Current through Register Vol. 49, No. 9, September, 2024
1.00
TITLE
1.01 These rules shall be
known as the Rules on Vote Centers.
2.00
AUTHORITY AND PURPOSE
2.01 These rules are promulgated pursuant to
Act 1389 of 2013.
2.02 The purpose
of these rules is to designate equipment, and establish standards and
procedures for Arkansas counties choosing to implement the optional Vote
Centers.
2.03 Nothing in these
rules shall be interpreted to require counties to use Vote Centers. These rules
shall only be applicable to Arkansas counties that use Vote Centers on election
day.
3.00
DEFINITIONS
3.01
County
Clerk - As used in these rules, the County Clerk is the official elected
by the voters of a county to serve as County Clerk or a member of his or her
staff.
3.02
County Board of
Election Commissioners or CBEC - As used in these rules,
CBEC means the board of election commissioners elected by county committees as
prescribed by Ark. Code Ann. §
7-4-102.
3.03
Electronic Poll Book -
Electronic Poll Book means 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, including a Vote Center, on election day. At the county's
discretion, and if technology allows, the county may choose to use i Power
Profile software as their Electronic Poll Book.
3.04
Equipment- As used in
these rules, Equipment means any mechanical or electronic equipment, for the
purposes of the verification of voter registration records, or the direct
recording and tabulation of votes. Such Equipment shall include, but not be
limited to Electronic Poll Books and Voting Machines.
3.05
Precinct- Precinct means a
geographical area, the boundaries of which are determined by a County Board of
Election Commissioners in order to facilitate voting by the registered voters
from that geographical area.
3.06
Secure Electronic Connection- As used in these rules, a Secure
Electronic Connection is an electronic connection between a county's
centralized voter registration records and Electronic Poll Books in a polling
location, including Vote Centers, that prevents an elector from voting more
than once in a single election and prevents unauthorized access to the
computerized voter registration records maintained by the County
Clerk.
3.07
Vote
Center- Vote Center means an election day voting location designated by
the County Clerk or County Board of Election Commissioners at which a qualified
elector from any Precinct in the county holding the election may
vote.
3.08
Voting
Machine(s)- As used in these rules, a Voting Machine means:
A direct-recording electronic Voting Machine that:
a) Records votes by means of a ballot display
provided with mechanical or electro-optical components that might be actuated
by the voter;
b) Processes the data
by means of a computer program;
c)
Records voting data and ballot images in internal and external memory
components; and
d) Produces a
tabulation of the voting data stored in a removable memory component and on a
printed copy.
4.00
ESTABLISHMENT OF VOTE
CENTERS
4.01 The County Board of
Election Commissioners or County Clerk may only establish one (1) or more Vote
Centers in the county on election day in accordance with A.C.A. §
7-1-113 and A.C.A.
§
7-5-101
(requiring a local ordinance by the Quorum Court).
4.02 Before establishing a Vote Center, and
at least thirty (30) days before early voting begins, the County Clerk or
County Board of Election Commissioners shall submit a written plan to the
Secretary of State for operation of one (1) or more Vote Centers within their
county on election day. The plan shall address each of the issues raised in
Sections 5 through
14 of these Rules and the
following listed items:
1. Physical location
of each polling location, including Vote Centers, to be used by the county on
election day. Indicate whether each location meets ADA requirements and whether
the location adequately allows the voter to personally and secretly execute his
or her vote.
2. Description of the
Equipment to be used to verify voter registration status at each polling
location, including Vote Centers. The description must also include the number
of Poll Books, laptops, or other electronic devices to be used to verify voter
registration status at each polling location, including Vote Centers.
3. Description of the Equipment to be used at
each polling location, including Vote Centers, for recording or tabulating
votes cast. Include the specific number of Voting Machines, printers, counting
devices or other electronic devices used to record or tabulate votes cast at
each polling location, including Vote Centers. The description must also
include the total number of ADA compliant voting machines that are to be used
at each polling location, including Vote Centers.
4. Description of the Secure Electronic
Connection available at each polling location, including Vote
Centers.
5. Method for having
available printed and pre-numbered ballots for every Precinct ballot style in
the county, as well as a display of two (2) samples of each ballot posted on
the walls at each polling location, including Vote Centers.
5.00
EQUIPMENT
(VOTING MACHINES)
5.01 All Voting
Machines used in a Vote Center must have the capacity to hold every ballot
style available in the county and still report results by Precinct. If a county
wishes to use a Vote Center for a preferential primary, the Voting Machines
must have the capacity to hold and tablulate every ballot style for each
primary and nonpartisan election available in the county for that
election.
5.02 The written plan
from the county, which is submitted to the Secretary of State, must include the
total number of Ivotronics and all other Voting Machines available for use in
the county. The plan must also include the county plans for auditing the
results of an election, prior to certification, to assure all media and paper
ballots have been properly accounted for and tabulated. The plan must outline
the use of, and accounting for, all electronic media used in the election. The
plan must also describe the care, handling and tracking of those devices due to
equipment limitations.
5.03 The
plan should indicate the number of machines used for early voting and whether
those machines will be used on election day. The plan must also include the
number of Ivotronics or other Voting Machines available for election day
polling locations (including Vote Centers). If the Vote Center is operated by
the County Clerk, in accordance with the local ordinance, include the proposed
agreement between the CBEC and the County Clerk authorizing use of voting
Equipment by the County Clerk on election day. If the Vote Center is operated
by the County Clerk, also include the plan by the County Board of Election
Commissioners for delivery and receipt of ballots in compliance with A.C.A.
§
7-5-211(a)(1)(B),
which prohibits the County Clerk or his/her deputy from receiving the ballots
for election day voting.
5.04 The
following must also be included in the written plan:
# of Ivotronics and other Voting Machines available in
county
# of current polling locations on election day
# of Ivotronics or other Voting Machines currently used in each
polling location on election day
# of current registered voters assigned to each polling location,
including the number of active and inactive voters assigned to each polling
location
# who voted at each polling location on election day for past two
(2) statewide preferential primaries and statewide general elections
# of paper ballots used at each polling location on election day
for past two (2) statewide preferential primaries and statewide general
elections
County's projection of number of electors who will vote at each
polling site, including Vote Centers, on election day. Include projections for
preferential primary elections and general elections.
Proposed assignment of voting machines for each polling location
in the county (including Vote Center(s)). Maximum number of cast ballots stored
on a machine must allow for voter turnout, and must be able to report ballots
by Precinct. It is suggested that there be one (1) direct recording electronic
voting machine (DRE) or Ivotronic machine available for every 250 registered
voters and any variation must be described in the county's proposed plan.
Outline how the county intends to address potential limitations of electronic
media used in the election.
Proposed number of paper ballots for each ballot style for each
polling location in the county (including Vote Center(s)).
Proposed assignment of electronic devices for scanning paper
ballots that have been marked by voters that will be used at each polling
location, including Vote Centers (i.e. M100 or 650). If more than one (1)
device will be used at any polling location, including a Vote Center, include
that information.
Proposed plan for tabulating votes cast at all polling locations,
including Vote Centers. Indicate whether votes cast at a Vote Center will be in
a separate reporting group or will be included in precinct-based election day
results.
Number of Voting Machines not assigned to any specific polling
location on election day but which would be available for use in case of an
emergency or high voter turnout at one or more Vote Centers.
6.00
EQUIPMENT (VERIFYING
REGISTRATION RECORDS)
6.01 If a county
chooses to operate one (1) or more Vote Centers on election day, an Electronic
Poll Book or other electronic device must be used in all polling locations on
election day to verify the registration of potential voters and to prevent an
elector from voting more than once. The Electronic Poll Book or other
electronic device must be capable of instantaneously updating voter information
at a central location, and, between all polling locations on election day, to
prevent an individual elector from voting more than once.
6.02 The written plan from the county, which
is submitted to the Secretary of State, must identify, describe, and provide
the specifications for the Equipment that the county will use for these
purposes. At the Secretary of State's discretion, the county may be required to
demonstrate the Equipment to Secretary of State's staff.
6.03 The written plan from the county, which
is submitted to the Secretary of State must include the number of Electronic
Poll Books or other electronic devices for verifying registration records that
will be used in each polling location, including Vote Centers.
7.00
MAINTENANCE AND USE OF
EQUIPMENT
7.01 The following standards
shall apply for maintenance of the Equipment in a Vote Center:
A. Counties shall ensure that the Equipment
is properly maintained with current and up to date firmware and software, and
used within manufacturer's suggested tolerances.
B. Equipment used in Vote Centers is subject
to the same standard maintenance procedures for all voting systems in the State
of Arkansas.
C. If required for
maintenance, error with Equipment, or break down of any Equipment, a vendor or
certified technician may perform maintenance on any Equipment as needed. Any
maintenance needed on election day must be authorized by the County Board of
Election Commissioners.
7.02 The following standards shall apply for
use of the Equipment in a Vote Center:
A.
Counties shall allow only trained personnel to operate or maintain any of the
Equipment in a Vote Center.
B. All
electronic or mechanical Equipment is for official use by the County Clerks if
designated to operate a Vote Center or conduct early voting, or the County
Board of Election Commissioners or other designated county personnel.
C. Equipment shall be used only for
performance of official election duties. No personal use of Equipment is
authorized.
8.00 TESTING AND BACKUP OF EQUIPMENT
8.01 Equipment used at the Vote Center shall
be properly tested and backed up.
8.02 All Voting Machines used at a Vote
Center shall be tested in accordance with Arkansas law for testing of voting
machines used at other polling locations. All statutory deadlines for public
testing of the machines and logic & accuracy testing of the machines shall
be followed for Equipment used at Vote Centers. All direct recording electronic
voting machines (DRE) shall be equipped with a voter-verified paper audit
trail. The county shall provide sufficient supplies for operation of the voting
systems including adequate paper for use of the voter-verified paper audit
trail.
8.03 All Equipment used to
verify the registration of potential voters shall be tested at least seven (7)
days prior to the start of early voting. The county shall put sample data on
each of the devices during testing to ensure that the device is capable of
holding all of the data. The county shall also test the electronic connection
at each polling location, including Vote Centers, at least seven (7) days prior
to the start of early voting. During the testing of the electronic connection,
the county shall update voter information at least three (3) times to ensure
that data is capable of being received at the central location and subsequently
verified at each polling location, including Vote Centers.
9.00 SECURE ELECTRONIC CONNECTION
9.01 Act 1389 of 2013 requires that counties
desiring to utilize one (1) or more Vote Centers have a sufficient Secure
Electronic Connection which prevents:
a) An
elector from voting more than once; and
b) Unauthorized access to a computerized
registration book maintained by the County Clerk.
If a Vote Center is used in an election, the Vote Center shall
have a Secure Electronic Connection to provide and receive voting information
to and from the computerized voter registration records maintained by the
County Clerk.
The Secure Electronic Connection must allow live streaming of
information, to and from the Vote Center, and to and from every other polling
location, so that double voting is not allowed.
9.02 If the county is using one (1) or more
Vote Centers, every polling location, including the Vote Centers, must have
high speed internet (T-l, DSL, or Cable Modem) available within 300 feet of the
room where voting will occur in order to allow live updates of Electronic Poll
Books and/or any other Equipment used to verify the registration of potential
voters, to prevent an elector from voting more than once in that election. In
the plan submitted to the Secretary of State, include a description of the
Electronic Connection used in every polling location, including Vote Centers.
Such description shall also include what type of network, if any, is
used.
9.03 All information
transmitted to or from the county voter registration system to an Electronic
Poll Book or other electronic system designated by the county to verify voter
registration shall be secure. In the plan submitted to the Secretary of State,
the county shall identify the measures to be taken to ensure that there is
sufficient security. At a minimum:
1) The
county shall have a plan for restricting access to the Electronic Poll Books
including a login/password plan.
2) All data transfers shall meet, at a
minimum, at least one (1) single-layer security protocol and requirements as
may be designated by the Secretary of State from time to time.
10.00
ELECTRONIC/INTERNET SYSTEM FAILURE
10.01 Since polling locations, including Vote
Centers, rely heavily on electronic connectivity, each county must have a
specific plan for voting should there be a failure of the primary electronic
system or internet connectivity.
10.02 At a minimum, the county plan must meet
the following standards:
Back-up for at least twelve (12) hours of operation for all
Equipment. Batteries, a generator, or other appropriate devices may be used for
back-up.
A wifi "hot-spot" back-up card/connection for each piece of
Equipment requiring internet connectivity
Telephone, either land-line or cell phone, for each poll worker
using an Electronic Poll Book in order to contact the County Clerk's office to
verify voter registration in the event of electronic system failure or other
internet connectivity issues.
List of land-line or cell phone numbers for each polling site in
the county, including Vote Centers, in order to contact other polling sites to
verify an elector has not previously voted.
Paper copy of the precinct voter registration list. A Vote Center
must have a paper copy of the precinct voter registration list for all
Precincts within the county. As an alternative, a Vote Center can have a blank
Precinct voter registration list for voters to complete and sign if the Vote
Center also has the following:
1) A
complete list of all names of registered voters in the county in alphabetical
order and with Precinct designated; and
2) Individual 'sign-in" sheets for voters to
complete requiring the voter's address, Precinct, date of birth and signature.
The county plan shall address each of the items mentioned above
and should include any additional steps the county will take if there is an
electronic system or internet connectivity failure.
11.00
NOTIFICATION TO VOTERS
11.01 County
shall submit in writing to the Secretary of State, its plan for educating
voters on the availability of Vote Center(s). If, as part of its plan, the
county eliminates certain polling locations, the plan shall include information
on how voters will be notified of the polling locations that are closed. The
plan shall include, but not be limited to, direct mailings to voters, media and
signage at current and former polling locations.
11.02 All changes shall be subject to
publication and notification requirements found in A.C.A. §
7-5-101.
12.00
ORDINANCE REQUIRED
12.01 When the plan submitted to the
Secretary of State is approved and the County Clerk has certified to the
Secretary of State and the County Quorum Court that the county has sufficient
Secure Electronic Connections at each polling location to meet the requirements
of A.C.A. §
7-5-101(e)(1)(A),
the county may adopt an ordinance to establish one (1) or more Vote
Centers.
12.02 A copy of the
ordinance shall be filed with the County Clerk, the County Board of Election
Commissioners, and the Secretary of State.
12.03 An ordinance must be approved by the
County Quorum Court and a copy filed with the County Clerk, the County Board of
Election Commissioners, and the Secretary of State before a county may operate
a Vote Center.
13.00
PROVISIONAL BALLOTS
13.01 If a
potential voter seeking to cast his or her ballot at a Vote Center is not
listed in the county voter registration files, the registration cannot be
verified by the county clerk or election official and the voter contends that
he or she is eligible to vote, the voter shall be given a Provisional
Ballot.
13.02 A Vote Center must
have Provisional Ballots available for all Precincts in the county and copies
of all ballots must be posted on the wall as sample ballots as required by
law.
14.00
CHANGE
OF VOTE CENTER LOCATION
14.01 Except
for school elections under A.C.A. §
6-14-106,
a Vote Center location for each election shall be the same as that established
for the immediately preceding general election unless changed by order of the
County Board of Election Commissioners.
14.02 The County Board of Election
Commissioners shall not change a Vote Center location less than thirty (30)
days before an election except in the event of an emergency.
14.03 Notice of a change made to a Vote
Center location shall be posted at the Vote Center location used in the last
election, and except for school elections and special elections, the notice
shall be published in a newspaper of general circulation in the county at least
fifteen (15) days before the election.
15.00
UPDATING COUNTY PLAN
15.01 Prior to March 15 of each even-numbered
year, a county shall submit a revised written plan to Secretary of State for
operation of Vote Centers within the county.
