Current through Register Vol. 49, No. 9, September, 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 or between the lines separating candidate names.
(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 or between the lines separating issues.
(d)
Marking device -
any approved device for marking a paper ballot with ink or other substances
that will enable votes to be tabulated by means of an electronic vote
tabulating device.2 Paper ballots counted by hand
shall be marked using permanent ink.3 If an
electronic vote tabulating device (optical scanner) is used to count paper
ballots, the marking instrument recommended by the manufacturer of the optical
scanner for proper marking shall be used.4
(e)
Over-vote - A
ballot containing marks for more than the maximum allowable number of
candidates in any one (1) contest5 or containing
marks both "FOR" and "AGAINST" a single issue.
(f)
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".6 If the paper ballot
contains an initiated or referred amendment, act, or 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".7 Every paper ballot must contain printed
instructions under the heading that inform the voter of the effect of casting
multiple votes for an office and how to correct the ballot before it is cast
and counted.8 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 measure to be voted on, the
words "FOR" and "AGAINST" shall be situated one above the other with a place
for
(g)
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 issue.
(h)
Target area - the place on the paper ballot for
marking a vote adjacent to and on the same line as the candidate's name or
issue to be voted on.
(i)
Under-vote - no vote is recorded for a
contest.
(j)
Voting
machine - 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.10
§ 301
Paper Ballots
The following standards shall apply in determining whether a
paper ballot has been properly marked and whether a vote should be counted for
any contest in question:
* when paper ballots are not scanned in the presence of the voter
due to malfunction of a precinct electronic vote tabulating device and the
prescribed counting machine will not accept an individual paper ballot during
tabulating,
* when using an electronic vote tabulating device at a central
counting location and the prescribed counting machine will not accept an
individual paper ballot, or
* when counting paper ballots manually by hand.
The following instructions assume a single-seat office, that is,
the voter is only permitted to vote for one (1) candidate per contest.
1. Any paper ballot that is properly marked,
as specified by the ballot instructions, in the target area for one (1)
candidate or issue per contest shall be counted as a vote for that candidate or
issue.
Vote to be counted:
Click here
to view image
2.
Any paper ballot that is properly marked with any device other than the
approved marking device which prevents a machine count shall be counted as a
vote.
3. Any paper ballot with
identical marks for more than one (1) candidate or issue per contest, without
additional clarifying marks, shall be deemed an over-vote, and no vote shall be
counted.11
Votes NOT counted:
Click here
to view image
4.
Any paper ballot with marks for more than one (1) candidate per contest, where
the names for all but one (1) candidate are stricken, shall be counted for the
one (1) candidate whose name was not stricken.
Vote to be counted (Tor candidate not
stricken):
Click here
to view image
5.
Any paper ballot with identical marks for more than one (1) candidate per
contest, clarified by an additional mark or marks that indicate support for a
single candidate shall be counted as a vote for the candidate with the
additional clarifying marks.
Votes to be counted (for candidate with additional
clarifying mark):
Click here
to view image
6.
Any paper ballot that has any mark in the target area or candidate or issue
area for only one (1) candidate or issue, including circling the target area
and/or the candidate's name or issue or making a mark through the target area
or candidate's name or issue, provided no other candidate for that office or
issue is similarly marked, shall be counted as a vote for that candidate or
issue, unless the mark is clearly a negative comment.
a.
Votes to be counted:
Click here
to view image
7. Any paper ballot that has a mark in the
target area or candidate or issue area for one (1) candidate or issue, which
partially extends into one (1) or more other target areas or candidate or issue
areas shall be counted as a vote for the candidate or issue so marked only if
it is readily apparent that most of the mark is in that candidate or issue area
or target area.
Votes to be counted:
Click here
to view image
8.
Any paper ballot that has a mark in the target area or candidate or issue areas
for one (1) candidate or issue and on which other marks in the target area or
candidate or issue areas for any other candidates or issues have been partially
erased, scratched out, or otherwise removed, shall be counted as a vote for the
candidate or issue for which the mark was not erased, scratched out, or
otherwise removed.
Votes to be counted:
Click here
to view image
9.
Any paper ballot in which writings or remarks appear to be ranking the
candidates (letters, numbers) shall be counted as a vote for the top ranked
candidate.
Vote to be counted for Jack Benny in all
cases:
Click here
to view image
10.
Any paper ballot with positive or negative writings or remarks regarding one
(1) or more candidates or issues, shall not be counted as a vote for that
contest, unless clarified by an additional mark or marks that indicate support
for a single candidate.
Votes NOT counted:
Click
here to view image
Votes to be counted:
Click
here to view image
11. Any paper ballot on which the voter casts
a vote on the ballot and writes in a different, qualified candidate in the
write-in area shall be considered an over-vote for that contest and neither
vote shall be counted.
Vote NOT counted:
Click
here to view image
12. A write-in vote is not counted unless the
name of the write-in candidates shall have been hand-written on the paper
ballot.12
13. Any abbreviation, misspelling, or other
minor variation in the hand-written form of the name of a qualified write-in
candidate must be disregarded if the intention of the voter can be reasonably
determined.
13
14. If a paper ballot is left at a voting
booth or anywhere else in the polling site without being inserted by the voter
into the ballot box before departing the polling site, a poll worker shall
write "Abandoned" on the ballot and place it into an "Abandoned Ballot"
envelope with a notation on the outside of the envelope of the circumstances
surrounding the abandoned ballot. The ballot shall not be
counted.14
15. If a paper ballot that is fed by a voter
into an electronic vote tabulating device is rejected by the device but is in
the receiving part of the counter, and the voter has departed the polling site
without instructing a poll worker to cancel or replace the ballot, then two (2)
poll workers shall override warnings and complete the process of casting the
ballot. The poll workers shall document the time they completed the process of
casting the ballot, the name of the voter, the names of the poll workers
completing the process, and all other circumstances surrounding the abandoned
ballot.15
§ 302
Direct Recording Electronic
Voting Machine
Voting machines are constructed to notify a voter when more than
the maximum allowable number of selections in any one (1) contest are made,
thus preventing the voter from over-voting any contest on the ballot. Voting
machines can be programmed to alert the voter of any under-voted
contest.16
If a voter fails to complete the process of casting an electronic
ballot on a voting machine and departs the polling site without notifying a
poll worker of his or her desire to cancel the ballot prior to departing, two
(2) poll workers shall take action to complete the process of casting the
ballot. The poll workers must document the time, the name of the voter, if
known, the names of the poll workers completing the process of casting the
ballot, and all other circumstances surrounding the abandoned
ballot.17
1A.C.A. §
7-1-101(11),
as amended by Acts 659, 959, and 1480 of 2009
2A.C.A. §
7-1-101(16),
as amended by Acts 659, 959, and 1480 of 2009
3A.C.A. §
7-5-602(c),
as amended by Act 1480 of 2009
4A.C.A. §
7-5-211(a)(2)(H)
5 A.C.A. §
7-5-603(2)(B),
as amended by Act 1480 of 2009
6 A.C.A. §
7-5-208(b)(1),
as amended by Act 1480 of 2009
7 A.C.A. §
7-5-601(d)(2),
as amended by Act 1480 of 2009
8 A.C.A. §
7-5-601(e),
as amended by Act 1480 of 2009 marking a vote for each act, amendment, or
measure adjacent to and on the same line of each word.
9A.C.A. §
7-5-208(d),
as amended by Act 1480 of 2009
10 A.C.A. §
7-1-101(33),
as amended by Acts 659, 959, and 1480 of 2009
11A.C.A. §
7-5-603(2)(B),
as amended by Act 1480 of 2009
12 A.C.A. §
7-5-205(4),
as amended by Act 1480 of 2009
13 A.C.A. §
7-5-205(4),
as amended by Act 1480 of 2009
14 A.C.A. §
7-5-309(g),
as amended by Act 959 of 2009
15 A.C.A. §
7-5-309(h),
as amended by Act 959 of 2009
16 A.C.A. §
7-5-504(9)
17 A.C.A. §
7-5-522(d),
as amended by Act 959 of 2009
