Arkansas Administrative Code › Agency 108 - BOARD OF ELECTION COMMISSIONERS › Rule 108.00.07-005 - 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) 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.
(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 -
		  local election officials responsible for conducting all elections within their
		  respective county comprised of one (1) member selected by the county committee
		  of the majority party (generally the county committee chair), one (1) member
		  selected by the county committee of the minority party (generally the county
		  committee chair), and a third member selected by the county committee of the
		  majority party at the same time as the election of party officers.
(f) Election Officials - 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 central counting
		  location.4
(g) 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").5
(h) 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. "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.
(i) Polling Site - a location selected by the
		  county board of election commissioners where votes are
		  cast.7
(j) Poll Watcher - any candidate in person,
		  any authorized representative of a candidate, any authorized representative of
		  a group seeking passage or defeat of a measure on the ballot, or 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 in person 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.9
(k) 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.
		  The form is required of designated representatives only; candidates in person
		  are not required to present the form (see Attachment
(l) Precinct - the geographical boundary
		  lines dividing a county, municipality, township, or school district for voting
		  purposes.11
(m) 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.
(n) 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
(o) 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 have printed on it all the information
		  sought by "Attachment "A".