Ark. Code Ann. § 7-5-112 — AR Code / Title 7 / Chapter 5 / Subchapter 1 / Section 7-5-112
Secure voter registration for domestic violence victims - Definition
Status: in_force

(a) A registered voter who is a victim of domestic violence may request secure voter status for his or her voter registration information. (b) A registered voter designated as a secure voter is required to comply with all voter identification requirements when casting a ballot. (c) Any address information for a secure voter is confidential and is not a public record under the Freedom of Information Act of 1967, § 25-19-101 et seq. (d) The Secretary of State shall promulgate rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to implement the process by which a registered voter who is the victim of domestic violence may request secure voter status from the county clerks, including without limitation the: (1) Administrative process a county clerk shall use to verify eligibility for secure voter status; (2) Documentation required for domestic violence victims to be approved for secure voter status; (3) Format in which the county clerk shall maintain any addresses of all registered voters listed on the voter registration roll when the registered voter has a secure voter status; and (4) Process for complying with a post-election challenge involving a secure voter. (e) As used in §§ 7-5-109 and 7-5-110 and this section, "secure voter" means a registered voter who requests to have his or her address or addresses protected from public release and is a domestic violence victim who: (1) Is the victim of any offense under § 5-26-301 et seq. as adjudicated by a court; (2) Has been granted an order of protection under the Domestic Abuse Act of 1991, § 9-15-101 et seq.; or (3) Is recognized as a victim of domestic violence in any court order or ruling. Added by Act 2021, No. 980,§ 4, eff. 7/28/2021.

(a) A registered voter who is a victim of domestic violence may request secure voter status for his or her voter registration information.

(b) A registered voter designated as a secure voter is required to comply with all voter identification requirements when casting a ballot.

(c) Any address information for a secure voter is confidential and is not a public record under the Freedom of Information Act of 1967, § 25-19-101 et seq.

(d) The Secretary of State shall promulgate rules in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq., to implement the process by which a registered voter who is the victim of domestic violence may request secure voter status from the county clerks, including without limitation the: (1) Administrative process a county clerk shall use to verify eligibility for secure voter status; (2) Documentation required for domestic violence victims to be approved for secure voter status; (3) Format in which the county clerk shall maintain any addresses of all registered voters listed on the voter registration roll when the registered voter has a secure voter status; and (4) Process for complying with a post-election challenge involving a secure voter.

(1) Administrative process a county clerk shall use to verify eligibility for secure voter status;

(2) Documentation required for domestic violence victims to be approved for secure voter status;

(3) Format in which the county clerk shall maintain any addresses of all registered voters listed on the voter registration roll when the registered voter has a secure voter status; and

(4) Process for complying with a post-election challenge involving a secure voter.

(e) As used in §§ 7-5-109 and 7-5-110 and this section, "secure voter" means a registered voter who requests to have his or her address or addresses protected from public release and is a domestic violence victim who: (1) Is the victim of any offense under § 5-26-301 et seq. as adjudicated by a court; (2) Has been granted an order of protection under the Domestic Abuse Act of 1991, § 9-15-101 et seq.; or (3) Is recognized as a victim of domestic violence in any court order or ruling.

(1) Is the victim of any offense under § 5-26-301 et seq. as adjudicated by a court;

(2) Has been granted an order of protection under the Domestic Abuse Act of 1991, § 9-15-101 et seq.; or

(3) Is recognized as a victim of domestic violence in any court order or ruling.

Added by Act 2021, No. 980,§ 4, eff. 7/28/2021.
Ark. Code Ann. § 7-4-107 — AR Code / Title 7 / Chapter 4 / Subchapter 1 / Section 7-4-107
Duties of county board of election commissioners
Status: in_force

(a) The county board of election commissioners shall: (1) Ensure compliance with all legal requirements relating to the conduct of elections; (2) Exercise its duties consistent with the training and materials provided by the State Board of Election Commissioners; (3) Allocate a sufficient number of secure ballot boxes if voting is conducted using preprinted paper ballots for each polling site based on the number of votes cast at that polling site in the immediately preceding: (A) Preferential primary election or general election if the election for which the secure ballot boxes are prepared is a preferential primary election or general election; and (B) Special election if the election for which the secure ballot boxes are prepared is a special election; (4) Allocate sufficient components of a voting system approved for use under § 7-5-301 for each polling site based on the number of votes cast at that polling site in the immediately preceding: (A) Preferential primary election or general election if the election for which the components are prepared is a preferential primary election or general election; and (B) Special election if the election for which the components are prepared is a special election; (5) Appoint the requisite number of election officials at each site where voters present themselves to vote to ensure that there is a sufficient number of election officials at each site, based upon the votes in the immediately preceding comparable election; and (6) (A) Supervise all election officials. (B) The supervision of election officials may be delegated by an affirmative vote of a quorum of all members of the county board of election commissioners. (b) (1) The county board of election commissioners shall select and appoint a sufficient number of election officials for each polling site as provided by subsection (a) of this section and perform the other duties prescribed not less than twenty (20) days preceding an election. (2) (A) Each polling site shall have a minimum of two (2) election clerks, one (1) election judge, and one (1) election sheriff. (B) The election judge shall serve as the poll supervisor. (C) (i) All election officials at a polling site shall have completed training under § 7-4-109 within the twelve (12) months before the election. (ii) The minority party election commissioner shall have the option to designate a number of election officials equal to one (1) less than the majority of election officials at each polling site, with a minimum of two (2) election officials at each polling site. (iii) In the event that the county party representatives on the county board of election commissioners fail to agree upon any election official to fill an election post allotted to the respective party twenty (20) days before the election, the county board of election commissioners shall appoint the remaining election officials. (c) The county board of election commissioners may permit election officials to work half-day or split shifts at the polls at any election so long as the requisite number of election officials is always present. Amended by Act 2021, No. 950,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 966,§ 2, eff. 7/24/2019. Amended by Act 2013, No. 1457,§ 1, eff. 8/16/2013. Acts 1969, No. 465, Art. 5, § 6 and Art. 7, § 3; 1971, No. 261, § 9; 1973, No. 157, § 6; A.S.A. 1947, §§ 3-506, 3-703; Acts 1993, No. 511, §§ 1, 2; 1997, No. 647, § 5; 1999, No. 1490, § 2; 2001, No. 562, § 1; 2001, No. 1822, § 2; 2005, No. 894, § 1; 2005, No. 1827, § 2; 2007, No. 222, § 3; 2007, No. 559, § 3.

(a) The county board of election commissioners shall: (1) Ensure compliance with all legal requirements relating to the conduct of elections; (2) Exercise its duties consistent with the training and materials provided by the State Board of Election Commissioners; (3) Allocate a sufficient number of secure ballot boxes if voting is conducted using preprinted paper ballots for each polling site based on the number of votes cast at that polling site in the immediately preceding: (A) Preferential primary election or general election if the election for which the secure ballot boxes are prepared is a preferential primary election or general election; and (B) Special election if the election for which the secure ballot boxes are prepared is a special election; (4) Allocate sufficient components of a voting system approved for use under § 7-5-301 for each polling site based on the number of votes cast at that polling site in the immediately preceding: (A) Preferential primary election or general election if the election for which the components are prepared is a preferential primary election or general election; and (B) Special election if the election for which the components are prepared is a special election; (5) Appoint the requisite number of election officials at each site where voters present themselves to vote to ensure that there is a sufficient number of election officials at each site, based upon the votes in the immediately preceding comparable election; and (6) (A) Supervise all election officials. (B) The supervision of election officials may be delegated by an affirmative vote of a quorum of all members of the county board of election commissioners.

(1) Ensure compliance with all legal requirements relating to the conduct of elections;

(2) Exercise its duties consistent with the training and materials provided by the State Board of Election Commissioners;

(3) Allocate a sufficient number of secure ballot boxes if voting is conducted using preprinted paper ballots for each polling site based on the number of votes cast at that polling site in the immediately preceding: (A) Preferential primary election or general election if the election for which the secure ballot boxes are prepared is a preferential primary election or general election; and (B) Special election if the election for which the secure ballot boxes are prepared is a special election;

(A) Preferential primary election or general election if the election for which the secure ballot boxes are prepared is a preferential primary election or general election; and

(B) Special election if the election for which the secure ballot boxes are prepared is a special election;

(4) Allocate sufficient components of a voting system approved for use under § 7-5-301 for each polling site based on the number of votes cast at that polling site in the immediately preceding: (A) Preferential primary election or general election if the election for which the components are prepared is a preferential primary election or general election; and (B) Special election if the election for which the components are prepared is a special election;

(A) Preferential primary election or general election if the election for which the components are prepared is a preferential primary election or general election; and

(B) Special election if the election for which the components are prepared is a special election;

(5) Appoint the requisite number of election officials at each site where voters present themselves to vote to ensure that there is a sufficient number of election officials at each site, based upon the votes in the immediately preceding comparable election; and

(6) (A) Supervise all election officials. (B) The supervision of election officials may be delegated by an affirmative vote of a quorum of all members of the county board of election commissioners.

(A) Supervise all election officials.

(B) The supervision of election officials may be delegated by an affirmative vote of a quorum of all members of the county board of election commissioners.

(b) (1) The county board of election commissioners shall select and appoint a sufficient number of election officials for each polling site as provided by subsection (a) of this section and perform the other duties prescribed not less than twenty (20) days preceding an election. (2) (A) Each polling site shall have a minimum of two (2) election clerks, one (1) election judge, and one (1) election sheriff. (B) The election judge shall serve as the poll supervisor. (C) (i) All election officials at a polling site shall have completed training under § 7-4-109 within the twelve (12) months before the election. (ii) The minority party election commissioner shall have the option to designate a number of election officials equal to one (1) less than the majority of election officials at each polling site, with a minimum of two (2) election officials at each polling site. (iii) In the event that the county party representatives on the county board of election commissioners fail to agree upon any election official to fill an election post allotted to the respective party twenty (20) days before the election, the county board of election commissioners shall appoint the remaining election officials.

(1) The county board of election commissioners shall select and appoint a sufficient number of election officials for each polling site as provided by subsection (a) of this section and perform the other duties prescribed not less than twenty (20) days preceding an election.

(2) (A) Each polling site shall have a minimum of two (2) election clerks, one (1) election judge, and one (1) election sheriff. (B) The election judge shall serve as the poll supervisor. (C) (i) All election officials at a polling site shall have completed training under § 7-4-109 within the twelve (12) months before the election. (ii) The minority party election commissioner shall have the option to designate a number of election officials equal to one (1) less than the majority of election officials at each polling site, with a minimum of two (2) election officials at each polling site. (iii) In the event that the county party representatives on the county board of election commissioners fail to agree upon any election official to fill an election post allotted to the respective party twenty (20) days before the election, the county board of election commissioners shall appoint the remaining election officials.

(A) Each polling site shall have a minimum of two (2) election clerks, one (1) election judge, and one (1) election sheriff.

(B) The election judge shall serve as the poll supervisor.

(C) (i) All election officials at a polling site shall have completed training under § 7-4-109 within the twelve (12) months before the election. (ii) The minority party election commissioner shall have the option to designate a number of election officials equal to one (1) less than the majority of election officials at each polling site, with a minimum of two (2) election officials at each polling site. (iii) In the event that the county party representatives on the county board of election commissioners fail to agree upon any election official to fill an election post allotted to the respective party twenty (20) days before the election, the county board of election commissioners shall appoint the remaining election officials.

(i) All election officials at a polling site shall have completed training under § 7-4-109 within the twelve (12) months before the election.

(ii) The minority party election commissioner shall have the option to designate a number of election officials equal to one (1) less than the majority of election officials at each polling site, with a minimum of two (2) election officials at each polling site.

(iii) In the event that the county party representatives on the county board of election commissioners fail to agree upon any election official to fill an election post allotted to the respective party twenty (20) days before the election, the county board of election commissioners shall appoint the remaining election officials.

(c) The county board of election commissioners may permit election officials to work half-day or split shifts at the polls at any election so long as the requisite number of election officials is always present.

Amended by Act 2021, No. 950,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 966,§ 2, eff. 7/24/2019.

Amended by Act 2013, No. 1457,§ 1, eff. 8/16/2013.

Acts 1969, No. 465, Art. 5, § 6 and Art. 7, § 3; 1971, No. 261, § 9; 1973, No. 157, § 6; A.S.A. 1947, §§ 3-506, 3-703; Acts 1993, No. 511, §§ 1, 2; 1997, No. 647, § 5; 1999, No. 1490, § 2; 2001, No. 562, § 1; 2001, No. 1822, § 2; 2005, No. 894, § 1; 2005, No. 1827, § 2; 2007, No. 222, § 3; 2007, No. 559, § 3.
Ark. Code Ann. § 7-1-112 — AR Code / Title 7 / Chapter 1 / Section 7-1-112
Destruction of a ballot or ballot materials - Prohibited - Definitions
Status: in_force

(a) A person shall not knowingly destroy a ballot or ballot-related material required to be preserved by law until after: (1) Two (2) years after the certification of the results of the election; and (2) The county board of election commissioners has entered an order, created a record to be maintained, and filed the order for destruction of the ballot or ballot-related material. (b) (1) As used in this section, "ballot or ballot-related material" means a ballot or other form that is: (A) Provided to a person representing himself or herself as the voter or his or her agent by a county clerk, member of a county board of election commissioners, or poll worker; and (B) Returned by the person representing himself or herself as a voter or his or her agent for the purpose of voting in an election. (2) "Ballot or ballot-related material" includes without limitation: (A) A ballot that has been completed, cast, abandoned, or spoiled; (B) A ballot stub or certificate from a ballot that has been completed, cast, abandoned, or spoiled; (C) A voter statement that has been submitted to the county clerk; (D) An envelope that contains a ballot; (E) An affidavit provided to the county clerk; (F) An absentee ballot list maintained under § 7-5-416 ; (G) An absentee ballot application; and (H) A list of applications for an absentee ballot under § 7-5-408 . (c) A person who is convicted under this section is guilty of an unclassified felony and shall: (1) Be sentenced to a term of no less than one (1) year and no more than six (6) years; and (2) Pay a fine of up to ten thousand dollars ($10,000). Added by Act 2013, No. 1261,§ 1, eff. 8/16/2013.

(a) A person shall not knowingly destroy a ballot or ballot-related material required to be preserved by law until after: (1) Two (2) years after the certification of the results of the election; and (2) The county board of election commissioners has entered an order, created a record to be maintained, and filed the order for destruction of the ballot or ballot-related material.

(1) Two (2) years after the certification of the results of the election; and

(2) The county board of election commissioners has entered an order, created a record to be maintained, and filed the order for destruction of the ballot or ballot-related material.

(b) (1) As used in this section, "ballot or ballot-related material" means a ballot or other form that is: (A) Provided to a person representing himself or herself as the voter or his or her agent by a county clerk, member of a county board of election commissioners, or poll worker; and (B) Returned by the person representing himself or herself as a voter or his or her agent for the purpose of voting in an election. (2) "Ballot or ballot-related material" includes without limitation: (A) A ballot that has been completed, cast, abandoned, or spoiled; (B) A ballot stub or certificate from a ballot that has been completed, cast, abandoned, or spoiled; (C) A voter statement that has been submitted to the county clerk; (D) An envelope that contains a ballot; (E) An affidavit provided to the county clerk; (F) An absentee ballot list maintained under § 7-5-416 ; (G) An absentee ballot application; and (H) A list of applications for an absentee ballot under § 7-5-408 .

(1) As used in this section, "ballot or ballot-related material" means a ballot or other form that is: (A) Provided to a person representing himself or herself as the voter or his or her agent by a county clerk, member of a county board of election commissioners, or poll worker; and (B) Returned by the person representing himself or herself as a voter or his or her agent for the purpose of voting in an election.

(A) Provided to a person representing himself or herself as the voter or his or her agent by a county clerk, member of a county board of election commissioners, or poll worker; and

(B) Returned by the person representing himself or herself as a voter or his or her agent for the purpose of voting in an election.

(2) "Ballot or ballot-related material" includes without limitation: (A) A ballot that has been completed, cast, abandoned, or spoiled; (B) A ballot stub or certificate from a ballot that has been completed, cast, abandoned, or spoiled; (C) A voter statement that has been submitted to the county clerk; (D) An envelope that contains a ballot; (E) An affidavit provided to the county clerk; (F) An absentee ballot list maintained under § 7-5-416 ; (G) An absentee ballot application; and (H) A list of applications for an absentee ballot under § 7-5-408 .

(A) A ballot that has been completed, cast, abandoned, or spoiled;

(B) A ballot stub or certificate from a ballot that has been completed, cast, abandoned, or spoiled;

(C) A voter statement that has been submitted to the county clerk;

(D) An envelope that contains a ballot;

(E) An affidavit provided to the county clerk;

(F) An absentee ballot list maintained under § 7-5-416 ;

(G) An absentee ballot application; and

(H) A list of applications for an absentee ballot under § 7-5-408 .

(c) A person who is convicted under this section is guilty of an unclassified felony and shall: (1) Be sentenced to a term of no less than one (1) year and no more than six (6) years; and (2) Pay a fine of up to ten thousand dollars ($10,000).

(1) Be sentenced to a term of no less than one (1) year and no more than six (6) years; and

(2) Pay a fine of up to ten thousand dollars ($10,000).

Added by Act 2013, No. 1261,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 7-9-110 — AR Code / Title 7 / Chapter 9 / Subchapter 1 / Section 7-9-110
Designation of number and popular name
Status: in_force

(a) The popular name of each state measure shall be the popular name provided by the sponsor under § 7-9-107 , and the number of the measure on the ballot shall be designated as provided in § 7-9-116 . (b) In all legal notices and publications affecting a measure, the measure shall be identified by both the designated number and popular name. Amended by Act 2019, No. 376,§ 8, eff. 3/8/2019. Amended by Act 2013, No. 1413,§ 12, eff. 4/22/2013. Acts 1933, No. 71, §§ 1, 2; Pope's Dig., §§ 1772, 1773; A.S.A. 1947, §§ 2-209, 2-214; Acts 1993, No. 512, § 9; 2009, No. 281, § 1.

(a) The popular name of each state measure shall be the popular name provided by the sponsor under § 7-9-107 , and the number of the measure on the ballot shall be designated as provided in § 7-9-116 .

(b) In all legal notices and publications affecting a measure, the measure shall be identified by both the designated number and popular name.

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

Amended by Act 2013, No. 1413,§ 12, eff. 4/22/2013.

Acts 1933, No. 71, §§ 1, 2; Pope's Dig., §§ 1772, 1773; A.S.A. 1947, §§ 2-209, 2-214; Acts 1993, No. 512, § 9; 2009, No. 281, § 1.
Ark. Code Ann. § 7-5-209 — AR Code / Title 7 / Chapter 5 / Subchapter 2 / Section 7-5-209
Ballots - Correction of errors
Status: in_force

(a) If the county board of election commissioners learns that an error or omission has occurred in the publication of the names or description of candidates nominated for office or in the preparation of ballots, the county board of election commissioners shall in a public meeting announce the error or omission and immediately correct the error or omission or show cause why the correction should not be done. (b) If an error in the preparation of the ballots has occurred, the error shall be corrected unless the county board of election commissioners determines by unanimous vote that the error: (1) Cannot be corrected prior to the conclusion of voting; or (2) Is of a nature that: (A) It can be effectively mitigated; and (B) The costs to the county do not justify the correction based on the: (i) Cost of correcting the error; (ii) Disruption to the election process; and (iii) Fiscal impact to the county. (c) As soon as possible, a county board of election commissioners shall correct a ballot error in which there is an omission from the ballot of: (1) A contested race; (2) A candidate omitted from a race; or (3) An issue other than a school millage issue in which no change is proposed in the rate of the millage. (d) (1) When an error is identified, the applicable mitigation measures shall be implemented, and these measures shall remain in place until the error is corrected or the election concludes. (2) Errors in the rendering of the candidate's name on the ballot shall be mitigated by: (A) Posting a notice on each ballot marking device or voting booth that: (i) Informs voters that an error is present on the ballot; and (ii) Provides the correct rendering of the race including each candidate's name on the ballot as it should have appeared on the ballot for that race in the order in which the candidates appear on the ballot; and (B) Providing a copy of the notice under subdivision (d)(2)(A) of this section to the county clerk who shall include the notice under subdivision (d)(2)(A) of this section in the materials delivered with all absentee ballots sent after the error is discovered. (3) A notice posted under subdivision (d)(2)(A) of this section regarding an error in the rendering of a candidate's name on the ballot shall not identify the specific candidate affected by the error. (4) Errors in the rendering of a ballot issue shall be mitigated by: (A) Posting a notice on each ballot marking device or voting booth which informs voters that an error is present on the ballot and provides the correct text of the ballot issue in question; and (B) Providing a copy of the notice under subdivision (d)(4)(A) of this section in the materials delivered with all absentee ballots sent after the error is discovered. (5) Omission of a race or issue on the ballot shall be mitigated by: (A) The assignment of voters to another ballot style if another ballot style is available in the county which has the same issues and races which should have been included on the ballot containing the error; or (B) The creation by the county board of election commissioners of a special error correction ballot that shall be provided to voters to allow the voters to vote in the omitted race or issue contest. (e) A special error correction ballot shall be governed by the following provisions: (1) The county board of election commissioners shall work with the county clerk to develop a list of voters affected by the error who require access to the special error correction ballot in addition to their assigned regular ballot; (2) (A) Each voter who has previously cast a ballot that did not include the race or issue omitted shall be contacted by the county board of election commissioners using any contact information provided in the voter's voter registration records. (B) Each voter who has previously cast a ballot that did not include the race or issue omitted may cast the special error correction ballot; (3) When a special error correction ballot is in use, the poll workers shall: (A) Review the list of voters affected by the error when checking in a voter to the poll to vote; (B) Issue the special error correction ballot assigned to each voter identified on the list of affected voters; (C) Note each voter who cast a special error correction ballot on the list of voters; and (D) Ensure each voter deposits the special error correction ballot cast as a regular ballot into a separate sealed ballot box or the emergency bin of the tabulator if no additional ballot box is available; and (4) (A) Poll workers shall allow a voter to cast the special error correction ballot as a provisional ballot if no list of affected voters is available or if a voter believes he or she is entitled to vote in the omitted race but has not been identified on the list of voters affected by the error. (B) A voter who is eligible to cast his or her assigned ballot as a regular ballot and has not been designated as requiring a special error correction ballot may cast a special error correction ballot as a provisional ballot while casting his or her assigned ballot as a regular ballot. (C) If the voter under subdivision (e)(4)(B) of this section is also casting a provisional ballot for any reason not related to the error addressed by the special error correction ballot, the special error correction ballot shall be included in the same provisional envelope as the assigned ballot which is cast provisionally. Amended by Act 2023, No. 308,§ 1, eff. 8/1/2023. Acts 1969, No. 465, Art. 6, § 12; A.S.A. 1947, § 3-612; Acts 1997, No. 451, § 14; 2009, No. 1480, § 21.

(a) If the county board of election commissioners learns that an error or omission has occurred in the publication of the names or description of candidates nominated for office or in the preparation of ballots, the county board of election commissioners shall in a public meeting announce the error or omission and immediately correct the error or omission or show cause why the correction should not be done.

(b) If an error in the preparation of the ballots has occurred, the error shall be corrected unless the county board of election commissioners determines by unanimous vote that the error: (1) Cannot be corrected prior to the conclusion of voting; or (2) Is of a nature that: (A) It can be effectively mitigated; and (B) The costs to the county do not justify the correction based on the: (i) Cost of correcting the error; (ii) Disruption to the election process; and (iii) Fiscal impact to the county.

(1) Cannot be corrected prior to the conclusion of voting; or

(2) Is of a nature that: (A) It can be effectively mitigated; and (B) The costs to the county do not justify the correction based on the: (i) Cost of correcting the error; (ii) Disruption to the election process; and (iii) Fiscal impact to the county.

(A) It can be effectively mitigated; and

(B) The costs to the county do not justify the correction based on the: (i) Cost of correcting the error; (ii) Disruption to the election process; and (iii) Fiscal impact to the county.

(i) Cost of correcting the error;

(ii) Disruption to the election process; and

(iii) Fiscal impact to the county.

(c) As soon as possible, a county board of election commissioners shall correct a ballot error in which there is an omission from the ballot of: (1) A contested race; (2) A candidate omitted from a race; or (3) An issue other than a school millage issue in which no change is proposed in the rate of the millage.

(1) A contested race;

(2) A candidate omitted from a race; or

(3) An issue other than a school millage issue in which no change is proposed in the rate of the millage.

(d) (1) When an error is identified, the applicable mitigation measures shall be implemented, and these measures shall remain in place until the error is corrected or the election concludes. (2) Errors in the rendering of the candidate's name on the ballot shall be mitigated by: (A) Posting a notice on each ballot marking device or voting booth that: (i) Informs voters that an error is present on the ballot; and (ii) Provides the correct rendering of the race including each candidate's name on the ballot as it should have appeared on the ballot for that race in the order in which the candidates appear on the ballot; and (B) Providing a copy of the notice under subdivision (d)(2)(A) of this section to the county clerk who shall include the notice under subdivision (d)(2)(A) of this section in the materials delivered with all absentee ballots sent after the error is discovered. (3) A notice posted under subdivision (d)(2)(A) of this section regarding an error in the rendering of a candidate's name on the ballot shall not identify the specific candidate affected by the error. (4) Errors in the rendering of a ballot issue shall be mitigated by: (A) Posting a notice on each ballot marking device or voting booth which informs voters that an error is present on the ballot and provides the correct text of the ballot issue in question; and (B) Providing a copy of the notice under subdivision (d)(4)(A) of this section in the materials delivered with all absentee ballots sent after the error is discovered. (5) Omission of a race or issue on the ballot shall be mitigated by: (A) The assignment of voters to another ballot style if another ballot style is available in the county which has the same issues and races which should have been included on the ballot containing the error; or (B) The creation by the county board of election commissioners of a special error correction ballot that shall be provided to voters to allow the voters to vote in the omitted race or issue contest.

(1) When an error is identified, the applicable mitigation measures shall be implemented, and these measures shall remain in place until the error is corrected or the election concludes.

(2) Errors in the rendering of the candidate's name on the ballot shall be mitigated by: (A) Posting a notice on each ballot marking device or voting booth that: (i) Informs voters that an error is present on the ballot; and (ii) Provides the correct rendering of the race including each candidate's name on the ballot as it should have appeared on the ballot for that race in the order in which the candidates appear on the ballot; and (B) Providing a copy of the notice under subdivision (d)(2)(A) of this section to the county clerk who shall include the notice under subdivision (d)(2)(A) of this section in the materials delivered with all absentee ballots sent after the error is discovered.

(A) Posting a notice on each ballot marking device or voting booth that: (i) Informs voters that an error is present on the ballot; and (ii) Provides the correct rendering of the race including each candidate's name on the ballot as it should have appeared on the ballot for that race in the order in which the candidates appear on the ballot; and

(i) Informs voters that an error is present on the ballot; and

(ii) Provides the correct rendering of the race including each candidate's name on the ballot as it should have appeared on the ballot for that race in the order in which the candidates appear on the ballot; and

(B) Providing a copy of the notice under subdivision (d)(2)(A) of this section to the county clerk who shall include the notice under subdivision (d)(2)(A) of this section in the materials delivered with all absentee ballots sent after the error is discovered.

(3) A notice posted under subdivision (d)(2)(A) of this section regarding an error in the rendering of a candidate's name on the ballot shall not identify the specific candidate affected by the error.

(4) Errors in the rendering of a ballot issue shall be mitigated by: (A) Posting a notice on each ballot marking device or voting booth which informs voters that an error is present on the ballot and provides the correct text of the ballot issue in question; and (B) Providing a copy of the notice under subdivision (d)(4)(A) of this section in the materials delivered with all absentee ballots sent after the error is discovered.

(A) Posting a notice on each ballot marking device or voting booth which informs voters that an error is present on the ballot and provides the correct text of the ballot issue in question; and

(B) Providing a copy of the notice under subdivision (d)(4)(A) of this section in the materials delivered with all absentee ballots sent after the error is discovered.

(5) Omission of a race or issue on the ballot shall be mitigated by: (A) The assignment of voters to another ballot style if another ballot style is available in the county which has the same issues and races which should have been included on the ballot containing the error; or (B) The creation by the county board of election commissioners of a special error correction ballot that shall be provided to voters to allow the voters to vote in the omitted race or issue contest.

(A) The assignment of voters to another ballot style if another ballot style is available in the county which has the same issues and races which should have been included on the ballot containing the error; or

(B) The creation by the county board of election commissioners of a special error correction ballot that shall be provided to voters to allow the voters to vote in the omitted race or issue contest.

(e) A special error correction ballot shall be governed by the following provisions: (1) The county board of election commissioners shall work with the county clerk to develop a list of voters affected by the error who require access to the special error correction ballot in addition to their assigned regular ballot; (2) (A) Each voter who has previously cast a ballot that did not include the race or issue omitted shall be contacted by the county board of election commissioners using any contact information provided in the voter's voter registration records. (B) Each voter who has previously cast a ballot that did not include the race or issue omitted may cast the special error correction ballot; (3) When a special error correction ballot is in use, the poll workers shall: (A) Review the list of voters affected by the error when checking in a voter to the poll to vote; (B) Issue the special error correction ballot assigned to each voter identified on the list of affected voters; (C) Note each voter who cast a special error correction ballot on the list of voters; and (D) Ensure each voter deposits the special error correction ballot cast as a regular ballot into a separate sealed ballot box or the emergency bin of the tabulator if no additional ballot box is available; and (4) (A) Poll workers shall allow a voter to cast the special error correction ballot as a provisional ballot if no list of affected voters is available or if a voter believes he or she is entitled to vote in the omitted race but has not been identified on the list of voters affected by the error. (B) A voter who is eligible to cast his or her assigned ballot as a regular ballot and has not been designated as requiring a special error correction ballot may cast a special error correction ballot as a provisional ballot while casting his or her assigned ballot as a regular ballot. (C) If the voter under subdivision (e)(4)(B) of this section is also casting a provisional ballot for any reason not related to the error addressed by the special error correction ballot, the special error correction ballot shall be included in the same provisional envelope as the assigned ballot which is cast provisionally.

(1) The county board of election commissioners shall work with the county clerk to develop a list of voters affected by the error who require access to the special error correction ballot in addition to their assigned regular ballot;

(2) (A) Each voter who has previously cast a ballot that did not include the race or issue omitted shall be contacted by the county board of election commissioners using any contact information provided in the voter's voter registration records. (B) Each voter who has previously cast a ballot that did not include the race or issue omitted may cast the special error correction ballot;

(A) Each voter who has previously cast a ballot that did not include the race or issue omitted shall be contacted by the county board of election commissioners using any contact information provided in the voter's voter registration records.

(B) Each voter who has previously cast a ballot that did not include the race or issue omitted may cast the special error correction ballot;

(3) When a special error correction ballot is in use, the poll workers shall: (A) Review the list of voters affected by the error when checking in a voter to the poll to vote; (B) Issue the special error correction ballot assigned to each voter identified on the list of affected voters; (C) Note each voter who cast a special error correction ballot on the list of voters; and (D) Ensure each voter deposits the special error correction ballot cast as a regular ballot into a separate sealed ballot box or the emergency bin of the tabulator if no additional ballot box is available; and

(A) Review the list of voters affected by the error when checking in a voter to the poll to vote;

(B) Issue the special error correction ballot assigned to each voter identified on the list of affected voters;

(C) Note each voter who cast a special error correction ballot on the list of voters; and

(D) Ensure each voter deposits the special error correction ballot cast as a regular ballot into a separate sealed ballot box or the emergency bin of the tabulator if no additional ballot box is available; and

(4) (A) Poll workers shall allow a voter to cast the special error correction ballot as a provisional ballot if no list of affected voters is available or if a voter believes he or she is entitled to vote in the omitted race but has not been identified on the list of voters affected by the error. (B) A voter who is eligible to cast his or her assigned ballot as a regular ballot and has not been designated as requiring a special error correction ballot may cast a special error correction ballot as a provisional ballot while casting his or her assigned ballot as a regular ballot. (C) If the voter under subdivision (e)(4)(B) of this section is also casting a provisional ballot for any reason not related to the error addressed by the special error correction ballot, the special error correction ballot shall be included in the same provisional envelope as the assigned ballot which is cast provisionally.

(A) Poll workers shall allow a voter to cast the special error correction ballot as a provisional ballot if no list of affected voters is available or if a voter believes he or she is entitled to vote in the omitted race but has not been identified on the list of voters affected by the error.

(B) A voter who is eligible to cast his or her assigned ballot as a regular ballot and has not been designated as requiring a special error correction ballot may cast a special error correction ballot as a provisional ballot while casting his or her assigned ballot as a regular ballot.

(C) If the voter under subdivision (e)(4)(B) of this section is also casting a provisional ballot for any reason not related to the error addressed by the special error correction ballot, the special error correction ballot shall be included in the same provisional envelope as the assigned ballot which is cast provisionally.

Amended by Act 2023, No. 308,§ 1, eff. 8/1/2023.

Acts 1969, No. 465, Art. 6, § 12; A.S.A. 1947, § 3-612; Acts 1997, No. 451, § 14; 2009, No. 1480, § 21.
Ark. Code Ann. § 7-1-106 — AR Code / Title 7 / Chapter 1 / Section 7-1-106
Election laws expert
Status: in_force

The Secretary of State shall designate at least one (1) member of his or her staff to become knowledgeable of the election laws as they pertain to elections in the State of Arkansas for the purpose of answering procedural questions concerning elections and to aid the candidates and their agents in filing for election. Acts 1977, No. 312, § 8; A.S.A. 1947, § 3-1314.

The Secretary of State shall designate at least one (1) member of his or her staff to become knowledgeable of the election laws as they pertain to elections in the State of Arkansas for the purpose of answering procedural questions concerning elections and to aid the candidates and their agents in filing for election.

Acts 1977, No. 312, § 8; A.S.A. 1947, § 3-1314.
Ark. Code Ann. § 7-6-204 — AR Code / Title 7 / Chapter 6 / Subchapter 2 / Section 7-6-204
Restriction on cash contributions or expenditures - Exception
Status: in_force

(a) No campaign contribution in excess of one hundred dollars ($100) or expenditure in excess of fifty dollars ($50.00) shall be made or received in cash. (b) All contributions or expenditures in behalf of a campaign activity, other than in-kind contributions and expenditures, in excess of the amounts mentioned in subsection (a) of this section shall be made: (1) By a written instrument containing the name of the donor and the name of the payee; (2) By credit card or debit card where the transaction results in a paper record signed by the cardholder, provided that the paper record contains the following information for the cardholder at the time of making the contribution: (A) Valid name; (B) Complete address; (C) Place of business; (D) Employer; and (E) Occupation; or (3) By transaction that results in an electronic record created or transmitted by the cardholder where a contribution or expenditure is made through the internet, provided that the electronic record contains the following information for the cardholder at the time of making the contribution: (A) Valid name; (B) Complete address; (C) Place of business; (D) Employer; and (E) Occupation. (c) The payment of filing fees may be in cash even though the amount exceeds fifty dollars ($50.00). The candidate shall obtain a receipt for the payment and shall report it as a campaign expenditure. Acts 1975, No. 788, § 8; 1977, No. 312, § 2; A.S.A. 1947, § 3-1116; Acts 2011, No. 721, § 5.

(a) No campaign contribution in excess of one hundred dollars ($100) or expenditure in excess of fifty dollars ($50.00) shall be made or received in cash.

(b) All contributions or expenditures in behalf of a campaign activity, other than in-kind contributions and expenditures, in excess of the amounts mentioned in subsection (a) of this section shall be made: (1) By a written instrument containing the name of the donor and the name of the payee; (2) By credit card or debit card where the transaction results in a paper record signed by the cardholder, provided that the paper record contains the following information for the cardholder at the time of making the contribution: (A) Valid name; (B) Complete address; (C) Place of business; (D) Employer; and (E) Occupation; or (3) By transaction that results in an electronic record created or transmitted by the cardholder where a contribution or expenditure is made through the internet, provided that the electronic record contains the following information for the cardholder at the time of making the contribution: (A) Valid name; (B) Complete address; (C) Place of business; (D) Employer; and (E) Occupation.

(1) By a written instrument containing the name of the donor and the name of the payee;

(2) By credit card or debit card where the transaction results in a paper record signed by the cardholder, provided that the paper record contains the following information for the cardholder at the time of making the contribution: (A) Valid name; (B) Complete address; (C) Place of business; (D) Employer; and (E) Occupation; or

(A) Valid name;

(B) Complete address;

(C) Place of business;

(D) Employer; and

(E) Occupation; or

(3) By transaction that results in an electronic record created or transmitted by the cardholder where a contribution or expenditure is made through the internet, provided that the electronic record contains the following information for the cardholder at the time of making the contribution: (A) Valid name; (B) Complete address; (C) Place of business; (D) Employer; and (E) Occupation.

(A) Valid name;

(B) Complete address;

(C) Place of business;

(D) Employer; and

(E) Occupation.

(c) The payment of filing fees may be in cash even though the amount exceeds fifty dollars ($50.00). The candidate shall obtain a receipt for the payment and shall report it as a campaign expenditure.

Acts 1975, No. 788, § 8; 1977, No. 312, § 2; A.S.A. 1947, § 3-1116; Acts 2011, No. 721, § 5.