Arkansas Administrative Code
Agency 116 - SECRETARY OF STATE
Rule 116.00.17-001 - Rules on Verification of Voter Registration Cards
Universal Citation: AR Admin Rules 116.00.17-001
Current through Register Vol. 49, No. 9, September, 2024
1.00 TITLE
1.01 These rules shall be known as the Rules
on Verification of Voter Registration Cards.
2.00 AUTHORITY AND PURPOSE
2.01 These rules are promulgated pursuant to
Act 633 of 2017.
2.02 The purpose
of these rules is to provide procedures for the issuance of a Verification of
Voter Registration Card and implementation of a program facilitating
Verification of Voter Registration by voters.
3.00 DEFINITIONS
3.01 Application - As used in these rules,
Application means an Application for a Verification of Voter Registration
Card.
3.02 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.
3.03 Verification of Voter Registration:
(1) A document or identification card that
meets all of the following conditions:
(a)
Shows the name of the person to whom the document or identification card was
issued;
(b) Shows a photograph of
the person to whom the document or identification card was issued;
and
(c) Is issued by the United
States, the State of Arkansas, or an accredited postsecondary educational
institution in the State of Arkansas; and
(d) If displaying an expiration date, the
document or card is not expired or expired no more than four (4) years before
the date of the election in which the person seeks to vote.
(2) Documents or identification
cards that comply with the above requirements in 3.03 (1) for verification of
voter registration, may include, without limitation, the following:
(a) A driver's license;
(b) A photo identification card;
(c) A concealed handgun carry
license;
(d) A United States
passport;
(e) An employee badge or
identification document issued by an accredited postsecondary educational
institution in the State of Arkansas;
(f) A United States military identification
document;
(g) A public assistance
identification card if the card shows a photograph of the person to whom the
document or identification card was issued; and
(h) A Verification of Voter Registration Card
as provided under Ark. Code §
7-5-324.
3.04 Verification of
Voter Registration Card - Card issued by a County Clerk in Arkansas in
compliance with the requirements of Act 633 of 2017 and these Rules.
4.00 EQUIPMENT AND TRAINING
4.01 The Secretary of State
will provide to the County Clerk the equipment, software and training needed
for producing Verification of Voter Registration Cards.
4.02 The equipment, software, and training
may be provided prior to the effective date of these Rules to allow a County
Clerk to begin issuing Verification of Voter Registration Cards.
5.00 ELIGIBILITY
5.01 A Verification of Voter Registration
Card shall be issued by the County Clerk to an applicant who meets the
following requirements:
1. Does not have
another valid form of Verification of Voter Registration; and
2.
a. Is
registered to vote in the county where he or she is submitting the Application;
or
b. Will be at least eighteen
(18) years of age at the next election and has submitted a voter registration
application that has been received and processed by the County Clerk to whom he
or she is submitting the Application.
5.02 The applicant shall sign an affidavit
that he or she does not possess a valid form of identification meeting the
criteria set forth in Arkansas Constitution, Amendment 51, §
13.
6.00 APPLICATION
6.01 Applicant shall use the form designed
and published by the Secretary of State to request a Verification of Voter
Registration Card.
6.02 The
Secretary of State shall post a copy of the Application on its website and
shall make a copy of the Application available upon request. The Secretary of
State shall also provide a copy of the Application form to each of the
seventy-five (75) County Clerks in the State of Arkansas.
6.03 The Application for a Verification of
Voter Registration Card may request the following information from an
applicant:
(a) Full legal name
(b) Residential street address where the
applicant is registered to vote
(c)
Date of Birth
(d) Gender
(e) Height
(f) Eye Color
6.04 The Application shall include an
Affidavit that he or she does not possess a card or document that would qualify
as Verification of Voter Registration as defined in the Arkansas Constitution,
Amendment 51, §
13. The Affidavit shall
specifically include the definition of Verification of Voter
Registration.
6.05 The Application
shall include sufficient space for the County Clerk to record what type of
document(s) were presented by the applicant to demonstrate his or her
identity.
7.00 VERIFICATION BY COUNTY CLERK
7.01 The
County Clerk shall require the following before issuing a Verification of Voter
Registration Card:
(a) Completed Application;
and
(b) Signature of the applicant
on the Affidavit swearing or affirming that the applicant does not possess any
document or card that could be considered Verification of Voter Registration
under Arkansas Constitution, Amendment 51, §
13.
7.02 The County Clerk shall require the
presentation and verification of the following information before issuing a
Verification of Voter Registration Card:
(a) A
photo or non-photo identity document which includes both the applicant's full
legal name and date of birth;
(b)
Documentation showing the applicant's name and residential address;
and
(c) Evidence that the applicant
is registered to vote in the county where he or she is submitting the
Application, or will be at least eighteen (18) years of age at the next
election and has submitted a voter registration application that has been
received by the County Clerk to whom he or she is submitting the Application
for a Verification of Voter Registration Card.
7.03 Identity documents, as required in
Section 7.02(a) above,
must include both the applicant's full legal name and date of birth. Documents
satisfying the requirement of an identity document may include, but are not
limited to, any of the following:
(a)
Original birth certificate or certified copy of a birth certificate;
(b) Copy of Marriage License
Application;
(c) Copy of
Applicant's State or Federal Tax Return filed for the previous calendar year,
with Affidavit of authenticity from taxpayer;
(d) Paycheck or paycheck stub bearing the
imprinted names of the applicant and the applicant's employer;
(e) An original Medicare or Medicaid
statement received by the applicant;
(f) An original annual social security
statement received by the applicant for any of the current or preceding four
calendar years;
(g) Certified
school record or transcript for the current or preceding calendar
year;
(h) Naturalization
documentation; or
(i) DD-214 form
issued by the federal government to members of the military.
7.04 Documentation showing the
applicant's name and residential address, as required in in Section
7.02(b) above
may include, but are not limited to, any of the following:
(a) Utility, cable, internet, or satellite
television bill issued within the last sixty (60) days;
(b) Bank statement issued within the last
sixty (60) days;
(c) Copy of
Applicant's State or Federal Tax Return filed for the previous calendar year
with Affidavit of authenticity from taxpayer;
(d) Currently valid residential rental
contract or receipt for payment made within the last sixty (60) days for
residential rent payments, which includes name of landlord;
(e) Homeowners' insurance policy or bill for
the current or preceding calendar year;
(f) Mortgage, payment coupon, deed, or
property tax bill for the current or preceding calendar year;
(g) Personal property tax bill for the
current or preceding calendar year;
(h) Current automobile registration receipt; or
(i) W-2 issued by applicant's employer for
the preceding calendar year.
7.05 The County Clerk shall verify that the
legal name, date of birth, and residential address on the documents provided as
described in Sections
7.02,
7.03 and
7.04 above, match the name, date
of birth and address on the voter registration record.
7.06 The County Clerk shall record on the
Application submitted by the voter the type of document(s) that were presented
by the applicant to demonstrate his or her identity.
7.07 If the applicant submits a voter
registration application on the same day that he or she requests a Verification
of Voter Registration Card, the County Clerk shall process the voter
registration application in their routine manner to allow for validation of the
voter registration information. The Verification of Voter Registration Card
shall not be prepared until the Clerk has processed the voter registration
application. The Verification of Voter Registration Card may be provided in
person or mailed to the mailing address contained on the voter registration
application.
8.00 FEE
8.01 No fee or charge shall be requested or
collected for the Application for, or issuance of, a Verification of Voter
Registration Card, nor for any required Affidavit. The County Clerk shall not
require or accept payment for a Verification of Voter Registration
Card.
9.00 INFORMATION ON CARD
9.01 A Verification
of Voter Registration Card shall contain the following information for the
voter applying for the card:
(a) Applicant's
full legal name; and
(b) Registrant
ID number from the electronic voter registration system maintained by the
County Clerk.
9.02 A
Verification of Voter Registration Card shall also contain the following:
(a) The name of the County issuing the
card;
(b) The date of
issuance;
(c) Color photograph of
the voter applying for the card; and
(d) A statement establishing that the card is
valid only for voting purposes.
9.03 If permitted by the software provided by
the Secretary of the State, the Verification of Voter Registration Card shall
contain the following:
(a) A silhouette or
outline of the County issuing the card;
(b) A copy of the signature of the County
Clerk;
9.04 The back of
the card shall include information on where to return the card if it is found
after being stolen, lost, or misplaced.
10.00 EXPIRATION
10.01 The Verification of Voter Registration
Card shall remain valid as long as the person resides in the same county in
which the Verification of Voter Registration Card was issued and remains
registered to vote. If the voter moves to a different county, the voter must
either:
(a) Return the Verification of Voter
Registration Card to the County Clerk in which the card was issued upon the
submission of a change in registration form; or
(b) Turn the Verification of Voter
Registration Card into the County Clerk of his or her new residence, upon
submission of change of registration form.
10.02 The Clerk shall return the "old"
Verification of Voter Registration Card to the County Clerk's Office that
issued the card.
10.03 If the voter
moves out of the State of Arkansas, the voter shall return the Verification of
Voter Registration Card to the County Clerk from which the card was
issued.
11.00 PHOTOGRAPHS
11.01 Each Verification of
Voter Registration Card shall include a color photograph of the voter applying
for the card taken at the time of issuance. Absent the application of
subsections
11.02,
11.03, and
11.04, below, the photograph
shall be taken without sunglasses, hat, headgear or other device that disguises
or otherwise conceals the face or head of the applicant.
11.02 A waiver may be granted by the County
Clerk allowing the applicant to wear headgear or a head covering for medical or
religious purposes so long as the face is not disguised or otherwise
concealed.
11.03 Any waiver granted
pursuant to Section
11.02 above, must be in writing,
and signed by the County Clerk. The waiver must be attached to the Application
and remain in the County Clerk's files with the voter's Application for a
Verification of Voter Registration Card. Any such wavier is not transferable,
but the Clerk may forward a copy of a waiver to the Clerk of a new county of
registration upon request.
11.04
The County Clerk shall maintain a copy of the photograph and attach it to the
Application submitted by the voter.
12.00 DUPLICATES OR REPLACEMENT
12.01 If a voter misplaces or loses their
Verification of Voter Registration Card and requests that a duplicate or
replacement be issued, the voter shall submit an affidavit to the County Clerk,
swearing or affirming that card previously issued has been misplaced or lost.
The voter shall also include in the affidavit a statement that or she did not
give, transfer or otherwise transmit the previous Verification of Voter
Registration Card to another person. The voter shall complete a new
Application, and provide all of the information required under these Rules for
issuance of a Verification of Voter Registration Card.
12.02 If a voter changes their address within
the county or damages their Verification of Voter Registration Card and returns
it to the County Clerk's Office that issued the card, the Clerk may provide a
replacement Verification of Voter Registration Card as long as the applicant is
still a registered voter within the county. The County Clerk shall follow all
of the procedures described in these rules for destruction of the damaged
card.
12.03 If a duplicate or
replacement card is issued, the County Clerk shall make a notation in the
voter's record in the electronic voter registration system that a duplicate or
replacement card was issued to the voter. The date that the duplicate or
replacement card was issued shall be included in the notation in the voter's
record in the electronic voter registration system. The replacement card shall
have the new date of issuance.
13.00 CHANGE OF COUNTY
13.01 If a voter changes his residential
address to a different county and needs a Verification of Voter Registration
Card, the voter shall submit a new Application to the new County Clerk's Office
where he or she is now registered to vote. The applicant shall provide all of
the information under these Rules for issuance of a Verification of Voter
Registration Card.
13.02 A voter
who changes his residential address to a different county may use a
Verification of Voter Registration Card issued by the Clerk in County where he
or she previously resided as a form of identification for obtaining a new
Verification of Voter Registration Card as long as her he or she was still
registered at the time of the change of registration, and was otherwise
eligible to vote in the County where he or she previously
resided.
14.00 ADDITIONAL COUNTY CLERK RESPONSIBILITIES
14.01 The County Clerk must maintain the
following:
(a) A copy of every Application for
a Verification of Voter Registration Card;
(b) A copy of the photograph taken of the
applicant, with the date taken if different from the date of issuance of the
Card; and
(c) A copy of any written
waiver provided to the applicant.
14.02 The photograph shall be scanned and
attached to the applicant's voter registration record in the electronic voter
registration system.
14.03 The
County Clerk shall make a notation in the voter's record in the electronic
voter registration system that a Verification of Voter Registration Card was
issued to the voter. The date that the card was issued should be included in
the notation in the voter's record in the electronic voter registration
system.
14.04 By the fifth day of
each new calendar quarter, the County Clerk shall submit to the Secretary of
State a report identifying the number of Verification of Voter Registration
Cards he or she has issued in the prior calendar quarter. The method for
reporting the number of Verification of Voter Registration Cards issued, shall
be determined by the Secretary of State and may be electronic or paper, at the
Secretary's discretion.
14.05 The
County Clerk shall destroy any Verification of Voter Registration Card that is
returned to the Clerk's office if the card was issued by that County Clerk's
Office. If any person returns or submits a Verification of Voter Registration
Card issued by another County Clerk's Office, the County Clerk shall transmit
or return the Card to the County of origin, before sending any report to the
Secretary of State's Office as required in 14.04, above.
14.06 Prior to destroying a Verification of
Voter Registration Card, the County Clerk shall ensure that a notation has been
entered in the electronic voter registration system that the Card was returned.
A notation shall also be made on the Application that the Verification of Voter
Registration Card was returned, and from which County the card was returned, if
not returned by the voter.
14.07 If
a duplicate or replacement card is issued, the County Clerk shall make a
notation in the voter's record in the electronic voter registration system that
a duplicate or replacement card was issued to the voter. The date that the
duplicate or replacement card was issued shall be included in the notation in
the voter's record in the electronic voter registration system.
14.08 The County Clerk is responsible for
inventory, security and integrity of the equipment and the system used to
create the identification cards.
15.00 USE OF CARD
15.01 A Verification of Voter Registration
Card is valid for the sole purpose of providing verification of voter
registration for voting purposes in the county in which it was issued. Each
Verification of Voter Registration Card issued by a County Clerk shall contain
a statement establishing that the card is valid only for voting
purposes.
16.00 RESIDENTS OF LONG-TERM CARE FACILITIES EXEMPT
16.01 A resident of a long-term care or
residential care facility licensed by the State of Arkansas is not required to
verify his or her voter registration before voting. In lieu of providing
Verification of Voter Registration, a resident is required to provide
documentation from the administrator of the facility attesting that the person
is a resident of the facility.
16.02 A letter, on facility letterhead, dated
and signed by the administrator which specifically identifies the full name of
the resident in the body of the letter is sufficient to meet the documentation
requirement. The letter is valid for one (1) year after the date it is signed
and issued.
16.03 The letter issued
by the administrator can be used by a resident of a long-term care facility
during early voting, on election day at a polling location, and when voting by
absentee ballot.
16.04 Residents of
long-term care or residential care facilities voting on election day or during
early voting may also utilize the Documentation of Residency for Voting In
Person form provided by the Secretary of State.
17.00 VERIFICATION OF VOTER REGISTRATION REQUIRED WITH ABSENTEE BALLOTS
17.01 When voting by absentee ballot, a voter
must submit with the voter statement a copy of a Verification of Voter
Registration, as defined by Rule
3.03 of these rules, unless the
voter is:
(i) An active duty member of the
uniformed services of the United States or United States Merchant Marine who is
absent from the country on election day because of his or her
service;
(ii) The spouse or
dependent of an active duty member of the uniformed services of the United
States or United States Merchant Marine who is absent from the country on
election day because of the service of the member; or
(iii) A resident of a long-term care or
residential care facility licensed by the state of Arkansas.
17.02 A copy of a Verification of
Registration Card issued pursuant to Act 633 of 2017 and these Rules can be
submitted by an absentee voter to meet the verification of registration
requirement.
18.00 TRAINING
18.01 Any training provided
by the Secretary of State, prior to these rules' effective date, shall be
sufficient to meet the requirements for training herein.
19.00 ELECTIONS COVERED
19.01 These rules apply to all elections held
in the State of Arkansas which occur on or after the effective date of these
rules.
20.00 EFFECTIVE DATE
20.01 These rules shall
be effective as of September 27, 2017.
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