Arkansas Administrative Code › Agency 108 - BOARD OF ELECTION COMMISSIONERS › Rule 108.00.06-001 - Rules on Provisional Voting

Current through Register Vol. 49, No. 6, June, 2024
Scope of Rules
These rules set forth the procedures for issuing, processing, and
			 counting provisional ballots. These rules are in addition to and not a
			 substitute for the laws of the State of Arkansas.
§ 900
Definitions
(a) Absentee Ballot Processing Site - a place
		  designated by the county board of election commissioners in the courthouse
		  where election officials for absentee ballots meet on election day for the
		  purpose of processing absentee ballots.1
(b) Ballot Style - a ballot's combination of
		  contests and issues to be voted upon unique to each precinct.
(c) Challenger - a poll watcher officially
		  recognized to legally question in the form of a formal challenge any person
		  presenting himself or herself in person to vote at the poll or to challenge any
		  absentee voter.
(d) Challenged
		  Ballot Form - the applicable portions of a "provisional voter envelope" (see
		  Attachment "A") that are completed when a poll watcher challenges a voter,
		  identifying the voter whose vote was challenged, the poll watcher, the reason
		  for the challenge, the applicable provisional voter number from the list of
		  provisional voters (see Attachment "B"), poll, precinct and ballot style, and
		  the date and time of the challenge under the signature of both the poll watcher
		  and the challenged voter.
(e)
		  Counting Site - a location selected by the county board of election
		  commissioners with respect to all elections for the processing and/or counting
		  of votes.2
(f) County Board of Election Commissioners -
		  local election officials responsible for conducting all elections within their
		  respective county comprised of one (1) member appointed by the county committee
		  of the majority party (generally the county committee chair), one (1) member
		  appointed by the county committee of the minority party (generally the county
		  committee chair), and a third member appointed by the State Board of Election
		  Commissioners from a certified list of five (5) nominees submitted by the
		  county committee of the majority party.3
(g) Election Official - members of the county
		  boards of election commissioners and persons designated by the county board to
		  serve as poll workers; to process, count and canvass absentee ballots; or to
		  direct all proceedings at a centralized counting
		  location.4
(h) Eligibility Affirmation - a written
		  affirmation executed by a provisional voter in the presence of an election
		  official at the poll 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 in that
		  election (see Attachment "A").
(i)
		  First-time Voter Registered by Mail - any registered voter, except those
		  exempted by A.C.A. §
								7-5-201(d)(2),
		  who has not previously voted in a federal election in the state and whose
		  registration application arrived at the county clerk's office or Secretary of
		  State's office by mail. "First-time voters registered by mail" who do not
		  provide identification when registering are flagged by the county clerk for the
		  identification requirement. "First-time voters registered by mail" who provided
		  a driver's license number or the last four (4) digits of their social security
		  number on their voter registration application form are considered as having
		  provided identification. Registration applications arriving in bulk at the
		  registrar's office or delivered by leaders of voter registration drives are
		  considered to have been delivered in person, not by mail, and are, therefore,
		  not considered "first-time voters registered by mail" and not flagged by the
		  county clerk for the identification requirement.
(j) Polling Site - a location selected by the
		  county board of election commissioners where votes are
		  cast.7
(k) Poll Watcher - any candidate in person,
		  any representative of a candidate designated in writing, any representative of
		  any group seeking passage or defeat of a measure on the ballot designated in
		  writing, or any representative of a political party with a candidate on the
		  ballot designated in writing who is present at a polling site or an absentee
		  ballot processing site to observe and ascertain the identity of persons
		  presenting themselves to vote at the polls or to observe and ascertain the
		  identity of absentee voters for the purpose of challenging any voter in person
		  or for the purpose of challenging any absentee vote. "Poll watchers"
		  representing a candidate or political party may also be present at all counting
		  sites for the purpose of witnessing the counting of ballots by election
		  officials.9
(l) Poll Watcher Authorization Form - an
		  affidavit, in the form specified by law, designating a poll watcher. The "poll
		  watcher authorization form" must be presented to an election official at the
		  polling or counting site before a poll watcher can be officially recognized.
		  The form is required of designated representatives only; candidates in person
		  are not required to present the form (see Attachment
		  "C").10
(m) Precinct - the geographical boundary
		  lines dividing a county, municipality, township, or school district for voting
		  purposes.11
(n) Precinct Voter Registration List - a list
		  provided by the county clerk and used by election officials in each precinct
		  for every election conducted in the state indicating the name and date of the
		  election, identifying the precinct's number and county in which located, and
		  containing the name, address and date of birth of each registered voter within
		  the precinct with a space for each voter's signature. In any precinct with more
		  than one (1) ballot style, the precinct voter registration list must also
		  identify the district, sub-district, county, municipality, ward, and school
		  zone in which each voter is qualified to
		  vote.13
(o) Provisional Ballot - a paper ballot cast
		  by a voter in response to a poll watcher challenge or as a result of a voter
		  qualification issue (such as a first-time voter registered by mail without
		  proper identification or a voter whose registration cannot be confirmed by the
		  county clerk's office) that is referred to the county board of election
		  commissioners for a determination prior to certification of the results of the
		  election as to whether the ballot is valid and should be counted. A
		  "provisional ballot" is counted only upon verification of the voter's
		  registration status in the precinct.14
(p) Provisional Voter Envelope - an envelope
		  used by poll watchers for voter challenges and by election officials for voter
		  qualification issues containing information relating to provisional voters,
		  including a provisional voter's eligibility affirmation, the reason for voting
		  provisional, the ballot style voted, the county clerk's certification of the
		  provisional voter's registration status, and the disposition of the provisional
		  ballot upon review by the county board of election commissioners. A
		  "provisional voter envelope" shall include all the information sought by
		  "Attachment "A."