Current through Register Vol. 49, No. 9, September, 2024
Scope of Rules
These rules set forth the procedures for poll watchers,
challenging votes, and 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 where election clerks for
absentee ballots meet on election day or during the one week period before
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 or part of a 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, 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 responsible for conducting all elections within their respective
county, including two members elected by the county committee of the majority
party and one member elected by the county committee of the minority party or
persons appointed by the state chair of either the majority or minority parties
to fill a vacancy in that party's
position.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, a person who performs election coordinator duties, a
person who is a poll worker designated by a county board of election
commissioners to be an election clerk, election judge, or election sheriff, or
a deputy county clerk or a person assigned by a county clerk to conduct early
voting.5
(h)
Electronic Poll
Book - hardware or software or a combination of hardware and
software that allows election officials to view voter registration records and
voting information during an election at an early voting location or at a
polling site. The functions of an electronic poll book may include voter
lookup, voter verification, voter identification, precinct assignment, ballot
assignment, a recording of when a voter presents himself or herself to an
election official to request a ballot, and direction to the correct polling
site. An electronic poll book may be used as the precinct voter registration
list.6
(i)
Eligibility
Affirmation - a written affirmation executed under penalty of
perjury 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").7
(j)
First-time Voter Registered
by Mail - any registered voter, except those exempted by Arkansas
Code Annotated §
7-5-201(e)(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.8 "First-time voters
registered by mail" who do not provide identification when registering are
flagged by the county clerk for the additional identification requirement.
"First-time voters registered by mail" who provided a valid 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 if a state or local election official can match the driver's
license or social security number with an existing state identification record
bearing the same number, name and date of birth as provided in the
registration. Registration applications arriving in bulk by means other than
the mail 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 additional identification
requirement.
(k)
Polling Site - a location selected by the county board
of election commissioners where votes are cast.9
(l)
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. A candidate may be present at an
absentee ballot processing site to observe and ascertain the identity of
absentee voters for the purpose of challenging any absentee vote. A candidate
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. A candidate may be present in person during
early voting only for the purpose of observing whether or not votes are fairly
and accurately cast.10
(m)
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 at early voting, attending a counting site
or an absentee ballot processing site must present identification, but are not
required to present a Poll Watcher Authorization Form (see Attachment
"C").11
(n)
Poll Worker - an
election official designated by the county board of election commissioners to
be an election clerk, election judge or election sheriff at a polling
site.
(o)
Precinct - the geographical boundary lines dividing a
county, municipality, township, or school district for voting
purposes.12
(p)
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.13 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. An electronic poll book may be used as the
precinct voter registration list.14
(q)
Provisional
Ballot - a ballot cast and/or considered by special procedures to
record a vote when there is some question concerning a voter's eligibility or
compliance with certain constitutional and statutory requirements. Provisional
ballots are counted upon verification of a voter's eligibility or compliance
with those legal requirements.15
(r)
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, a space
for the county clerk's certification of the provisional voter's registration
status, and a space for 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".
(s) Unverified Provisional
Ballot - any ballot which has been cast as a provisional ballot due to the
failure of a voter to verify his or her voter registration under Amendment 51,
§13 when required to do so by law.
(t) Verification of Identity Affirmation -
the signed written statement in which a voter affirms that the voter is
registered to vote in this state and that he or she is the person registered to
vote. If properly executed and included with a provisional ballot, this oath
will cause a vote that has been
cast provisionally to be counted if the vote was cast
provisionally only because the voter failed to verify his or her voter
registration.
(u) Verification of
Voter Registration - The process by which an individual seeking to vote
presents a photo identification to an election official for the purpose of
confirming that the individual physically present at the poll is the same
individual to whose voter registration the vote cast will be credited. Refer to
SBEC Rules for the Verification of Voter Registration for additional
information regarding this process and the meaning of photo identification as
referred to in this process.16
(v) General Provisional Ballot - A ballot
that has been cast as a provisional ballot for any reason other than the voter
was required to verify his or her voter registration under Amendment 51,
§13 and failed to do so.
§
901
Failure to Verify Voter Registration or Provide Voter
Identification
A. Early Voting and
Election Day Voting
A person voting at the poll during early voting or on election
day who did not verify his or her voter registration or, if a resident of a
long-term care or residential care facility licensed by the state, did not
provide documentation from the administrator of the facility attesting that the
person is a resident of the facility, shall be offered a provisional ballot.
However, a first-time voter who registered by mail and has been flagged as
having to comply with additional identification requirements must only comply
with the requirements of A.C.A.
7-5-201(e)(2).
17
B. Additional Identification Requirement for
Flagged First-Time Voters Who Registered by Mail
A first-time voter voting at the polls during early voting or on
election day who was flagged on the precinct voter registration list for
compliance with the additional identification requirement and who did not
provide required identification shall be offered a provisional
ballot.18 Voters that fall into this category are
not required to verify their voter registration under Amendment 51
§13.19 Rather, the voter must provide current
and valid photo identification or a copy of a current utility bill, bank
statement, government check, paycheck, other government document that shows the
name and address of the voter in order to cast a regular ballot. If these
voters fail to provide one of the forms of identification, they will be
required to vote a provisional ballot.20
C. Absentee Voters Generally
The absentee ballot of a voter who fails to verify his or her
voter registration under the requirements of Amendment 51 by submitting a copy
of the required document or identification card pursuant to SBEC Rules for the
Verification of Voter Registration shall be considered as a provisional
ballot.21
D. Absentee Voters that are Flagged
First-Time Voters Who Registered by Mail
The absentee ballot of a first-time voter whose name is flagged
on the precinct voter registration list for additional identification and who
does not submit with the absentee ballot a copy of current and valid photo
identification or a copy of a current utility bill, bank statement, government
check, paycheck or other government document that shows the name and address of
the voter shall be considered as a provisional
ballot.22
§ 902
Precinct Voter Registration
List
A. Voter's Name Missing
When a voter provides his or her name, address, and date of birth
to a poll worker, and the voter's name is not on the precinct voter
registration list, the poll worker must:
1) Contact the county clerk's office to
verify the voter's registration status, and
2) Allow the voter to cast a REGULAR
ballot (if the county clerk informs the poll worker that the voter is
listed as a registered voter of the precinct),23
or
3) Allow the voter to cast a
REGULAR ballot (if the county clerk informs the poll worker that
the voter transferred his or her registration from another county not later
than four (4) days before the election and that the voter is at the correct
poll in the new county of registration),24
or
4) Send the voter
to his or her correct polling site where the voter may cast a REGULAR
ballot (if the county clerk informs the poll worker that the voter is
listed as a registered voter at a different precinct in the county),
or
5) Allow the voter to cast a
PROVISIONAL ballot at the disputed polling site (if the county
clerk informs the poll worker that the voter is listed as a registered voter at
a different precinct in the county, but the voter insists that he or she is at
the correct polling site), or
6)
Allow the voter to cast a PROVISIONAL ballot (if the county clerk
is unable to verify the voter's registration, but the voter contends that he or
she is both registered in the precinct in which he or she desires to vote and
is eligible to vote).25
B. "Voted Absentee" Notation
Upon delivery of an absentee ballot to an individual authorized
to receive an absentee ballot, the county clerk shall mark the electronic voter
registration record and the precinct voter registration list to indicate that
an absentee ballot has been delivered to the voter under the procedures in this
section.26
Any person to whom an absentee ballot is delivered, according to
the precinct voter registration list, but who chooses to vote by early voting
or to vote at his or her polling site on election day, shall be permitted to
cast a provisional ballot at the poll.27
§
903 Poll Watcher Challenges
A. Official Recognition/Credentials
Poll watchers representing a candidate, group, or political party
must file a "poll watcher authorization form" (see Attachment "C") with the
county clerk of the county in which the polling site, absentee ballot
processing site, or counting site is located and present a file-marked copy of
the valid form to the election officials immediately upon entering the polling
site, absentee ballot processing site, and/or counting
site.28
A poll watcher may list multiple sites on one poll watcher
authorization form or write the word "all" in lieu of listing each polling
site, if the poll watcher intends to be a poll watcher at multiple polling
sites in the county.
A candidate may not be present in person at the polls on election
day as a poll watcher. A candidate may be present in person as a poll watcher
during the counting and tabulation of ballots and the processing of absentee
ballots.29
A candidate may be present in person at early voting locations
only for the purpose of observing whether or not votes are fairly and
accurately cast, but a candidate may not challenge voters as a poll watcher
during early voting and may speak only to a designated poll
worker.30 A candidate who is present in person at an
early voting location for the purpose of observing may not speak to voters or
disrupt the orderly conduct of the election. A candidate who is a public
official and who is present in person at an early voting location for the
purpose of observing shall not wear on his or her person any uniform, badge, or
other apparel or equipment that identifies the candidate as a public
official.
A candidate who is present in person at an early voting location
for the purpose of observing or during the counting and tabulation of ballots
and the processing of absentee ballots as a poll watcher is not required to
present a "poll watcher authorization form", but must present some form of
identification to an election official immediately upon entering the
site.
Only one (1) authorized poll watcher per candidate, group, or
party at any one (1) time may be officially recognized as a poll watcher at
each location within a polling site where voters identify
themselves to
election officials and at each location within the absentee ballot processing
site where absentee ballots are
processed.31
Only one (1) authorized poll watcher per candidate or party at
any one (1) time may be officially recognized as a poll watcher at the counting
of ballots at the polling site, central counting location, or absentee ballot
counting location.32
Poll watcher rights and responsibilities must be posted in plain
view at each polling site, absentee ballot processing site, and counting
site.33
B.
Challenges
Authorized poll watchers who are officially recognized at a
polling site may stand close enough to the place where voters check in to vote
so as to hear the voter's name and may challenge an ineligible voter upon
notifying a poll worker of the challenge before the voter signs the precinct
voter registration list and upon completing a "challenged ballot form" (see
Attachment "A").34
A poll watcher may challenge a voter only on the grounds that the
voter is not eligible to vote in the precinct or that the voter has already
voted in the election.35
When election clerks appointed by the county election commission
to process, count, and canvass absentee ballots read the name and voting
precinct of an absentee voter, any qualified poll watcher may challenge the
vote in the same manner provided by law for personal voting challenges, and the
election clerks must consider the absentee ballot as a provisional
ballot.36
§ 904
Court-Ordered
Extension
A person who votes in an election as a result of a federal or
state court order or any other order extending the time established for closing
the polls may vote in the election only by casting a provisional ballot. The
provisional ballots cast as a result of the order must be separated and held
apart from other provisional ballots cast by provisional voters not affected by
the order.37
§ 905
Voting a Provisional
Ballot
A) Provisional ballots cast at
the polls during early voting or on election day for reasons other than the
failure to verify voter registration shall be handled as follows:
1) If as a result of a poll watcher
challenge, the poll watcher must notify a poll worker of the challenge before
the voter signs the precinct voter registration list and must complete a
"challenged ballot form" (See Attachment "A"), and a poll worker must inform
the voter that his or her ballot is being
challenged38
2) If as a result of failure to meet an
identification requirements of a first time voter who did not provide a copy of
his or her photo identification or otherwise satisfy the requirements of
7-5-201, when
that voter registered to vote, a poll worker must inform the voter of the
reason the voter is not allowed to cast a regular ballot.
3) The provisional voter must execute a
written eligibility affirmation under penalty of perjury and in the presence of
the poll worker stating that he or she is both a registered voter in the
precinct in which he or she desires to vote and eligible to vote in the
election.39
4) The poll worker shall initial the back of
the ballot, remove the ballot stub from the provisional ballot, and place the
stub in the stub box provided.40
5) The provisional voter shall mark his or
her ballot.41
6) The provisional voter shall place his or
her voted ballot in a ballot secrecy envelope marked "PROVISIONAL BALLOT" and
seal the envelope (nothing else goes in this
envelope).42
7) The provisional voter shall then place the
sealed ballot secrecy envelope marked "Provisional Ballot," containing his or
her voted provisional ballot in a "provisional voter envelope", seal it, and
give it to the poll worker.43
8) The poll worker must provide the
provisional voter a copy of the notice prescribed in §906
(a).44
9) The poll worker must make and retain a
separate list of the names and addresses of all persons casting a provisional
ballot (see Attachment "B").45
10) The poll worker must preserve, secure,
and separate all provisional ballots from the remaining
ballots46 and forward all sealed "provisional voter
envelopes" in a secured container provided for that purpose to the county board
of election commissioners after the polls close.
11) The county board of election
commissioners will forward, in a secured container, the sealed "provisional
voter envelopes" to the county clerk's office for certification of each
provisional voter's registration status.
12) Upon completion of the certification, the
county clerk returns the secured container of sealed "provisional voter
envelopes" to the county board for determination before certification of the
election results as to whether the provisional ballots are valid and should be
counted.47
B) Provisional ballots cast at the polls
during early voting or on election day because a voter was required to verify
his or her voter registration and failed to do so, shall be handled as follows:
1) The poll worker shall indicate on the
precinct voter registration list that the voter did not present a required
document or identification card.48
2) The poll worker shall notify the voter
that the voter must cast a provisional ballot in that
election.49
3) The provisional voter must execute a
written eligibility affirmation under penalty of perjury and in the presence of
the poll worker stating that he or she is both a registered voter in the
precinct in which he or she desires to vote and eligible to vote in the
election.50
4) The poll worker shall inform the voter
that he or she may complete a Verification of Identity Affirmation which will
allow the voter to affirm he or she is registered to vote in the State of
Arkansas and that he or she is the person who is registered to
vote.51
5) If the voter chose to complete the
Verification of Identity Affirmation, the voter shall sign the affirmation
located on the front of the envelope marked "Provisional Ballot." (see
Attachment "A")
6) The poll worker
shall initial the back of the ballot, remove the ballot stub from the
provisional ballot, and place the stub in the stub box
provided.52
7) The provisional voter shall mark his or
her ballot.53
8) The provisional voter shall place his or
her voted ballot in a ballot secrecy envelope marked "PROVISIONAL BALLOT" and
seal the envelope.54
9) The provisional voter shall then place the
sealed ballot secrecy envelope marked "Provisional Ballot," containing his or
her voted provisional ballot in a "provisional voter envelope" and seal the
envelope.
10) The poll worker must
provide the provisional voter a copy of the notice prescribed in §906
(a)55 and ensure that the provisional ballot
envelope is sealed.
11) The poll
worker must make and retain a separate list of the names and addresses of all
persons casting a provisional ballot (see Attachment
"B").56
12) The poll worker must preserve, secure,
and separate all provisional ballots from the remaining
ballots57 and forward all sealed "provisional voter
envelopes" in a secured container provided for that purpose to the county board
of election commissioners after the polls close.
13) The county board of election
commissioners will forward, in a secured container, the sealed "provisional
voter envelopes" to the county clerk's office for certification of each
provisional voters' registration status.
14) Upon completion of the certification, the
county clerk returns the secured container of sealed "provisional voter
envelopes" to the county board for determination before certification of the
election results as to whether the provisional ballots are valid and should be
counted.58
For an absentee ballot which becomes a provisional ballot, the
absentee ballot canvassing official shall place the absentee ballot materials
in a provisional voter envelope and should check the "Other" box and write the
word "Absentee" next to the box marked "Other" on the form provided on the
provisional ballot envelope (Attachment "A"). The absentee ballot canvassing
official should also indicate the reason for making the absentee ballot
provisional on the form provided on the provisional ballot envelope (Attachment
"A"). When the absentee voter's voter statement is inconsistent with the
absentee ballot return envelope with regard to the identity of a bearer or
agent the absentee ballot canvassing official should write "Inconsistent Bearer
[or Agent]" after the word "Absentee" next to the "Other" box on the
provisional ballot envelope.
When the absentee voter's voter statement is inconsistent with
the absentee ballot application the voter's ballot is not
counted.59
§ 906
Notice to Provisional
Voters
(a) Whenever a person casts a
provisional ballot at the polls during early voting or on election day, the
poll worker must provide the voter a copy of a notice that includes the
following information:
-That the provisional voter will be notified by first class mail
whether his or her vote was counted and the reason if not
counted.60
-The address, telephone number, and regular office hours of the
county clerk;
-An explanation of the provisional voting process;
-An explanation of how a voter who cast a provisional ballot
because the voter failed to verify his or her voter registration and who did
not sign the Verification of Identity Affirmation can return to the clerk or
the county board to verify their voter registration before Monday at noon
following the election.
-The date, time, and address of a hearing for the voter if the
provisional ballot is rejected.
(b) The system that the Secretary of State
has established for provisional voters to be notified whether their ballot was
counted requires written notice mailed first class to the provisional voter by
the county board of election commissioners. Sample notices may be obtained from
the Secretary of State's office. The notice shall include the following:
-A statement whether the provisional ballot was counted or was
not counted;
-If the provisional ballot was preliminarily determined to be
invalid, the reason the ballot was not counted; and
-The date, time, and address of a hearing by the county board
regarding the voter's eligibility to vote in the election.
(c) Access to information about an individual
provisional ballot shall be restricted to the individual who cast the
ballot.61
(d) If the county board determines that a
provisional ballot or an absentee ballot which has been made provisional will
not be counted, the board must send written notice to the voter who cast the
ballot and state the reason or reasons the ballot was not
counted.62
§ 907
Review of Provisional
Ballots
The county board of election commissioners shall determine
whether provisional ballots are valid before certifying the
election.63
Based upon its examination of the "Provisional Voter Eligibility
Affirmation," the "Challenged Ballot Form," if applicable, the "Reason for
Voting Provisional," the county clerk's certification, the "Verification of
Identity Affirmation," if applicable, and any additional information available,
the county board shall make a determination of whether the provisional ballot
was cast by an eligible voter and was the correct ballot for the precinct of
the voter's residence according to the precinct listed on the voter's
eligibility affirmation or the registration address of the absentee
voter.64
If the county board makes an initial determination that the
provisional ballot will not be counted, the county board must notify the
provisional voter of the reason for rejecting the provisional voter's ballot
and of the date, time, and place for a hearing and other information as
provided in these rules before a final determination is
made.65
A)
Procedures for the review of General Provisional Ballots
When reviewing the provisional ballot cast at the polls by a
flagged first-time voter who registered by mail and did not meet the additional
identification requirement when registering or voting, the county board should
not base its initial determination of whether to count the ballot solely on the
provisional voter's failure to meet the additional identification requirement.
The provisional ballot should be rejected if there is a determination,
independent of the failure to meet the additional identification requirement
that the person who voted is not eligible to vote in the precinct.
When reviewing the provisional absentee ballot of a flagged first
time voter who registered by mail and did not meet the additional
identification requirement when registering or voting, the county board should
not base its initial determination of whether to count the ballot solely on the
provisional voter's failure to meet the identification requirement. The
provisional ballot of a flagged first time voter should be rejected if the
voter failed to provide the required identification and there is a
determination independent of the failure to meet the identification requirement
that the person who voted is not eligible to vote in the precinct or that the
person failed to meet any of the other statutory requirements that would cause
a voter's absentee ballot to be rejected.66
When reviewing the provisional ballot of any person who was
delivered an absentee ballot according to the precinct voter registration list,
but then chose to cast a provisional ballot at an early voting or election day
polling site, the county board shall:
1) Count the voter's absentee ballot rather
than the provisional ballot cast at the polling site, if the absentee ballot
was returned and processed for counting on election day before the time of
counting provisional ballots, or
2) Count the voter's provisional ballot cast
at the polling site, if the voter's absentee ballot was not returned or was not
processed for counting on election day by the time of counting provisional
ballots.
B) Procedures
for the review of all Unverified Provisional Ballots
When reviewing a ballot of an unverified provisional voter, the
county board shall determine whether the voter executed a Verification of
Identity Affirmation. An unverified provisional ballot that is accompanied by a
Verification of Identity Affirmation shall be counted when the county board
makes its initial determination so long as there is no additional reason,
unrelated to the verification of the voter's registration, that would also
cause the ballot to be treated as
provisional.67
Unverified provisional ballots that were cast at the poll or cast
as absentee ballots and are not accompanied by a Verification of Identity
Affirmation will not be counted at the time the county board makes its initial
determinations.
The county board shall review the unverified provisional ballots
that were not accompanied by a Verification of Identity Affirmation after 12:00
noon on the Monday following the election in order to determine whether the
persons who cast each ballot returned to either the county clerk or the county
board in order to verify his or her voter registration. If, at this time, the
board determines that the voter who cast the unverified provisional ballot did
return to the county board or county clerk before 12:00 noon on the Monday
following the election and the county board determines there are no other
grounds that would cause the ballot not to be counted then the ballot shall be
counted.
68
If the county board determined that the voter who cast an
unverified provisional ballot failed to execute a Verification of Identity
Affirmation at the time the ballot was cast at the poll or, in the case of an
absentee ballot, when the ballot was returned to the county clerk and also
failed to return to the county clerk or county board before 12:00 noon on the
Monday following the election to verify his or her voter registration, that
ballot shall not be counted.69
The county board, through at least one of its members, must
attest to the disposition of each provisional ballot, stating:
1) Whether or not the ballot was counted,
and
2) If rejected, the reason for
not counting the ballot.
The county board shall notify each provisional voter by first
class mail as to whether or not his or her provisional ballot was
counted.
§
908
Hearing
Provisional voters who cast a general provisional ballot shall be
allowed to appear before the county board to contest the county board's initial
decision to disqualify their ballots and to present evidence that they were
registered to vote and voted the correct ballot for the precinct of their
residence. (Provisional voters who cast unverified provisional ballot must
satisfy the requirements of Amendment 51 and this rule in order to have their
ballot counted.)
If these provisional voters do not appear for a hearing or
otherwise provide satisfactory evidence of their registration, then the ballot
shall not be counted.
The commission then completes the election commission's portion
of the list of provisional voter's form (see Attachment "B"), and all records
are preserved in accordance with the laws governing preservation of ballots and
election materials.
The process of hearing and final decision must be completed by
the deadline to certify the election results.
§ 909
Counting Provisional
Ballots
Unless enjoined by a court of competent jurisdiction, a general
provisional ballot shall be counted if no other grounds exist that would cause
the ballot to not be counted as an unverified provisional ballot and:
1) It is cast by a registered voter and is
the correct ballot for the precinct of the voter's residence according to the
precinct listed on the voter's eligibility affirmation; or
2) It is an absentee ballot and the county
board determines that the voter is eligible to vote in the precinct and has met
all other statutory requirements necessary for an absentee ballot to be
counted.70
Unless enjoined by a court of competent jurisdiction, an
unverified provisional ballot shall be counted if no other grounds exist that
would cause the ballot to not be counted as a general provisional ballot
and:
1) The voter executed a
verification of identity affirmation at the time the voter cast his or her
ballot at the poll or returned a verification of identity affirmation with his
or her absentee ballot; or
2) The
voter returns to the county clerk or county board of election commissioners
before 12:00 noon on the Monday following the election and verified his or her
voter registration.71
In counting provisional ballots, the county board must ensure the
secrecy of the ballot pursuant to Amendment 81 of the Arkansas
Constitution.
Provisional ballots are counted as follows:
1) the commission, through at least one of
its members, either completes the election commission's portion of the list of
provisional voters form from each precinct (see Attachment "B") or attests to a
comprehensive list that shows the disposition of each provisional ballot in the
election,
2) an election official
opens the outer "provisional voter envelope" (see Attachment "A") for those on
the list marked to be counted (see Attachment "B"),
3) the election official removes the sealed
inner ballot secrecy envelope marked "PROVISIONAL BALLOT" containing the
provisional voter's voted ballot,
4) the election official places the sealed
inner ballot secrecy envelope marked "PROVISIONAL BALLOT" containing the
provisional voter's voted ballot in a ballot box provided for that
purpose,
5) when all of the outer
"provisional voter envelopes" have been opened and all of the sealed inner
ballot secrecy envelopes are placed in the ballot box, the election official
shakes the ballot box thoroughly to mix the sealed envelopes containing the
provisional ballots,
6) the ballot
box is then opened, the secrecy envelopes containing the voted provisional
ballot opened, and the provisional ballots canvassed and counted, and
7) all records are preserved in accordance
with the laws governing preservation of ballots and election
materials.
§ 910
Prosecuting Attorney
Following each election, the county board of election
commissioners may review the precinct voter registration lists for voters not
providing identification at the polls and forward the information to the
prosecuting attorney for investigation of possible voter
fraud.72
If, upon examination of any provisional ballot, the county board
suspects that a violation of election laws has occurred, the county board may
refer the matter to the prosecuting attorney for that
county.73
§ 911
Preliminary and Unofficial
Results
The processing and counting of provisional ballots, including
hearings, shall not delay the declaration of preliminary and unofficial results
required by Arkansas Code Annotated §
7-5-701.
When reporting preliminary and unofficial results, the county board of election
commissioners should also report the number of uncounted provisional ballots
pending review and the number of outstanding overseas absentee ballots.
§ 912
Official
Certified Results
The official certified results of the election shall include the
votes cast on all provisional ballots that were determined by the county board
of election commissioners to be valid.
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1 A.C.A. §§
7-5-414(a);
7-5-416(a)(1)
2 A.C.A. §
7-1-101
3 A.C.A. §
7-4-102(a)
4 A.C.A. §
7-5-414
5A.C.A. §
7-1-101
6A.C.A. §§
7-1-101;
7-5-107
7A.C.A. §
7-5-308
8A.C.A. §§
7-1-101;
7-5-201(e)
9A.C.A. §
7-1-101
10 A.C.A. §§
7-5-312;
7-5-316(a);
7-5-413(d);
7-5-416(a)(4);
7-5-527(b);
7-5-615(a)
11 A.C.A. §
7-5-312(d),(e)
12 A.C.A. §
7-1-101
13A.C.A. §
7-5-107
14 A.C.A. §§
7-5-110;
7-5-107(a)(2)
15 Ark. Const, amend. 51, §13;
A.C.A. §§
7-1-101;
7-5-304(c);
7-5-306(b);
7-5-308;
7-5-312(h);
7-5-412(b);
7-5- 416(b)(1)(F)(iii);
7-5-417(a);
7-5-418(d)
16A.C.A. §
7-1-101(38)
17Ark. Const, amend. 51, §13;
A.C.A. §
7-5-201(e)
18 A.C.A. §§
7-5-201(e)(1)(A);
7-5-305(8)(B)(iii)
19Ark. Const, amend. 51, §13
(b)(6)
20 A.C.A. §
7-5-201(e);
7-5-305(8)(B)(iii)
21 Ark. Const, amend. 51,
§13(b)(3)
22A.C.A. §
7-5-201(e)(1)(B)
23 A.C.A. §
7-5-306(a)
24 Ark. Const, amend. 51,
§10
25 A.C.A. §§
7-5-306(b);
7-5-418(d)
26 A.C.A. §
7-5-409(g)
27 A.C.A. §§
7-5-201(f);
7-5-305(a)(11);
7-5-411(b)
28 A.C.A. §
7-5-312(d)
29 A.C.A. §
7-5-312(a)(1),(e)
30A.C.A. §
7-5-413(d)
31 A.C.A. §
7-5-312(b),(e)
32 A.C.A. §
7-5-312(c),(e)
33 A.C.A. §
7-5-312(f)
34 A.C.A.§
7-5-312(e),(g),(h)
35 A.C.A. §
7-5-312(g)
36 A.C.A. §§
7-5-414;
7-5-417(a)
37 A.C.A. §
7-5-304(c)
38A.C.A. §§
7-5-308(a)(1);
7-5-312(e),(h)
39 A.C.A. §
7-5-308(a)(2)
40A.C.A. §
7-5-308(a)(3)
41 A.C.A. §
7-5-308(a)(4)
42 A.C.A. §
7-5-308(a)(5)
43A.C.A. §
7-5-308(a)(6)
44 A.C.A. §
7-5-308(a)(7)
45A.C.A. §
7-5-308(a)(8)
46 A.C.A. §
7-5-308(c)
47 A.C.A. §§
7-5-308(e)(1);
7-5-417(c)
48 A.C.A. §
7-5-308(b)(1)
49 A.C.A. §
7-5-308(b)(2)
50 A.C.A. §
7-5-308(b)(3)
51 A.C.A. §
7-5-308(b)(4)
52 A.C.A. §
7-5-308(b)(5)
53 A.C.A. §
7-5-308(b)(6)
54 A.C.A. §
7-5-308(b)(7)
55 A.C.A. §
7-5-308(b)(9)
56 A.C.A. §
7-5-308(b)(10)
57A.C.A. §
7-5-308(c)
58 A.C.A. §§
7-5-308(e)(1);
7-5-417(c)
59A.C.A. §
7-5-416(b)(1)(F)(ii)
60 A.C.A. §
7-5-902
61 A.C.A. §
7-5-308(d)(3)
62 A.C.A. §
7-5-902
63 A.C.A. §
7-5-308(e)(1)
64 A.C.A. §
7-5-308(e)(2)
65
Dotson v. Richey,
211 Ark. 789 (1947)
66A.C.A. §§
7-5-412(a)(2),
(d);
7-5-308(e)(2)
67Ark. Const, amend. 51, §13(b);
A.C.A. §
7-5-308(f)
68Ark. Const, amend. 51, §13(b);
A.C.A. §
7-5-308(f)
69Ark. Const, amend. 51, §13(b);
A.C.A. §
7-5-308(f)
70 A.C.A. §
7-5-308(e)(2)
71Ark. Const, amend. 51, §13(b)
72A.C.A. §
7-5-305(a)(8)(B)(iv)
73A.C.A. §
7-5-308(g)
