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 1 - GENERAL PROVISIONS (§§ 7-5-101 — 7-5-112) › Section 7-5-112 - Secure voter registration for domestic violence victims - Definition

(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.
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 2 - PREELECTION PROCEEDINGS (§§ 7-5-201 — 7-5-214) › Section 7-5-203 - Certification of candidate lists

(a)
(1)
Not less than seventy-five (75) days before each general election day, the Secretary of State shall certify to all county boards of election commissioners full lists of all candidates to be voted for in their respective counties as the nominations have been certified or otherwise properly submitted to him or her.
(2)
A name of a person shall not be certified and shall not be placed on the ballot if prior to the certification deadline a candidate on the list:
(A)
Notifies the Secretary of State in writing, signed by the candidate and acknowledged before an officer authorized to take acknowledgements, of his or her desire to withdraw as a candidate for the office or position; or
(B)
Dies.
(b)
(1)
Not less than seventy-five (75) days before each general election day, the clerk of each county shall certify to the county board of election commissioners of his or her county a full list of all candidates to be voted for in the county as the nominations have been certified or otherwise properly submitted to him or her.
(2)
A name of a person shall not be certified and shall not be placed on the ballot if prior to the certification deadline a candidate on the list:
(A)
Notifies the county clerk in writing, signed by the candidate and acknowledged before an officer authorized to take acknowledgements, of his or her desire to withdraw as a candidate for the office or position; or
(B)
Dies.
(c)
However, in special elections held to fill vacancies or to elect officers in case of a tie vote, the certification shall issue at the time specified in the writ of election issued by the appropriately constituted authority.
Acts 1969, No. 465, Art. 6, § 6; 1985, No. 1055, § 2; A.S.A. 1947, § 3-606; Acts 1997, No. 451, § 8; 1999, No. 1490, § 4; 2005, No. 67, § 6; 2007, No. 1049, § 18; 2009, No. 1480, § 17; 2011, No. 1185, § 3.
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 2 - PREELECTION PROCEEDINGS (§§ 7-5-201 — 7-5-214) › Section 7-5-204 - Certification of measures and questions submitted to voters

(a)
Whenever a proposed amendment to the Arkansas Constitution or other measure or question is to be submitted to a vote of the people, the Secretary of State shall not certify the amendment, measure, or question to the county board of election commissioners of each county in the state less than seventy-five (75) days before each general election day.
(b)
The county board of election commissioners shall include the amendment, measure, or question in the posting that it is required to make under §
7-5-206
.
(c)
(1)
If the Secretary of State has not determined the sufficiency of a petition for an amendment or a measure by the seventy-fifth day before the general election or if an amendment or a measure has been challenged for any reason in a court of competent jurisdiction, the Secretary of State shall nonetheless transmit the amendment or measure and the ballot title of each amendment and measure to the county election commissions to make any required posting and to place the amendment or measure on the ballot.
(2)
If the petition for the amendment or measure is subsequently declared insufficient by the Secretary of State or a court of competent jurisdiction or if held to be invalid for any other reason, no votes regarding the amendment or measure shall be counted or certified.
Acts 1969, No. 465, Art. 6, § 7; A.S.A. 1947, § 3-607; Acts 1997, No. 451, § 9; 1999, No. 1490, § 5; 2007, No. 222, § 5; 2007, No. 1049, § 19; 2009, No. 959, § 4; 2011, No. 1185, § 4.
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 2 - PREELECTION PROCEEDINGS (§§ 7-5-201 — 7-5-214) › Section 7-5-205 - Write-in candidates' votes

(a)
No person shall file as a write-in candidate.
(b)
No vote for a write-in candidate shall be counted.
Amended by Act 2023, No. 305,§ 5, eff. 8/1/2023.
Amended by Act 2019, No. 597,§ 6, eff. 7/1/2019.
Amended by Act 2015, No. 26,§ 1, eff. 7/22/2015.
Acts 1969, No. 465, Art. 6, § 14; 1985, No. 1055, § 1; A.S.A. 1947, § 3-614; Acts 1987, No. 247, § 1; 1987, No. 933, § 1; 1989, No. 912, § 1; 1997, No. 451, § 10; 1999, No. 640, § 1; 2001, No. 955, § 1; 2001, No. 1789, § 4; 2003, No. 542, § 2; 2003, No. 1165, § 4; 2007, No. 222, § 6; 2009, No. 1480, § 18; 2011, No. 1185, § 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 2 - PREELECTION PROCEEDINGS (§§ 7-5-201 — 7-5-214) › Section 7-5-206 - Publication requirements

(a)
The county board of election commissioners shall publish all:
(1)
Candidate nominations;
(2)
Proposed amendments to the Arkansas Constitution; and
(3)
Other measures and questions required by law to be submitted to the electors at any election.
(b)
Publication of the information required in subsection (a) of this section shall be made by:
(1)
Posting a list of all nominations, amendments, and other measures and questions to be submitted to electors at the door of the courthouse at least ten (10) days before the day of the election; and
(2)
(A)
Submitting to the Secretary of State a sample ballot of each ballot style, marked with the word "SAMPLE", that will be used at each polling site.
(B)
Each sample ballot shall be submitted at least:
(i)
Twenty (20) days before each preferential primary and general election; and
(ii)
Ten (10) days before the holding of each general primary, general runoff, school, or special election.
(c)
The Secretary of State shall publish all sample ballots on an internet site that is organized so that a voter may easily identify the sample ballot corresponding with his or her precinct-part.
Amended by Act 2021, No. 128,§ 1, eff. 7/28/2021.
Acts 1969, No. 465, Art. 6, § 8; A.S.A. 1947, § 3-608; Acts 1995, No. 497, § 2; 1995, No. 1085, § 2; 1997, No. 451, § 11; 2005, No. 67, § 7; 2007, No. 222, § 7; 2007, No. 1020, § 2; 2009, No. 959, § 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 2 - PREELECTION PROCEEDINGS (§§ 7-5-201 — 7-5-214) › Section 7-5-208 - Ballots - Form

(a)
All election ballots provided by the county board of election commissioners of any county in this state for any election shall be alike and shall be in plain type.
(b)
(1)
The heading of each ballot shall be:
"OFFICIAL BALLOT
__________________(description)__________________
ELECTION
__________________(date)__________________, __________________(year)__________________
Vote by placing an appropriate mark opposite the person for whom you wish to vote."
(2)
If the ballot contains an initiated or referred amendment, act, or measure, the heading shall also contain these words: "Vote on amendments, acts, and measures by placing an appropriate mark below the amendment (or act or measure) either FOR or AGAINST."
(c)
Every ballot shall contain the name of each candidate who has been nominated or has qualified in accordance with law for each office. The names of the candidates shall be listed in a perpendicular column under the name of each office to be filled.
(d)
Adjacent to the name of each candidate and on the same line there shall be a place for marking a vote for the candidate. Below each act, amendment, or measure to be voted on, there shall be the words "FOR" and "AGAINST" situated one above the other with a place for marking a vote for the act, amendment, or measure adjacent to each word and on the same line.
(e)
Opposite the designation of each office, there shall appear these words: "VOTE FOR __________________." The number of persons required to fill the vacancy in office shall be placed in the blank space.
Amended by Act 2023, No. 305,§ 6, eff. 8/1/2023.
Acts 1969, No. 465, Art. 6, § 13; 1971, No. 224, § 1; 1971, No. 261, §§ 11, 20, 22; 1971, No. 355, §§ 1-3; 1979, No. 389, § 1; A.S.A. 1947, § 3-613; Acts 1987, No. 280, §§ 1, 2; 1993, No. 1011, § 1; 1995, No. 461, § 1; 1997, No. 451, § 13; 1999, No. 640, § 2; 2005, No. 1677, § 4; 2005, No. 2233, § 3; 2007, No. 705, § 1; 2007, No. 1049, § 16; 2009, No. 1480, § 20; 2011, No. 1020, § 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 2 - PREELECTION PROCEEDINGS (§§ 7-5-201 — 7-5-214) › Section 7-5-211 - Delivery of election supplies

(a)
At least one (1) day before any election:
(1)
(A)
The county board of election commissioners shall designate a suitable person or persons and deliver to the person or persons the ballots.
(B)
The person shall not be an elected official, an elected official's deputy, or a candidate for office; and
(2)
For each set of poll workers in each polling place, the county board of election commissioners shall deliver to the designated person or persons the following additional election supplies if applicable:
(A)
A good and sufficient ballot box with numbered seals;
(B)
Sufficient list-of-voters forms adequate to record the names of all registered voters who appear to vote in the polling place;
(C)
A precinct voter registration list;
(D)
Sufficient tally sheets;
(E)
Envelopes to seal the ballots and certificates;
(F)
Separate sheets containing blank forms of certificates prepared to enable the poll workers to properly certify the paper ballot count at the polling site, upon which certificates shall be endorsed a blank form of oath to be taken by the poll workers before entering upon the discharge of their duties;
(G)
Voter registration application forms for voters using fail-safe voting and other record-keeping supplies necessary to document fail-safe voting procedures; and
(H)
In those counties in which an optical scanner is used to count paper ballots, the marking instrument recommended by the manufacturer of the optical scanner for proper marking on the ballots shall be provided.
(b)
The county board of election commissioners shall be responsible for the security of the delivered election materials.
(c)
The county board of election commissioners shall be responsible for providing ballots and election materials for absentee and early voting to the county clerk before the beginning day for absentee and early voting.
Acts 1969, No. 465, Art. 6, § 11; 1973, No. 157, § 8; A.S.A. 1947, § 3-611; Acts 1995, No. 601, § 2; 1995, No. 946, § 3; 1995, No. 963, § 3; 1997, No. 451, § 15; 1999, No. 920, § 1; 2001, No. 1178, § 1; 2007, No. 1020, § 4; 2009, No. 959, § 7; 2009, No. 1480, § 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 2 - PREELECTION PROCEEDINGS (§§ 7-5-201 — 7-5-214) › Section 7-5-213 - Counting votes when special error correction ballots are utilized - Procedures

(a)
In the event that special error correction ballots are utilized under §
7-5-209
, a county board of election commissioners shall count all special error correction ballots cast as regular ballots under the following procedures:
(1)
The special error correction ballots shall be counted at the time designated in the notice of election for the canvassing and counting of absentee ballots on election day; and
(2)
The vote totals shall be included with the vote totals for the issue or race which appeared on the special error correction ballots.
(b)
In the event that a special error correction ballot is utilized under §
7-5-209
, a county board of election commissioners shall count all special error correction ballots cast as provisional ballots under the following procedures:
(1)
The special error correction ballots shall be canvassed at the time and location as other provisional ballots;
(2)
The ballot shall be counted if:
(A)
The voter was a qualified elector for the issue or race that was the subject of the special error correction ballot;
(B)
The voter cast a ballot that was affected by the error necessitating the special error correction ballot; and
(C)
The county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds;
(3)
The provisional special error correction ballots that are approved by the county board of election commissioners shall be hand counted at the time other provisional ballots are counted; and
(4)
The vote totals shall be manually included with the vote totals for the issue or race which appeared on the special error correction ballots.
Added by Act 2023, No. 308,§ 2, eff. 8/1/2023.
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 2 - PREELECTION PROCEEDINGS (§§ 7-5-201 — 7-5-214) › Section 7-5-214 - Candidate review of ballot content

(a)
The political practices pledge shall contain a request that a candidate provide an email address at which the campaign can be contacted.
(b)
No less than forty-two (42) days before an election, the county board of election commissioners shall submit one (1) of the following information by email to a candidate who filed for office and who included an email address on his or her political practices pledge:
(1)
A proof copy of each ballot style for the county; or
(2)
A report generated from the ballot programming software which includes the following information:
(A)
The name of the candidate as it appears on the ballot;
(B)
The ballot contest that the candidate is assigned; and
(C)
The precincts or precinct parts that the race is assigned.
Added by Act 2023, No. 308,§ 3, eff. 8/1/2023.
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 7-5-304 - Opening and closing polls - Time

(a)
The polls shall be opened at 7:30 a.m., and they shall remain open continuously until 7:30 p.m.
(b)
In all counties, when the polls close, all persons who have presented themselves for voting and who are then in line at the polling site shall be permitted to cast their votes.
(c)
(1)
A person who votes in an election as a result of a federal or state court order or any other order extending the time established for closing the polls may vote in that election only by casting a provisional ballot.
(2)
The ballot shall be separated and held apart from other provisional ballots cast by those not affected by the order.
Acts 1969, No. 465, Art. 7, § 1; 1981, No. 104, § 1; A.S.A. 1947, § 3-701; Acts 1993, No. 515, § 1; 2007, No. 1020, § 6; 2009, No. 959, § 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 3 - CONDUCT OF ELECTIONS (§§ 7-5-301 — 7-5-324) › Section 7-5-306 - Procedure when voter's name is not on the precinct voter registration list

(a)
If the voter's name is not on the precinct voter registration list, the poll worker shall permit the voter to vote only under the following conditions:
(1)
The voter identifies himself or herself by stating his or her name and date of birth and is verified by the county clerk as a registered voter within the county and, if the county is divided into more than one (1) congressional district, within the same congressional district;
(2)
The voter gives and affirms his or her current residence and the poll worker verifies with the county clerk that the voter's residence is within the precinct;
(3)
The voter completes an updated voter registration application form; and
(4)
The voter signs the precinct voter registration list.
(b)
If the voter is not listed on the precinct voter registration list and the poll worker is unable to verify the voter's registration with the county clerk and the voter contends that he or she is a registered voter in the precinct in which he or she desires to vote and that he or she is eligible to vote, then the voter shall be permitted to cast a provisional ballot.
Acts 1969, No. 465, Art. 7, § 9; A.S.A. 1947, § 3-709; Acts 1995, No. 946, § 7; 1995, No. 963, § 7; 1997, No. 451, § 19; 2003, No. 994, § 5; 2005, No. 238, § 2; 2007, No. 224, § 2; 2009, No. 959, § 12.
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 7-5-309 - Voting procedure

(a)
Before giving the voter a preprinted paper ballot, a poll worker shall:
(1)
Initial the back of the ballot;
(2)
Remove the ballot stub; and
(3)
Place the stub into the stub box provided.
(b)
(1)
(A)
Upon receiving his or her ballot, the voter may mark the ballot appropriately at a voting booth, voting machine, or private voting place that allows for the voter to mark the ballot in secrecy so that no one may view how he or she voted.
(B)
A voter shall not be allowed more than ten (10) minutes to mark his or her ballot.
(2)
The voter or the voter's authorized assistant shall deposit the marked ballot into the ballot box provided.
(c)
The voter shall not be required to sign, initial, or in any way identify himself or herself with the ballot, the ballot stub, or the list of voters other than in the manner provided in this section.
(d)
[Repealed.]
(e)
After having voted or having declined to vote, the voter shall immediately depart from the polling site.
(f)
A person shall not carry a ballot outside of the polling place.
(g)
(1)
If a paper ballot is left in the polling site outside of the ballot box after the voter has departed, a poll worker shall:
(A)
Write "Abandoned" on the face of the paper ballot;
(B)
Place the paper ballot into an envelope marked "Abandoned Ballot";
(C)
Note in writing on the outside of the envelope the circumstances surrounding the abandoned ballot; and
(D)
Preserve the abandoned ballot separately.
(2)
The county board of election commissioners shall not count the ballot.
(h)
(1)
If an electronic vote tabulating device at the polling site has rejected a ballot that remains in the receiving part of the device, two (2) poll workers shall override warnings on the device and complete the process of casting the ballot only if:
(A)
The voter has departed the polling site; and
(B)
The voter did not indicate that he or she chose to cancel or replace the ballot.
(2)
The poll workers shall document:
(A)
The time;
(B)
The name of the voter;
(C)
The names of the poll workers completing the process of casting the ballot; and
(D)
All other circumstances surrounding the abandoned ballot.
Amended by Act 2019, No. 664,§ 1, eff. 7/24/2019.
Amended by Act 2019, No. 534,§ 1, eff. 7/24/2019.
Amended by Act 2019, No. 109,§ 3, eff. 7/24/2019.
Amended by Act 2017, No. 908,§ 1, eff. 8/1/2017.
Amended by Act 2013, No. 1461,§ 1, eff. 8/16/2013.
Amended by Act 2013, No. 1424,§ 1, eff. 8/16/2013.
Acts 1969, No. 465, Art. 7, § 11; A.S.A. 1947, § 3-711; Acts 1997, No. 451, § 21; 2005, No. 880, § 2; 2007, No. 224, § 5; 2007, No. 834, § 1; 2009, No. 959, § 13; 2011, No. 1033, § 1.
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 7-5-311 - Voters with disabilities - Special procedures - Definition

(a)
The county boards of election commissioners shall provide voting locations that are accessible to voters with disabilities and shall provide reasonable and adequate methods whereby voters with disabilities may personally and secretly execute their ballots at the polling places.
(b)
After conferring with and obtaining the assistance of persons with disabilities or organizations of citizens with disabilities, the State Board of Election Commissioners shall offer to assist local election authorities with the implementation of Title II requirements of the Americans with Disabilities Act and with the Title III requirements of the Help America Vote Act of 2002 regarding accessibility for voters with disabilities.
(c)
As used in this section, the term "disability" means any physical, mental, or sensory impairment.
(d)
(1)
The county board of election commissioners shall be responsible for compliance with this section and with Pub. L. No. 98-435, Title II of Pub. L. No. 101-336, the Americans with Disabilities Act, and the Help America Vote Act of 2002 regarding the accessibility of voting locations for voters with disabilities.
(2)
The State Board of Election Commissioners shall mail to the chair of each county board of election commissioners and the chair of each county political party a copy of this section and of Pub. L. No. 98-435.
Acts 1979, No. 972, § 1; A.S.A. 1947, § 3-721; Acts 1989, No. 912, § 2; 1993, No. 1192, § 3; 1995, No. 1120, § 1; 1999, No. 643, §§ 1, 2; 2003, No. 1308, § 2; 2005, No. 1827, § 4; 2007, No. 1020, § 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 3 - CONDUCT OF ELECTIONS (§§ 7-5-301 — 7-5-324) › Section 7-5-314 - Duties of election officials - Voter lists

The election officials shall total the number of voters on the list of voters form, and the lists shall be certified and attested to by the election officials.
Acts 1969, No. 465, Art. 7, § 16; 1971, No. 261, § 13; 1973, No. 157, § 7; A.S.A. 1947, § 3-716; Acts 1987, No. 247, § 3; 1993, No. 512, § 2; 1995, No. 946, § 8; 1995, No. 963, § 8; 1997, No. 451, § 25; 2007, No. 1020, § 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 3 - CONDUCT OF ELECTIONS (§§ 7-5-301 — 7-5-324) › Section 7-5-315 - Counting votes for unopposed and deceased candidates

(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.
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 7-5-316 - Presence of candidate - Designation of representatives

(a)
After the polls have been closed, the counting of votes shall be open to the public, and any candidate or political party may be present in person or by representative designated in writing pursuant to §
7-5-312
at the count of the ballots in any election for the purpose of determining whether or not the ballots in any election precinct are fairly and accurately counted.
(b)
The representatives of political parties may be designated and authorized by either the chair or the secretary of the state or county committee, and representatives of candidates may be designated and authorized by the candidate represented.
Acts 1969, No. 465, Art. 7, § 15; 1971, No. 261, § 12; A.S.A. 1947, § 3-715; Acts 1997, No. 451, § 27; 2003, No. 1154, § 2; 2009, No. 1480, § 29.
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 7-5-317 - Processing and delivery of election materials

(a)
After the polls close, all of the election materials shall be processed and delivered in the following manner:
(1)
The poll workers shall total the number of voters on the list-of-voters form and certify and attest the form;
(2)
The list-of-voters form, precinct voter registration list, voter registration application forms, and other recordkeeping supplies shall be delivered to the county clerk;
(3)
Certificates of election results and tally sheets:
(A)
One (1) copy of the certificate of election results with one (1) copy of the tally sheets, if any, shall be delivered to the county clerk; and
(B)
One (1) copy of the certificate of election results shall be returned with one (1) copy of the tally sheets, if any, and reports of challenges of voters, if any, to the county board of election commissioners;
(4)
Ballots:
(A)
The poll workers shall securely envelope any voted ballots separately from any unused ballots and place the ballots in a container with a numbered seal and then deliver the ballots with the tally sheets, if any, and other election materials to the county board of election commissioners; and
(B)
All cancelled ballots shall be preserved separately from the other ballots and returned to the county board of election commissioners; and
(5)
Sealed stub boxes shall be delivered to the county board of election commissioners for storage.
(b)
All of the election materials, stub boxes, and returns shall be delivered to the county board of election commissioners by the poll workers immediately after the polls close.
Amended by Act 2017, No. 621,§ 2, eff. 8/1/2017.
Amended by Act 2017, No. 621,§ 1, eff. 8/1/2017.
Amended by Act 2013, No. 236,§ 1, eff. 8/16/2013.
Acts 1969, No. 465, Art. 7, § 18; A.S.A. 1947, § 3-718; 1995, No. 946, § 9; Acts 1995, No. 963, § 9; 1997, No. 451, § 28; 2001, No. 797, § 1; 2005, No. 67, § 9; 2009, No. 959, § 15; 2009, No. 1480, § 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 3 - CONDUCT OF ELECTIONS (§§ 7-5-301 — 7-5-324) › Section 7-5-318 - Failure to deliver materials - Penalty - Messenger to obtain delinquent returns

(a)
If the poll workers fail to deliver the ballots, ballot stubs, certification of election, voter lists, and other election returns in the manner provided for in §
7-5-317
, the poll workers shall forfeit the sum of two hundred dollars ($200) to be recovered by action of debt in the name of the state for the use of the county.
(b)
Upon failure of delivery of the election returns immediately after the polls close, the county board of election commissioners shall dispatch a peace officer to obtain the election returns, and all expenses incurred by sending the messenger shall be paid by the defaulting poll workers.
Acts 1969, No. 465, Art. 7, § 19; A.S.A. 1947, § 3-719; Acts 1997, No. 451, § 29; 2001, No. 798, § 1; 2009, No. 959, § 15.
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 7-5-321 - [Repealed]

Repealed by Act 2017, No. 633,§ 8, eff. 8/1/2017.
Added by Act 2013, No. 595,§ 5, eff. upon the later of the following:1/1/2014, or the appropriation and availability of funding to the Secretary of State for the issuance of voter identification cards under Section 5 of this act.
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 7-5-322 - [Repealed]

Repealed by Act 2017, No. 633,§ 8, eff. 8/1/2017.
Added by Act 2013, No. 595,§ 5, eff. upon the later of the following:1/1/2014, or the appropriation and availability of funding to the Secretary of State for the issuance of voter identification cards under Section 5 of this act.
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 7-5-323 - Procedure when voter fails to provide verification of registration

If a ballot or absentee ballot is deemed a provisional ballot for failure to provide verification of registration under Arkansas Constitution, Amendment 51, § 13, the voter shall comply with the procedures under Arkansas Constitution, Amendment 51, § 13, for his or her vote to be counted.
Added by Act 2017, No. 633,§ 9, eff. 8/1/2017.
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 7-5-324 - Voter verification card

(a)
(1)
(A)
The Secretary of State shall provide by rule for the issuance of a voter verification card that may be requested by an individual to be used to verify his or her voter registration under Arkansas Constitution, Amendment 51, § 13, when appearing to vote in person or by absentee ballot.
(B)
The rules shall include without limitation:
(i)
A requirement that the voter verification card include a photograph of the voter;
(ii)
Specification of the information to be included on the voter verification card;
(iii)
Provisions concerning the expiration of a voter verification card; and
(iv)
Provisions for the voter verification card to be provided by the county clerk of the county in which the voter is registered to vote.
(2)
Providing for the issuance of a voter verification card under subdivision (a)(1)(A) of this section may include without limitation the purchase by the Secretary of State of cameras and other equipment necessary to generate a voter verification card in the office of the county clerk.
(b)
A voter verification card shall be issued without the payment of a fee or charge to an individual who:
(1)
Does not have another valid form of identification meeting the requirements of Arkansas Constitution, Amendment 51, § 13; and
(2)
(A)
Is registered to vote; or
(B)
Will be at least eighteen (18) years of age at the next election and has timely submitted a voter registration application.
(c)
(1)
The Secretary of State or the county clerk shall not require or accept payment for a voter verification card issued for the sole purpose of voter verification.
(2)
A person requesting a voter verification card for the sole purpose of voter verification shall sign an affidavit that he or she does not possess a valid form of identification meeting the requirements of Arkansas Constitution, Amendment 51, § 13.
Added by Act 2017, No. 633,§ 9, eff. 8/1/2017.
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 7-5-401 - Duties of county clerk

(a)
The county clerk shall be the custodian of the absentee ballots and early voting ballots for any early voting conducted by the county clerk.
(b)
The county clerk shall be furnished a suitable room at the county courthouse or other location designated for the purpose of exercising all the powers and duties concerning the application for, the issuance of, and the voting of absentee and early voting ballots required by law of the county clerk.
(c)
In counties with more than one (1) county seat, the county clerk shall conduct:
(1)
Absentee voting in the courthouse or other room provided by the county; and
(2)
Early voting at the county clerk's designated early voting location in each county seat if the county clerk conducts early voting under §
7-5-418
.
Acts 1969, No. 465, Art. 9, § 1; A.S.A. 1947, § 3-901; Acts 1995, No. 686, § 1; 1995, No. 948, § 1; 2005, No. 67, § 10; 2007, No. 556, § 2.
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 7-5-402 - Voter qualification

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.
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 7-5-407 - Preparation and delivery of ballots

(a)
(1)
The county board of election commissioners shall:
(A)
Prepare official absentee ballots and securely deliver them to the county clerk for mailing to all qualified applicants as soon as practicable but not later than forty-seven (47) days before a preferential primary election, general election, school election, nonpartisan general election, nonpartisan runoff election, or special election;
(B)
Provide a ballot count report to the county clerk listing the:
(i)
Date of delivery;
(ii)
Method of delivery;
(iii)
Total number of ballots provided by ballot style; and
(iv)
Names and signatures of the persons delivering the ballots;
(C)
Maintain the ballot count report for each additional delivery of ballots with separate entries per delivery by ballot style and date; and
(D)
Keep a record of the ballot count report available to the public.
(2)
Upon the receipt of the absentee ballots, the county clerk shall begin delivering ballots to absentee voters as soon as practicable and, no later than forty-six (46) days before the applicable election, shall deliver ballots to those absentee voters who made timely application under:
(A)
Section
7-5-406
; or
(B)
The Uniformed and Overseas Citizens Absentee Voting Act,
52 U.S.C. § 20301
et seq., as existing on January 1, 2023.
(b)
The county board of election commissioners shall prepare official absentee ballots and deliver them to the county clerk for mailing to any qualified applicant as soon as practicable but in any event not later than ten (10) days before all other elections not included in subsection (a) of this section.
Amended by Act 2023, No. 329,§ 2, eff. 8/1/2023.
Amended by Act 2013, No. 1110,§ 5, eff. 8/16/2013.
Acts 1969, No. 465, Art. 9, § 2; 1971, No. 261, § 28; A.S.A. 1947, § 3-902; Acts 1997, No. 1092, § 4; 1999, No. 649, § 1; 2001, No. 1789, § 10; 2007, No. 1049, § 17; 2011, No. 1185, § 7.
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 7-5-408 - List of applications - Preparation, preservation, and inspection

(a)
The county clerk shall make a list of the applications for absentee ballots as the applications are received and shall keep the list of applications and retain the application forms after the election in which they are to be used for the same period as is required for retaining ballots.
(b)
When each absentee ballot is returned to the county clerk, the clerk shall indicate on the list of applications that the absentee ballot was returned.
(c)
The list and applications shall be available to public inspection during regular business hours from sixty (60) days prior to the election until they are destroyed.
(d)
(1)
The county clerk shall record in the electronic voter registration system the date the county clerk receives the voter's:
(A)
Absentee ballot application; and
(B)
Absentee ballot.
(2)
Except as provided in subdivision (d)(3) of this section, during the sixty (60) days before election day, the county clerk shall record in the electronic voter registration system:
(A)
Within one (1) business day after the receipt of the voter's absentee ballot, the date the county clerk received the voter's absentee ballot; and
(B)
Within two (2) business days after receipt of the voter's absentee ballot application, the date the county clerk received the absentee ballot application.
(3)
If a voter's absentee ballot is received by the county clerk on election day, the county clerk immediately shall record the date the absentee ballot was received.
(4)
The county clerk shall not provide an absentee ballot to an election official for counting unless the ballot has been marked as received in the electronic voter registration system.
Amended by Act 2013, No. 1424,§ 5, eff. 8/16/2013.
Acts 1969, No. 465, Art. 9, § 6; 1983, No. 430, § 3; 1985, No. 567, § 5; 1985, No. 568, § 5; A.S.A. 1947, § 3-906; Acts 1997, No. 1092, § 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 4 - ABSENTEE VOTING (§§ 7-5-401 — 7-5-419) › Section 7-5-410 - Instructions and notice included with voting materials - Other enclosures prohibited

It shall be unlawful for any person to place any notice, advertising material, or other advice with the material delivered or mailed to the applicant, other than instructions as to the method of casting an absentee ballot including a procedure to be followed by absentee voters such as express information covering the type or types of writing instruments which may be used to mark the absentee ballot, preferably pen or indelible pencil, the consequences of voting for more than one (1) candidate for a particular office, and notice of the last day on which the ballot may be received and counted. The instructions and notice shall not be signed by the name of any person.
Acts 1969, No. 465, Art. 9, § 9; 1971, No. 261, § 27; A.S.A. 1947, § 3-909; Acts 2009, No. 959, § 17.
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 7-5-412 - Marking and return of absentee ballots - Delivery of mailed absentee ballots

(a)
Upon receiving the blank absentee ballot, voter statement, and envelopes, whether in the office of the county clerk or elsewhere, the voter shall mark the absentee ballot and place the absentee ballot in the provided envelope. He or she shall then seal the envelope containing the absentee ballot and place it in the other provided outer envelope with the following:
(1)
The completed and executed voter statement, including identification of the designated bearer, authorized agent, or administrator when appropriate; and
(2)
(A)
Verification of voter registration; or
(B)
A copy of a current and valid photographic identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the first-time voter, for first-time voters who registered by mail. However, this requirement does not apply if:
(i)
The voter registered to vote by mail and provided the identification at that time; or
(ii)
The first-time voter registered to vote by mail and submitted his or her driver's license number or at least the last four (4) digits of his or her Social Security number at the time and this information matches the information in an existing state identification record bearing the same number, name, and date of birth as provided in the registration.
(b)
A voter who desires to cast an absentee ballot but who does not meet the identification requirements of subdivision (a)(2) of this section may cast his or her absentee ballot by mail, and the absentee ballot shall be considered as a provisional ballot.
(c)
After recording receipt of the absentee ballot in the electronic voter registration system, absentee ballots received by mail on election day before the polls close shall be delivered promptly by the county clerk to the election officials designated to canvass and count absentee ballots.
Amended by Act 2021, No. 249,§ 5, eff. 7/28/2021.
Amended by Act 2017, No. 633,§ 12, eff. 8/1/2017.
Amended by Act 2013, No. 1424,§ 9, eff. 8/16/2013.
Acts 1969, No. 465, Art. 9, § 11; 1970 (Ex. Sess.), No. 28, § 2; A.S.A. 1947, § 3-911; Acts 1997, No. 1092, § 8; 2003, No. 647, § 2; 2003, No. 994, § 11; 2005, No. 880, § 5; 2007, No. 556, § 9; 2009, No. 250, § 13.
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 7-5-413 - Voting machines - Related duties

(a)
(1)
At least one (1) voting machine equipped for use by individuals with disabilities shall be placed in the county clerk's designated location for early voting for the election in accordance with this subchapter and at any off-site polling locations established by the county board of election commissioners.
(2)
Those persons entitled under the law to vote early by personal appearance shall cast their votes on voting systems under the laws applicable to early voting, and the clerk or election official shall enter the name of each voter on a list at the time he or she votes in the presence of an authorized poll watcher, if any.
(b)
After regular business hours, the clerk at the clerk's designated early voting location or the election official at any off-site polling place shall secure the machines against further voting at the close of each day's voting in the presence of authorized poll watchers, if any. When early voting is concluded, the clerk or the election official shall secure the machines against further voting.
(c)
(1)
(A)
At the time designated in the notice of election, a set of election officials for the machines used for early voting shall canvass the vote in the manner provided for regular polling sites in the presence of an authorized poll watcher, if any.
(B)
After the canvass has been made, the machines shall be secured and shall remain inaccessible to voting in the presence of an authorized poll watcher, if any.
(2)
The results of the canvass shall be returned to the county board of election commissioners to be tabulated and canvassed with and in the same manner as the returns of other election precincts.
(d)
Any candidate or political party may be present in person or by a representative designated in writing during the progress of early voting and at the canvass of the results in any election for the purpose of determining whether or not the votes in any election are fairly and accurately cast and counted.
Amended by Act 2023, No. 444,§ 5, eff. 8/1/2023.
Amended by Act 2023, No. 444,§ 4, eff. 8/1/2023.
Acts 1969, No. 465, Art. 9, § 16; 1970 (Ex. Sess.), No. 6, § 1; 1985, No. 567, § 6; 1985, No. 568, § 6; A.S.A. 1947, § 3-916; Acts 1995, No. 686, § 6; 1995, No. 948, § 6; 1997, No. 1092, § 9; 2005, No. 2233, § 8; 2007, No. 556, § 10; 2007, No. 1020, § 12.
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 7-5-414 - Appointment of election clerks - Qualifications

(a)
The county board of election commissioners shall appoint election clerks to process, count, and canvass the absentee voters' ballots in all elections.
(b)
(1)
The election clerks who are to canvass the absentee ballots shall be appointed in the same manner and at the same time the poll workers are selected to serve at the regular voting precincts.
(2)
The election clerks shall possess the same qualifications as the poll workers who serve at the regular voting precincts.
(c)
The processing, counting, and canvassing of the absentee ballots shall be under the supervision and at the direction of the county board of election commissioners.
Acts 1969, No. 465, Art. 9, § 12; A.S.A. 1947, § 3-912; Acts 1997, No. 1092, § 10; 2005, No. 1827, § 5; 2007, No. 556, § 11; 2009, No. 959, § 18.
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 7-5-415 - Compensation of county clerk for extra deputy

The county clerk's budget shall be paid not less than minimum wage for a period not to exceed thirty-five (35) days for hiring one (1) extra deputy for the purpose of carrying out the requirements of this act. The fee for this one (1) extra deputy shall be established and paid by the county, city, or other political subdivision, the representatives of which call the election, or in the case of a state-funded election, by the State Board of Election Commissioners. Any additional deputies beyond the one (1) extra deputy may be hired as necessary to carry out the purposes of early voting and absentee voting, if approved and paid by the quorum court of the county. In the regular general election, the fee for the one (1) extra deputy or additional deputies shall be paid by the county.
Acts 1969, No. 465, Art. 9, § 15; A.S.A. 1947, § 3-915; Acts 1991, No. 482, § 1; 1997, No. 1092, § 11; 2007, No. 556, § 12.