Arkansas Administrative Code › Agency 108 - BOARD OF ELECTION COMMISSIONERS › Rule 108.00.15-006 - 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 a ballot where candidates' names appear.
(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 a ballot where measures appear.
(d)
Marking device
-
		  any approved device operated by a voter to record the voter's choices through
		  marking or creating a paper ballot with ink or other substance that will enable
		  the votes to be tabulated by means of an electronic vote tabulating device. 
		  2 Paper ballots counted by hand shall be
		  marked using permanent ink. If an electronic vote tabulating device (optical
		  scanner) is used to count paper ballots, a marking instrument recommended by
		  the manufacturer of the optical scanner for proper marking shall be
		  used.4
(e)
Measure -
an
		  amendment, act, ordinance, referendum, issue, question, plebiscite or proposal
		  not involving the election of candidates that appears on a
		  ballot.5
(f)
Over-vote
- a
		  ballot containing marks for more than the maximum allowable number of
		  candidates in any one (1) contest6 or containing
		  marks both "FOR" and "AGAINST" a single measure.
(g)
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". If the paper ballot contains an initiated or
		  referred amendment, act, or other 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". Every
		  paper ballot must contain printed instructions under the heading that inform
		  the voter of the effect of casting multiple votes for an office or measure and
		  how to correct the ballot before it is cast and
		  counted.9 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 other measure to be voted on, the
		  words "FOR" and "AGAINST" shall be situated one above the other with a place
		  for marking a vote for each act, amendment, or other measure adjacent to and on
		  the same line of each word.10
(h)
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
		  measure.
(i)
Target
		  area
- the place on the paper ballot for marking a vote for
		  candidates and measures.
(j)
Under-vote
- no vote is recorded for a
		  contest.
(k)
Voting
		  machine
- either 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; or one or more
		  electronic devices that operate independently or as a combination of a ballot
		  marking device and an electronic vote tabulating
		  device.11