Arkansas Administrative Code › Agency 108 - BOARD OF ELECTION COMMISSIONERS › Rule 108.00.11-005 - Rules on Poll Watchers, Vote Challenges, and Provisional Voting

Current through Register Vol. 49, No. 6, June, 2024
Scope of Rules
These rules set forth the procedures for poll watchers,
			 challenging votes, and 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 clerks 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 that is unique to each precinct or part of
		  a precinct.
(c) 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, ballot style, and the
		  date and time of the challenge under the signature of both the poll watcher and
		  the challenged voter.
(d) 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
(e) County Board of Election Commissioners -
		  the three-member board in each of the 75 counties in this State responsible for
		  conducting all elections within their respective county, including two members
		  elected by the county committee of the majority party and one member elected by
		  the county committee of the minority party or persons appointed by the state
		  chair of either the majority or minority parties to fill a vacancy in that
		  party's position.3
(f) Election Clerk - for the purpose of these
		  rules, a person possessing the same qualifications as a poll worker who is
		  designated by the county board of election commissioners to process, count, and
		  canvass absentee ballots4 under the supervision of
		  the county board.
(g) Election
		  Official - a person who is a member of the county board of election
		  commissioners or a person who is a poll worker designated by a county board of
		  election commissioners to be an election clerk, election judge, or election
		  sheriff5
(h) Eligibility Affirmation - a written
		  affirmation executed by a provisional voter in the presence of the poll worker
		  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").6
(i) First-time Voter Registered by Mail - any
		  registered voter, except those exempted by Arkansas Code Annotated §
								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.7 "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 valid 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
		  if a state or local election official can match the driver's license or social
		  security number with an existing state identification record bearing the same
		  number, name and date of birth as provided in the registration. Registration
		  applications arriving in bulk by means other than the mail 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.8
(k) Poll Watcher - any authorized
		  representative of a candidate, any authorized representative of a group seeking
		  passage or defeat of a measure on the ballot, and any authorized representative
		  of a political party with a candidate on the ballot 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. A
		  candidate may be present at an absentee ballot processing site to observe and
		  ascertain the identity of absentee voters for the purpose of challenging any
		  absentee vote. A candidate or an authorized representative of 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. A candidate may be
		  present in person during early voting only for the purpose of observing whether
		  or not votes are fairly and accurately
		  cast.9
(l) Poll Watcher Authorization Form - an
		  affidavit, in the form specified by law, designating and authorizing a poll
		  watcher. The "poll watcher authorization form" must be filed with the county
		  clerk and a file-marked copy presented to an election official immediately upon
		  entering the polling site, absentee ballot processing site, or counting site.
		  Candidates in person at early voting, attending a counting site or an absentee
		  ballot processing site must present identification, but are not required to
		  present a Poll Watcher Authorization Form (see Attachment
		  "C").10
(m) Poll Worker - an election official
		  designated by the county board of election commissioners to be an election
		  clerk, election judge or election sheriff at a polling site.
(n) Precinct - the geographical boundary
		  lines dividing a county, municipality, township, or school district for voting
		  purposes.11
(o) Precinct Voter Registration List - a
		  computerized list provided by the county clerk and used by poll workers in each
		  polling place 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, including those who have been designated inactive, within the precinct
		  with a space for each voter's signature.12 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
(p) Provisional Ballot - a ballot cast by
		  special procedures to record a vote when there is some question concerning a
		  voter's eligibility and counted contingent upon the verification of the voter's
		  eligibility.14
(q) Provisional Voter Envelope - an envelope
		  used by poll watchers for voter challenges and by poll workers 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 have printed on it all the information
		  sought by Attachment "A".