reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 4 - ABSENTEE VOTING (§§ 7-5-401 — 7-5-419) › Section 7-5-417 - Challenge of absentee votes

(a)
When the name and voting precinct of a voter is read by the election official, any candidate or qualified poll watcher pursuant to §
7-5-312
may challenge the vote in the manner provided by law for personal voting challenges, and the election officials shall consider the ballot as a provisional ballot.
(b)
If the statement is not in proper form or for any other legal reason the vote should not be counted, the ballot shall not be counted and shall be preserved together with the statement and envelope for the same period of time that the statements are preserved.
(c)
If the county board of election commissioners determines that the provisional voter is qualified and that the vote was properly cast, the vote shall be counted.
Acts 1969, No. 465, Art. 9, § 14; A.S.A. 1947, § 3-914; Acts 1997, No. 1092, § 13; 2003, No. 1154, § 4; 2005, No. 67, § 13; 2005, No. 880, § 7; 2007, No. 556, § 14.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 5 - VOTING MACHINES (§§ 7-5-501 — 7-5-532) › Section 7-5-502 - Application of election laws and penalties

All laws of this state applicable to elections where voting is done in any manner other than by machines and all penalties prescribed for violation of these laws shall apply to elections and precincts where voting machines are used insofar as they are applicable.
Acts 1969, No. 465, Art. 12, § 33; A.S.A. 1947, § 3-1233.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 5 - VOTING MACHINES (§§ 7-5-501 — 7-5-532) › Section 7-5-503 - Examination and approval of machines by State Board of Election Commissioners

(a)
Any person or corporation selling voting machines may apply to exhibit machines to the State Board of Election Commissioners.
(b)
The state board shall examine the machine and file a report of its accuracy, efficiency, and capacity with the office of the Secretary of State.
(c)
If the kind of machine examined complies with the requirements of §
7-5-504
and can be safely used by voters at elections under the conditions prescribed, the machine shall be deemed approved by the state board, and machines of its kind may be adopted for use at elections if selected for use by the Secretary of State. When the machine has been approved, any improvement or change that does not impair its accuracy, efficiency, or capacity shall not render necessary a reexamination or reapproval.
(d)
A form of voting machine not approved cannot be used at any election.
Acts 1969, No. 465, Art. 12, § 1; A.S.A. 1947, § 3-1201; Acts 2005, No. 2233, § 10.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 5 - VOTING MACHINES (§§ 7-5-501 — 7-5-532) › Section 7-5-507 - Demonstration - Assistance in operating machine

(a)
(1)
The manufacturer shall demonstrate the machine to the county election officials prior to the first election at which the machines are placed in use.
(2)
The date for the demonstration shall be agreed upon by the vendor and the county board of election commissioners.
(b)
On the date of the first election at which voting machines are used, manufacturers shall make employees available in each county where the machines are in operation to assist the county board of election commissioners in any manner that will expedite voting and provide efficient operation of voting machines. After the first election, the county board of election commissioners shall obtain the assistance needed in operating the machines, and the county board of election commissioners shall collect and pay expenses for this assistance as it would for any other election cost.
Amended by Act 2015, No. 1218,§ 6, eff. 7/22/2015.
Acts 1969, No. 465, Art. 12, § 8; A.S.A. 1947, § 3-1208; Acts 1997, No. 446, § 3; 2005, No. 2233, § 14.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 5 - VOTING MACHINES (§§ 7-5-501 — 7-5-532) › Section 7-5-509 - Machines used for demonstration

(a)
(1)
The county board of election commissioners may designate suitable times and places where voting machines shall be exhibited for the purpose of giving instructions in their use to all voters who apply for instruction.
(2)
Public notice of the times and places where voting machines will be exhibited shall be given at least forty-eight (48) hours before the first date of demonstration by publication one (1) time in one (1) or more daily or weekly newspapers published in the town, city, or county using the machines if a newspaper is published in the town, city, or county.
(b)
(1)
The location of voting machines for demonstration shall be in accessible public buildings.
(2)
The voting machines used for demonstration shall display sample ballots showing the title of offices to be filled and, as far as practicable, the names of the candidates in the next election.
(c)
No voting machine that is to be assigned for use in any election shall be used for instruction after having been prepared and secured for the election. Machines shall not be used for demonstration purposes during the time that the polls are open on election day or if the demonstration shall in any way interfere with the proper adjustment, securing, or use of the machine in the election.
Amended by Act 2015, No. 1218,§ 7, eff. 7/22/2015.
Acts 1969, No. 465, Art. 12, § 11; A.S.A. 1947, § 3-1211; Acts 2005, No. 2233, § 16.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 5 - VOTING MACHINES (§§ 7-5-501 — 7-5-532) › Section 7-5-510 - Forms for complaints about function of voting machine - Investigation

(a)
At each polling place at which voting machines are used, the county board of election commissioners shall provide forms that voters may use for complaints about the function of a voting machine. The complaint form shall include space for the following information:
(1)
The name, address, and telephone number of the person making the complaint;
(2)
The identification number of the voting machine;
(3)
The complaint; and
(4)
Such other information concerning the complaint as the State Board of Election Commissioners determines to be appropriate to carry out the intent of this section.
(b)
(1)
A voter may file a complaint form with a poll worker who shall forward the complaint form to the county board of election commissioners.
(2)
A copy of each complaint shall be provided to the Elections Division of the Secretary of State.
(3)
It shall be the duty of the county board of election commissioners to investigate complaints regarding the function of a voting machine.
Amended by Act 2015, No. 1218,§ 8, eff. 7/22/2015.
Acts 1985, No. 562, § 1; A.S.A. 1947, § 3-1235; Acts 1997, No. 446, § 5; 2009, No. 959, § 23.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 5 - VOTING MACHINES (§§ 7-5-501 — 7-5-532) › Section 7-5-512 - Certification of ballot styles - Equipment furnished to polling sites

(a)
It shall be the duty of the county board of election commissioners to prepare and certify the ballot styles for the voting machine.
(b)
In addition, the county board of election commissioners shall furnish any election materials and supplies as may be necessary or as may be required by law.
(c)
The voting machine shall be delivered by the county board of election commissioners to the election officials at each polling site.
(d)
The county board of election commissioners shall supply each precinct with clear, written instructions suitable for the instruction of voters that illustrate the manner of voting on the machine.
Acts 1969, No. 465, Art. 12, § 12; A.S.A. 1947, § 3-1212; Acts 1997, No. 446, § 7; 2005, No. 2233, § 18; 2007, No. 222, § 9.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 5 - VOTING MACHINES (§§ 7-5-501 — 7-5-532) › Section 7-5-513 - Machine breakdown - Delivery of ballot materials

The county board of election commissioners in any county in which voting machines are to be used shall be ready at any time on election day to deliver ballots, ballot boxes, replacement voting machines, if available, or other necessary equipment required by law for voting to any precinct in the county, town, or city upon notice that any voting machine is out of order or fails to work.
Acts 1969, No. 465, Art. 12, § 31; A.S.A. 1947, § 3-1231; Acts 1997, No. 446, § 8; 2005, No. 2233, § 19.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 5 - VOTING MACHINES (§§ 7-5-501 — 7-5-532) › Section 7-5-516 - Notice to candidates of preparation - Rules and statutes unaffected

Before the county board of election commissioners begins the preparation of the machines for any election, it shall publish a notice in a newspaper of general circulation in the county stating:
(1)
The time and place the machines will be prepared for the election; and
(2)
A time at which one (1) representative of each candidate may inspect to see that the machines are in proper condition for use in the election.
Acts 1969, No. 465, Art. 12, § 14; A.S.A. 1947, § 3-1214; Acts 1997, No. 446, § 11; 2009, No. 959, § 24.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 5 - VOTING MACHINES (§§ 7-5-501 — 7-5-532) › Section 7-5-517 - Securing machines - Certification

(a)
When a voting machine has been properly prepared by the county board of election commissioners and examined by the representatives of the candidates or the candidate himself or herself, it shall be made inaccessible to voting.
(b)
(1)
Any device required to activate the machine shall be placed in a package on which shall be written the serial number and the precinct location of the voting machine and the number registered on the device.
(2)
The package shall be sealed in the presence of the representatives of the candidates or the candidates themselves.
(c)
The county board of election commissioners shall then certify, in the presence of the candidates or their representatives, the serial numbers of the machines, and that all question counters are set at zero (000).
(d)
An activation device required for voting on the voting machines shall be kept by the county board of election commissioners until turned over for delivery to the election officials with the election equipment at the polling site for election day.
Amended by Act 2015, No. 1218,§ 10, eff. 7/22/2015.
Acts 1969, No. 465, Art. 12, § 15; A.S.A. 1947, § 3-1215; Acts 1997, No. 446, § 12; 2005, No. 2233, § 21.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 5 - VOTING MACHINES (§§ 7-5-501 — 7-5-532) › Section 7-5-518 - Machines inactivated until polls open - Adjustment of counters

(a)
The voting machine shall remain inactivated against voting until the polls are formally opened and shall not be operated except by voters for voting.
(b)
If any counter is found not to register zero (000), the poll workers shall immediately notify the county board of election commissioners, who shall cause the counters to be adjusted at zero (000).
(c)
(1)
The poll workers shall produce one (1) printout from each machine showing whether the candidate and question counters register zero (000) and shall sign and post the printout upon the wall of the polling room, where it shall remain throughout the election day.
(2)
After the close of voting on election day, the certified printout, signed by the poll workers, shall be:
(A)
Returned to the county board of election commissioners; and
(B)
Filed with the election returns.
Amended by Act 2015, No. 1218,§ 11, eff. 7/22/2015.
Acts 1969, No. 465, Art. 12, § 16; A.S.A. 1947, § 3-1216; Acts 1997, No. 446, § 13; 2005, No. 2233, § 22; 2007, No. 835, § 1; 2009, No. 959, § 25.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 5 - VOTING MACHINES (§§ 7-5-501 — 7-5-532) › Section 7-5-520 - Instructions for voters using voting machines

During the election, each voter shall be instructed regarding the operation of voting machines before voting. The voter's attention shall also be called to the sample ballot, so that the voter shall become familiar with the questions, the names of the offices, and the names of the candidates.
Acts 1969, No. 465, Art. 12, § 18; A.S.A. 1947, § 3-1218; Acts 1997, No. 446, § 15; 2005, No. 2233, § 24.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 5 - VOTING MACHINES (§§ 7-5-501 — 7-5-532) › Section 7-5-521 - Arrangement of polling place

(a)
The exterior of the voting machine and every part of the polling place shall be in plain view of the poll workers.
(b)
The machine shall be placed so that no person can see or determine how the voter casts his or her vote.
(c)
After the opening of the polls, the poll workers shall not allow any person to pass to the part of the room where the machine is situated, except for the purpose of voting.
Acts 1969, No. 465, Art. 12, § 22; A.S.A. 1947, § 3-1222; Acts 1997, No. 446, § 16; 2005, No. 2233, § 25; 2009, No. 959, § 26.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 5 - VOTING MACHINES (§§ 7-5-501 — 7-5-532) › Section 7-5-522 - Voting procedure

(a)
(1)
When a voter presents himself or herself for the purpose of voting, the poll workers shall ascertain whether he or she is properly qualified and registered under §
7-5-305
.
(2)
In preparing the machines, the poll workers shall ensure that each voter will have access only to the proper ballot.
(b)
Only one (1) voter at a time shall be permitted to approach a voting machine. Having cast his or her vote, the voter shall at once move away from the voting machine and leave the polling room by the exit provided.
(c)
A voter having left the voting machine shall not be permitted to return to the voting machine except to complete the voting process.
(d)
If a voter leaves an electronic ballot on a voting machine on which the voter has either made some or no selections and has failed to complete the process of casting the ballot and failed to notify a poll worker of his or her desire to cancel the ballot before departing the polling site, two (2) poll workers shall take action to complete the process of casting the ballot and shall document:
(1)
The time;
(2)
The name of the voter, if known;
(3)
The names of the poll workers completing the process of casting the ballot; and
(4)
All other circumstances surrounding the abandoned ballot.
Acts 1969, No. 465, Art. 12, § 21; A.S.A. 1947, § 3-1221; Acts 1989, No. 342, § 1; 1997, No. 446, § 17; 2005, No. 2233, § 26; 2007, No. 835, § 2; 2009, No. 959, § 26.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 5 - VOTING MACHINES (§§ 7-5-501 — 7-5-532) › Section 7-5-524 - Voter access to machines - Persons in line at closing time

(a)
During the time that the polls are open for voting, no more voters shall be permitted to approach the voting machine than there are vacant machines available for voting.
(b)
At the time of the closing of the polls, all persons who have presented themselves for voting and who are then in line at the polling place shall be permitted to cast their votes as now provided by law. Every person in line shall have the opportunity to vote.
Acts 1969, No. 465, Art. 12, § 23; A.S.A. 1947, § 3-1223.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 5 - VOTING MACHINES (§§ 7-5-501 — 7-5-532) › Section 7-5-525 - [Repealed]

Repealed by Act 2023, No. 305,§ 7, eff. 8/1/2023.
Acts 1969, No. 465, Art. 12, § 20; A.S.A. 1947, § 3-1220; Acts 2005, No. 2233, § 28.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 5 - VOTING MACHINES (§§ 7-5-501 — 7-5-532) › Section 7-5-526 - Closing of polls - Securing machines - Poll workers' certificate

(a)
At the official time for closing the polls and upon termination of the voting, the poll workers shall announce that the polls have closed and in the presence of all persons authorized to be present shall remove the activation devices from the voting machines to make them inaccessible to further voting.
(b)
At the same time, the poll workers shall sign a certificate provided by the county board of election commissioners stating that the machines were made inaccessible to further voting and giving the exact time and the number of votes shown on the public counters.
Amended by Act 2015, No. 1218,§ 12, eff. 7/22/2015.
Acts 1969, No. 465, Art. 12, § 24; A.S.A. 1947, § 3-1224; Acts 1997, No. 446, § 19; 2005, No. 2233, § 29; 2009, No. 959, § 27.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 5 - VOTING MACHINES (§§ 7-5-501 — 7-5-532) › Section 7-5-527 - Exposure of count - Verification - Return record - Official signatures

(a)
The poll workers shall then expose the count in the presence of all persons authorized to be present.
(b)
It is the intention of this section to accord a full, complete, and public view of the count from each voting machine to all poll workers and designated watchers for the candidates or parties.
(c)
(1)
The poll worker shall proceed to produce the result record in a minimum of three (3) copies.
(2)
(A)
The result record shall be deemed the official count for that machine.
(B)
One (1) copy of the completed return record for that machine shall be posted upon the wall of the polling room for all to see.
(d)
The poll workers shall sign the machine return record produced by the device.
(e)
(1)
The activation device used to collect votes from each voting machine and all certified result records shall be placed in a package that shall be sealed and signed by all the poll workers and any watchers that may desire to affix a signature.
(2)
(A)
The sealed package shall be immediately returned to the county board of election commissioners by one (1) of the poll workers selected for this purpose, accompanied by those other poll workers and watchers who desire to join the poll worker.
(B)
The poll worker shall obtain a receipt for the sealed package.
Amended by Act 2015, No. 1218,§ 14, eff. 7/22/2015.
Amended by Act 2015, No. 1218,§ 13, eff. 7/22/2015.
Acts 1969, No. 465, Art. 12, §§ 25, 26; A.S.A. 1947, §§ 3-1225, 3-1226; Acts 1997, No. 446, § 20; 2005, No. 2233, § 30; 2009, No. 959, § 27.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 5 - VOTING MACHINES (§§ 7-5-501 — 7-5-532) › Section 7-5-528 - Machines released to officers

Voting machines shall be released to a person designated by the county board of election commissioners for storage in a secure facility designated by the county board of election commissioners.
Acts 1969, No. 465, Art. 12, § 27; A.S.A. 1947, § 3-1227; Acts 1997, No. 446, § 21; 2007, No. 835, § 5.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 5 - VOTING MACHINES (§§ 7-5-501 — 7-5-532) › Section 7-5-529 - Tabulation of returns

(a)
The county board of election commissioners shall compile countywide totals from the activation pack or device used to collect votes from each voting machine.
(b)
Prior to certification of the official election results, the county board of election commissioners shall manually compile countywide totals from the polling location's certified return records and verify that they match the electronically derived totals from the activation pack or device used to collect votes from each machine.
Acts 1969, No. 465, Art. 12, § 28; A.S.A. 1947, § 3-1228; Acts 1997, No. 446, § 22; 2005, No. 2233, § 31.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 5 - VOTING MACHINES (§§ 7-5-501 — 7-5-532) › Section 7-5-530 - Securing audit materials upon election contest or recount

(a)
The county board of election commissioners shall produce an audit log for each voting machine used in the election.
(b)
In the event that there is an election contest filed, the judge of the court that has jurisdiction may order the county board of election commissioners to secure the audit logs and the voter-verified paper audit trail alleged in the contest to be in question. The county board of election commissioners shall store them in a secure place in the county courthouse under lock and key awaiting further orders of the court.
(c)
In the event that any candidate in any election in which the machines have been utilized or any voter who questions the count of any question posed at any election gives written notice to the county board of election commissioners that he or she desires a recount, then the applicable county board of election commissioners shall secure the audit logs and voter-verified paper audit trails and store them in a secure place in the county courthouse awaiting further orders of the applicable county board of election commissioners or court.
Acts 1969, No. 465, Art. 12, § 29; A.S.A. 1947, § 3-1229; Acts 1997, No. 446, § 23; 2005, No. 2233, § 32; 2007, No. 835, § 6.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 5 - VOTING MACHINES (§§ 7-5-501 — 7-5-532) › Section 7-5-531 - Retention of audit data - Machines to remain secured until results are certified except on court order

(a)
All audit logs and voter-verified paper audit trails produced by a voting machine shall remain secured for a period of two (2) years.
(b)
(1)
All voting machines used in any election shall remain secured for a period of at least three (3) days following the election unless the machines are ordered to be activated sooner by and on the authority of an order of a court of competent jurisdiction, in the event that the issue of the election should be in judicial controversy.
(2)
Should no order be entered, it shall be the duty of the county board of election commissioners to clear the machines for future elections after the results of the election have been certified.
Acts 1969, No. 465, Art. 12, § 30; 1970 (Ex. Sess.), No. 25, § 1; A.S.A. 1947, § 3-1230; Acts 1997, No. 446, § 24; 2005, No. 2233, § 33.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 5 - VOTING MACHINES (§§ 7-5-501 — 7-5-532) › Section 7-5-532 - Direct-recording electronic voting machines - Definitions

(a)
For purposes of this section:
(1)
"Direct-recording electronic voting machine" means a voting machine that:
(A)
Records votes by means of a ballot display provided with mechanical or electro-optical components that may be actuated by the voter;
(B)
Processes the data by means of a computer program;
(C)
Records voting data and ballot images in internal or external memory components; and
(D)
Produces a tabulation of the voting data stored in a removable memory component and in a printed copy; and
(2)
"Voter-verified paper audit trail" means a contemporaneous paper record of a ballot printed for the voter to confirm his or her votes before the voter casts his or her ballot.
(b)
The Secretary of State or the county shall not purchase or procure a direct-recording electronic voting machine that does not include a voter-verified paper audit trail.
(c)
(1)
All direct-recording electronic voting machines in use on or after January 1, 2006, shall include a voter-verified paper audit trail, except for those direct-recording electronic voting machines in use during the 2004 general election.
(2)
All direct-recording electronic voting machines purchased on or after August 12, 2005, shall include a voter-verified paper audit trail.
(d)
A direct-recording electronic voting machine with a voter-verified paper audit trail shall meet the following conditions:
(1)
The voter-verified paper audit trail may be verified by the voter before the casting of the voter's ballot;
(2)
The voter-verified paper audit trail shall not be retained by the voter;
(3)
The voter-verified paper audit trail shall not contain individual voter information;
(4)
The paper used in producing the voter-verified paper audit trail shall be sturdy, clean, and resistant to degradation; and
(5)
The voter-verified paper audit trail shall be readable in a manner that makes the voter's ballot choices obvious to the voter without the use of computer or electronic code.
(e)
Voter-verified paper audit trails shall be preserved in the same manner and for the same time period that ballots and certificates are preserved under §
7-5-702
.
Amended by Act 2013, No. 1126,§ 6, eff. 8/16/2013.
Acts 2005, No. 654, § 2; 2007, No. 835, § 7; 2009, No. 959, § 28.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 6 - PAPER BALLOTS AND ELECTRONIC VOTE TABULATING DEVICES (§§ 7-5-601 — 7-5-617) › Section 7-5-602 - Ballots - Number - Official - Marking device - Spoiled

(a)
(1)
The county board of election commissioners of each county in this state using paper ballots counted by hand at the polling site, paper ballots counted by an electronic vote tabulating device at the polling site, or paper ballots cast at a polling site and counted at a central location shall provide for each election precinct one hundred fifty (150) printed ballots for each one hundred (100) or fraction of one hundred (100) electors voting on paper ballots at the last preceding comparable election.
(2)
The total number of ballots required to be printed for each election precinct shall not exceed one hundred five percent (105%) of the total number of registered voters for the respective precinct.
(b)
A ballot shall not be received or counted in any election to which this subchapter applies unless it is approved and provided by the county board of election commissioners under this section.
(c)
At all elections in counties that use paper ballots and in which those ballots are counted by hand, the ballots shall:
(1)
First be marked using permanent ink; and
(2)
(A)
Be run through an electronic vote tabulation device before a hand count is conducted.
(B)
(i)
The requirement under subdivision (c)(2)(A) of this section shall apply in all general elections and preferential primary elections.
(ii)
The requirement under subdivision (c)(2)(A) of this section is optional if an election:
(a)
Is an election other than the general election or the preferential primary election; and
(b)
Involves fewer than five thousand (5,000) registered voters.
(d)
(1)
A voter who shall by accident or mistake mark or spoil any ballot so that he or she cannot conveniently or clearly vote on the ballot may return it to the poll workers and receive another ballot, not to exceed three (3) ballots in total.
(2)
(A)
Spoiled ballots shall be cancelled by a poll worker by using a stamp marked "CANCELLED" on the face of the ballot.
(B)
The poll worker shall write the date and time, and print and sign his or her name next to the stamp marked "CANCELLED".
(C)
The election judge shall report the total number of spoiled ballots to the county board of election commissioners.
(3)
The cancelled ballots shall be securely preserved separately from other ballots with the total number of cancelled ballots and returned to the county board of election commissioners and shall be open to public inspection.
Amended by Act 2023, No. 329,§ 4, eff. 8/1/2023.
Amended by Act 2023, No. 743,§ 2, eff. 4/12/2023.
Amended by Act 2023, No. 350,§ 2, eff. 3/21/2023.
Amended by Act 2021, No. 736,§ 15, eff. 7/28/2021.
Acts 2009, No. 1480, § 36.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 6 - PAPER BALLOTS AND ELECTRONIC VOTE TABULATING DEVICES (§§ 7-5-601 — 7-5-617) › Section 7-5-606 - Approval of equipment - Specifications

(a)
The State Board of Election Commissioners may promulgate rules for the administration of this subchapter and shall approve the marking devices and electronic vote tabulating devices.
(b)
(1)
Any person or company wishing to exhibit marking devices and electronic vote tabulating devices may file written application with the board and request an opportunity to exhibit and demonstrate devices.
(2)
The board shall examine the marking device or the electronic vote tabulating device and file a report in the office of the Secretary of State of its accuracy, efficiency, and capacity.
(3)
If the board shall reject any device, the reasons shall be stated in the report filed with the Secretary of State.
(4)
Any person or company aggrieved by any finding or ruling of the board may appeal to the Pulaski County Circuit Court within sixty (60) days from the date the report of the board is filed with the Secretary of State.
(c)
After any device has been approved, it shall not be necessary that it be exhibited and approved again by the board unless there is a change or modification in the device that renders it incapable of marking ballots or tabulating votes in the same method of procedure approved by the board.
(d)
Marking devices or electronic vote tabulating devices not approved by the board or selected by the Secretary of State may not be used in any lawful election in this state.
(e)
No marking device or electronic vote tabulating device shall be approved unless it fulfills the requirements of this section and the federal Help America Vote Act of 2002.
Amended by Act 2015, No. 1218,§ 16, eff. 7/22/2015.
Amended by Act 2015, No. 1218,§ 15, eff. 7/22/2015.
Acts 1977, No. 77, § 7; A.S.A. 1947, § 3-1806; Acts 2005, No. 2233, § 38.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 6 - PAPER BALLOTS AND ELECTRONIC VOTE TABULATING DEVICES (§§ 7-5-601 — 7-5-617) › Section 7-5-607 - Arrangement of polling place

In precincts where an electronic vote tabulating device is used, sufficient space shall be provided for the use of the device, and it shall be arranged in such a manner as to assure secrecy in voting.
Acts 1977, No. 77, § 4; A.S.A. 1947, § 3-1803; Acts 2005, No. 2233, § 39.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 6 - PAPER BALLOTS AND ELECTRONIC VOTE TABULATING DEVICES (§§ 7-5-601 — 7-5-617) › Section 7-5-609 - Spoiled ballots

Any voter who spoils his or her ballot or makes an error may return it to the election officials and mark another, not to exceed three (3) in all.
Amended by Act 2015, No. 1218,§ 17, eff. 7/22/2015.
Acts 1977, No. 77, § 4; A.S.A. 1947, § 3-1803; Acts 2005, No. 2233, § 41.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 6 - PAPER BALLOTS AND ELECTRONIC VOTE TABULATING DEVICES (§§ 7-5-601 — 7-5-617) › Section 7-5-610 - [Repealed]

Repealed by Act 2023, No. 305,§ 8, eff. 8/1/2023.
Amended by Act 2015, No. 1218,§ 18, eff. 7/22/2015.
Acts 1977, No. 77, § 4; A.S.A. 1947, § 3-1803; Acts 2005, No. 2233, § 42.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 6 - PAPER BALLOTS AND ELECTRONIC VOTE TABULATING DEVICES (§§ 7-5-601 — 7-5-617) › Section 7-5-613 - Counting ballots

In precincts where an electronic vote tabulating device is used, as soon as the polls are closed the poll workers shall compare the total number of voters indicated by the electronic vote tabulating device with the list of voters to ensure that the number recorded by the tabulator is the same as the number of voters shown on the list of voters who received a ballot at the polling site. If the totals are different, this fact shall be reported in writing to the county board of election commissioners with the reasons, if known.
Amended by Act 2023, No. 305,§ 9, eff. 8/1/2023.
Acts 1977, No. 77, § 6; A.S.A. 1947, § 3-1805; Acts 1997, No. 446, § 29; 2005, No. 2233, § 44; 2009, No. 959, § 30.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 6 - PAPER BALLOTS AND ELECTRONIC VOTE TABULATING DEVICES (§§ 7-5-601 — 7-5-617) › Section 7-5-614 - Locations for vote tabulation - Procedures

For the tabulation of votes of a precinct by electronic vote tabulating devices at a central counting location:
(1)
(A)
The poll workers shall place all ballots that have been cast in the container provided for that purpose.
(B)
The container shall be sealed and delivered to the county board of election commissioners forthwith by the poll workers together with the unused, void, and defective ballots; and
(2)
All proceedings at the counting location shall be under the direction of the county board of election commissioners with respect to all elections.
Acts 1977, No. 77, § 6; A.S.A. 1947, § 3-1805; Acts 1993, No. 511, § 3; 1997, No. 446, § 30; 2005, No. 2233, § 45; 2007, No. 835, § 8; 2009, No. 959, § 30.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 6 - PAPER BALLOTS AND ELECTRONIC VOTE TABULATING DEVICES (§§ 7-5-601 — 7-5-617) › Section 7-5-616 - Penalty

A person who violates this subchapter shall be subject to the same fine and imprisonment as provided by law for violating the comparable provisions of the laws of this state regarding voting by other voting methods.
Acts 2009, No. 1480, § 40.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 7 - RETURNS AND CANVASS (§§ 7-5-701 — 7-5-707) › Section 7-5-703 - Votes for United States Congress - Tie vote

(a)
It shall be the duty of the Secretary of State, in the presence of the Governor, within thirty (30) days after the time allowed to make returns of election by the county board of election commissioners, or sooner, if all the returns have been received, to cast up and arrange the votes from the several counties, or such of them as may have made returns, for each person voted for as United States Senator or United States Representative.
(b)
The Governor shall immediately thereafter issue his or her proclamation declaring the person having the greatest number of legal votes to be duly elected to represent this state in the United States Senate or the United States House of Representatives and shall grant a certificate thereof, under the seal of the state, to the person so elected.
(c)
(1)
Should any two (2) or more persons have an equal number of votes, and a higher number than any other person, the names of the two (2) candidates receiving the highest number of votes for United States Senator or United States Representative shall be certified to a special runoff election which shall be held four (4) weeks from the day on which the general election is held.
(2)
The special runoff election shall be conducted in the same manner as is provided by law, and the election results shall be canvassed and certified in the manner provided by law.
Amended by Act 2017, No. 1104,§ 3, eff. 8/1/2017.
Acts 1969, No. 465, Art. 8, §§ 3, 4; 1971, No. 261, §§ 15, 16; A.S.A. 1947, §§ 3-803, 3-804; Acts 1997, No. 446, § 34.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 7 - RETURNS AND CANVASS (§§ 7-5-701 — 7-5-707) › Section 7-5-704 - Votes for legislative, judicial, and executive officers - Tie vote

(a)
It shall be the duty of the Secretary of State, in the presence of the Governor, within thirty (30) days after the time allowed in this subchapter to make returns of elections by the county board of election commissioners, or sooner, if all the returns have been received, to cast up and arrange the votes from the several counties for each person who received votes for any legislative, judicial, or executive office, except the offices named in Arkansas Constitution, Article 6, § 3. The persons who have received the greatest number of legal votes for Justice of the Supreme Court and Commissioner of State Lands, within the state; judges of the Court of Appeals and of the circuit courts, and prosecuting attorneys, in their respective districts or circuits; judges of the county and probate courts, circuit clerk, county clerk, sheriff, coroner, surveyor, and assessor, in their respective counties; and all other officers required by law, shall be commissioned by the Governor.
(b)
(1)
If two (2) or more persons have an equal number of votes for the same office and a higher number than any other person, the names of the two (2) candidates receiving the highest number of votes for any legislative or executive office, except those offices named in Arkansas Constitution, Article 6, § 3, and constables, shall be certified to a special runoff election which shall be held four (4) weeks from the day on which the general election is held.
(2)
The special runoff election shall be conducted in the same manner as is now provided by law, and the election results thereof shall be canvassed and certified in the manner provided by law.
(c)
Subsection (b) of this section shall not apply to the offices of Justice of the Supreme Court, Judge of the Court of Appeals, circuit judge, or district judge.
Amended by Act 2017, No. 1104,§ 4, eff. 8/1/2017.
Acts 1969, No. 465, Art. 8, §§ 5, 6; 1971, No. 261, §§ 17, 18; A.S.A. 1947, §§ 3-805, 3-806; Acts 1993, No. 512, § 4; 1997, No. 446, § 35; 2001, No. 1789, § 5; 2009, No. 959, § 32.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 7 - RETURNS AND CANVASS (§§ 7-5-701 — 7-5-707) › Section 7-5-705 - Votes for constitutional officers - Tie vote - Certificate of election

(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.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 7 - RETURNS AND CANVASS (§§ 7-5-701 — 7-5-707) › Section 7-5-706 - Presentation of list of legislators elected

It shall be the duty of the Secretary of State, on the first day of each regular session of the General Assembly, to lay before each house a list of members elected in accordance with the returns in his or her office.
Acts 1969, No. 465, Art. 8, § 7; A.S.A. 1947, § 3-807.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 7 - RETURNS AND CANVASS (§§ 7-5-701 — 7-5-707) › Section 7-5-707 - Vote certification

(a)
For all state and federal elections, the county board of election commissioners shall transmit the certified results for each precinct to the Secretary of State through the election night reporting interface provided by the Secretary of State.
(b)
The county board of election commissioners may, by agreement with the county clerk, transmit the certified results to the county clerk who shall transmit the certified results by precinct to the Secretary of State as described in subsection (a) of this section.
(c)
The Secretary of State may require a county board of election commissioners to submit additional election information as determined by the Secretary of State.
Amended by Act 2013, No. 1126,§ 7, eff. 8/16/2013.
Amended by Act 2013, No. 1058,§ 2, eff. 8/16/2013.
Acts 2001, No. 1396, § 1; 2003, No. 131, § 2; 2003, No. 994, § 13; 2005, No. 67, § 14; 2007, No. 559, § 5; 2009, No. 959, § 33; 2011, No. 1238, § 1.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 8 - ELECTION CONTESTS (§§ 7-5-801 — 7-5-810) › Section 7-5-801 - Right of action - Procedure

(a)
A right of action is conferred on any candidate to contest the certification of nomination or the certificate of vote as made by the appropriate officials in any election.
(b)
The action shall be brought in the circuit court of the county in which the certification of nomination or certificate of vote is made when a county or city or township office, including the office of county delegate or county committee member, is involved, and except as provided in this subchapter, within any county in the circuit or district wherein any of the wrongful acts occurred when any circuit or district office is involved, and except as provided in this subchapter, in the Pulaski County Circuit Court when the office of United States Senator or any state office is involved.
(c)
If there are two (2) or more counties in the district where the action is brought and when fraud is alleged in the complaint, answer, or cross-complaint, the circuit court may hear testimony in any county in the district.
(d)
The complaint shall be verified by the affidavit of the contestant to the effect that he or she believes the statements to be true and shall be filed within twenty (20) days of the certification that is the subject of the complaint.
(e)
The complaint shall be answered within twenty (20) days.
Amended by Act 2013, No. 1126,§ 8, eff. 8/16/2013.
Acts 1969, No. 465, Art. 10, § 1; A.S.A. 1947, § 3-1001.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 8 - ELECTION CONTESTS (§§ 7-5-801 — 7-5-810) › Section 7-5-802 - Circuit court proceedings

(a)
If the complaint is sufficiently definite to make a prima facie case, unless the circuit court in which it is filed is in session or is to convene within thirty (30) days, the judge shall call a special term which shall possess the powers of a court convened in a regular term, and shall proceed at once to hear the case. The session of the special term to hear these cases shall not interfere with the validity of other courts proceeding at the same time in the circuit.
(b)
If the case comes in regular term, it shall be given precedence and be speedily determined. The judge may adjourn other courts in order to hear these cases and may call another judge in exchange to sit in other courts or vacate the bench in other courts and cause a special judge to be elected to hold the court.
Acts 1969, No. 465, Art. 10, § 2; A.S.A. 1947, § 3-1002.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 8 - ELECTION CONTESTS (§§ 7-5-801 — 7-5-810) › Section 7-5-803 - Special judges for additional contests

(a)
In the event that there are more election contests brought under this section than the circuit court judge can dispose of prior to ten (10) days before any election to be held, either of the parties to the contest may so report to the circuit judge in vacation or otherwise, who shall have full and complete authority to appoint an attorney with the qualifications of circuit judge to hear any contest and render a final judgment in such contest.
(b)
The circuit judge shall appoint as special judge any attorney named by a committee of three (3) qualified electors of the county in which the contest is pending, one (1) to be named by the contestant, one (1) to be named by the contestee, and the third to be named by those two (2) committee members. In the event that the first two (2) committee members do not agree within five (5) days on the third member, then the third member shall be chosen by lot from the respective choices of the two committee members.
(c)
All proceedings shall be conducted as in the case of any regular judge trying any such case, including the right of appeal. The judge so appointed shall have full power and authority in the trial of election contests in all respects as are now conferred by the Arkansas Constitution upon circuit judges in this state. The judgment rendered by the attorney so appointed shall be binding with full force and effect as if the regular circuit judge had heard the cause.
(d)
In the appointment of the attorney, the circuit judge shall not be confined in the selection of the attorney to the judicial circuit in which the contest is pending. However, the hearing of the contest shall be had in the county in which the contest has been filed.
Acts 1969, No. 465, Art. 10, § 3; A.S.A. 1947, § 3-1003.
Arkansas Code of 1987 (2023) › Title 7 - ELECTIONS (§§ 7-1-101 — 7-11-303) › Chapter 5 - ELECTION PROCEDURE GENERALLY (§§ 7-5-101 — 7-5-906) › Subchapter 8 - ELECTION CONTESTS (§§ 7-5-801 — 7-5-810) › Section 7-5-804 - Trial - Appeal - Enforcement - Other laws superseded

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