Current through Register Vol. 49, No. 2, February 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 iPower
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, Voting Machines, bar code printers, ballot marking
devices, and ballot tabulation devices.
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 may refer to
eithers:
A. 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,
or;
B. A ballot marking
device, such as an ExpressVote, that allows a voter to input their choices and
records those choices on a paper ballot.
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 create and adopt a written plan
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 an
estimated 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 an estimated 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 an estimated 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.
4.03 After the vote center plan is
established and adopted, but prior to any elections which utilize vote centers,
the following must be filed with the Secretary of State:
1. A copy of the Vote Center Plan
2. A copy of the ordinance passed by the
county quorum court.
3. The county
clerk's certification that each Vote Center has access to a secured electronic
connection.
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 tabulate every ballot style for each primary and
nonpartisan election available in the county for that election.
5.02 The written plan from the county must
include an estimated total number of Ivotronics, ExpressVotes, 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 an estimated
number of machines used for early voting and whether those machines will be
used on election day. The plan must also include an estimated number of
Ivotronics, ExpressVotes, or other Voting Machines available for election day
polling locations (including Vote Centers).
5.04 The following must also be included in
the written plan:
Number of Ivotronics and/or other Voting Machines available in
county.
Number of current polling locations on election day.
Estimated number of Ivotronics, ExpressVotes, or other Voting
Machines currently used in each polling location on election day.
Number of current registered voters assigned to each polling
location, including the number of active and inactive voters assigned to each
polling location.
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 estimated 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 300 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. DS200, Ml00 or 650).
Proposed plan for tabulating votes cast at all polling locations,
including Vote Centers.
Estimated number of Voting Machines not assigned to any specific
polling location or Vote Center on election day, but which would be available
for use in case of an emergency or high voter turnout at one or more polling
places 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 must
identify, describe, and provide the specifications for the Equipment that the
county will use for these purposes.
6.03 The written plan from the county must
include the estimated 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 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 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 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. The vote center plan must
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. The vote center plan must 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.
Telephone, either land-line or cell phone, for poll workers 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 Vote
center plans shall include the county's 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 has been adopted 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 Upon revising a written vote center
plan, a county shall submit the revised written plan to Secretary of State for
operation of Vote Centers within the county.
