Arkansas Administrative Code › Agency 108 - BOARD OF ELECTION COMMISSIONERS › Rule 108.00.09-005 - 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 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.
(c) Challenged Ballot Form - the applicable
		  portion 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 consisting of
		  local election officials responsible for conducting all elections within their
		  respective county, including 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.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 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. "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.
(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. 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 only during the
		  counting and tabulation of ballots and the processing of absentee
		  ballots.9
(I) 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 attending a counting site or 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 - person designated by the
		  county board of election commissioners to serve as an election clerk, election
		  judge, or an 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".