Current through Register Vol. 49, No. 2, February 2024
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
§ 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.
Standards
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 in the target area as either for or against a measure shall be
counted as a vote for that candidate or on that measure for that contest.
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 with identical marks both
for and against a measure, without additional clarifying marks, shall be deemed
an over-vote, and no vote shall be counted in that contest.
12
Votes NOT counted:
Click here
to view image
4.
Any paper ballot with the names for all but one (1) candidate stricken shall be
counted for the one (1) candidate whose name was not stricken.
Vote to be counted (for candidate not
stricken):
Click here
to view image
5.
Any paper ballot with identical marks for more than one (1) candidate or with
identical marks both for and against a measure in a contest, clarified by an
additional mark or marks that indicate support for a single candidate or
support for or against a measure, shall be counted as a vote for the candidate
or on the measure 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, candidate area or issue
area for only one (1) candidate or either for or against a measure, including
circling or making a mark through the target area, candidate area, or issue
area, provided there is no other similar marking in the contest, shall be
counted as a vote for that candidate or on that measure, 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 either for or
against a measure, 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 on the measure 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 either for or against a measure and on which marks in
other target areas or candidate or issue areas have been partially erased,
scratched out, or otherwise removed shall be counted as a vote for the
candidate or on the measure 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 for and/or against a measure, shall not be counted as
a vote in that contest, unless clarified by an additional mark or marks that
indicate support for a single candidate or support either for or against the
measure.
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
13. A write-in vote is not counted unless the
name written on the paper ballot is the same name listed on the write-in
candidate's political practices pledge. 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
1 A.C.A. §
7-1-101
2A.C.A. §
7-1-101 as amended by
Act 1218 of 2015
3A.C.A. §
7-5-602(c)
4 A.C.A. §
7-5-211(a)(2)(H)
5A.C.A. §§
7-9-101
6 A.C.A. §
7-5-603(2)(B)
7A.C.A. §
7-5-208(b)(1)
8A.C.A. §§
7-5-208(b)(2);
7-5-601(d)(2)
9A.C.A. §
7-5-601(e)
10A.C.A. §
7-5-208(d)
11A.C.A. §
7-1-101 as amended by
Act 1218 of 2015
12A.C.A. §
7-5-603(2)(B)
13A.C.A. §
7-5-205(4)
14A.C.A. §
7-5-309(g)
15A.C.A. §
7-5-309(h)
16 A.C.A. §
7-5-504(9)
17A.C.A. §
7-5-522(d)
