Arkansas Administrative Code › Agency 108 - BOARD OF ELECTION COMMISSIONERS › Rule 108.00.13-004 - 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) Additional Identification Requirement -
		  documentary identification in addition to proof of identity that certain
		  first-time voters who register by mail must show to cast a regular ballot
		  during early voting or at the polls on election day. Acceptable identification
		  documents include a copy of a current and valid photo 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
		  voter.2
(c) Administrator - the administrative head
		  of a long-term care or residential care facility licensed by the
		  state.
(d) 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.
(e) 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.
(f) 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.3
(g) 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.4
(h) Documentation from the Administrator -a
		  letter on facility letterhead, dated and signed by the administrator which
		  specifically identifies the full name of the resident in the body of the letter
and is valid for one year after the date it is signed and issued.
			 The letter issued by the administrator can be used by a resident of a long-term
			 care facility during early voting, on election day at a polling location, and
			 when voting by absentee ballot.5
(i) 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 ballots6 under the supervision of
		  the county board.
(j) 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
		  sheriff7
(k) 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 or she desires to vote and is eligible to vote in that election
		  (see Attachment "A").
(l)
		  First-time Voter Registered by Mail - any registered voter, except those
		  exempted by Arkansas Code Annotated §
								7-5-201(e)(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.9 "First-time voters
		  registered by mail" who do not provide identification when registering are
		  flagged by the county clerk for an additional 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 additional identification
		  requirement.
(m) Polling Site - a
		  location selected by the county board of election commissioners where votes are
		  cast.10
(n) 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 of the Arkansas Secretary of
		  State's Rules on Voter Identification 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.11
(o) 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").12
(p) 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.
(q) Precinct - the geographical boundary
		  lines dividing a county, municipality, township, or school district for voting
		  purposes.13
(r) 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.14 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.15
(s) Proof of Identity:
(1) A voter identification card issued by the
		  county clerk pursuant to Act 595 of 2013 OR
(2) A document or identification card that
		  meets all of the following conditions:
(a)
		  Shows the name of the person to whom the document was issued;
(b) Shows a photograph of the person to whom
		  the document was issued;
(c) Is
		  issued by the United States, the State of Arkansas, or an accredited
		  postsecondary educational institution in the State of Arkansas; and
(d) If displaying an expiration date, the
		  document or card is not expired or expired no more than four (4) years before
		  the date of the election in which the person seeks to vote.
(3) Documents or Identification
		  cards that comply with the above requirements for proof of identity may
		  include, without limitation, the following:
(a) A driver's license;
(b) A photo identification card;
(c) A concealed handgun carry license;
(d) A United States
		  passport;
(e) An employee badge or
		  identification document;
(f) A
		  United States Military identification document;
(g) A student identification card issued by
		  an accredited postsecondary educational institution in the State of
		  Arkansas;
(h) A public assistance
		  identification card; and
(i) A
		  voter identification card as provided under Act 595 of 2013 and rules
		  propounded by the Secretary of State16
(t) Provisional Ballot
		  -a ballot cast and/or considered by special procedures to record a vote when
		  there is some question concerning a voter's eligibility or compliance with
		  certain statutory requirements. Provisional ballots are counted upon
		  verification of a voter's eligibility or compliance with those statutory
		  requirements.17
(u) 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".