Arkansas Administrative Code › Agency 108 - BOARD OF ELECTION COMMISSIONERS › Rule 108.00.09-004 - Rules for Voter Intent

Current through Register Vol. 49, No. 6, June, 2024
Scope of Rules
These rules and regulations set forth the procedures for
			 determining voter intent. These rules are subject to revisions due to the use
			 of new types of equipment and/or ballot formats, or changes in laws and are in
			 addition to and not a substitute for the laws of the State of Arkansas.
§ 300
Definitions
(a)
Candidate area
-
		  the area(s) on or between the lines separating candidate names.
(b)
Electronic vote tabulating
		  device
- a device, commonly referenced as an optical scanner, used
		  to electronically scan a marked paper ballot for the purpose of
		  tabulation.1
(c)
Issue area
- the
		  area(s) on or between the lines separating issues.
(d)
Marking device
-
		  any approved device for marking a paper ballot with ink or other substances
		  that will enable votes to be tabulated by means of an electronic vote
		  tabulating device.2 Paper ballots counted by hand
		  shall be marked using permanent ink.3 If an
		  electronic vote tabulating device (optical scanner) is used to count paper
		  ballots, the marking instrument recommended by the manufacturer of the optical
		  scanner for proper marking shall be used.4
(e)
Over-vote
- A
		  ballot containing marks for more than the maximum allowable number of
		  candidates in any one (1) contest5 or containing
		  marks both "FOR" and "AGAINST" a single issue.
(f)
Paper ballot -
a
		  paper vote sheet that is either counted by hand or by use of an electronic vote
		  tabulating device. The heading of each paper ballot must read: "OFFICIAL BALLOT
(description)
ELECTION
(date),
		  (year)
. Vote by placing an appropriate mark opposite the person
		  for whom you wish to vote".6 If the paper ballot
		  contains an initiated or referred amendment, act, or measure, the heading must
		  also include the language: "Vote on amendments, acts, and measures by placing
		  an appropriate mark below the amendment (or act or measure) either "FOR" or
		  "AGAINST".7 Every paper ballot must contain printed
		  instructions under the heading that inform the voter of the effect of casting
		  multiple votes for an office and how to correct the ballot before it is cast
		  and counted.8 The paper ballot must contain a place
		  for marking a vote for a candidate adjacent to and on the same line as the name
		  of each candidate. Below each act, amendment, or measure to be voted on, the
		  words "FOR" and "AGAINST" shall be situated one above the other with a place
		  for
(g)
Properly
		  marked
- A paper ballot appropriately marked in the appropriate
		  places for marking a vote that contains no marks for more than the maximum
		  allowable number of candidates in any one (1) contest or marks both "FOR" and
		  "AGAINST" any single issue.
(h)
Target area
- the place on the paper ballot for
		  marking a vote adjacent to and on the same line as the candidate's name or
		  issue to be voted on.
(i)
Under-vote
- no vote is recorded for a
		  contest.
(j)
Voting
		  machine
- a direct recording electronic voting machine that
		  records votes by means of a ballot display provided with mechanical or
		  electro-optical components that may be actuated by the voter, processes data by
		  means of a computer program, records voting data and ballot images in internal
		  and external memory components, and produces a tabulation of the voting data
		  stored in a removable memory component and in a printed
		  copy.10