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 3 - CONDUCT OF ELECTIONS (§§ 7-5-301 — 7-5-324) › Section 7-5-308 - Provisional ballot procedure

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