§ 7-5-101 — Precinct boundaries, polling sites, and vote centers - Establishment and alteration

Arkansas § 7-5-101

• Jurisdiction: Arkansas
• Title: 7

Text

(a) (1) The county board of election commissioners shall: (A) Establish election precincts; and (B) (i) Designate a polling site for each precinct. (ii) A polling site may serve two (2) or more precincts, including parts of precincts. (2) Except as provided in § 6-14-106 , the designation of polling sites shall be by a unanimous vote of the members of the county board of election commissioners present. (b) (1) The county board of election commissioners by order may alter the boundaries of existing election precincts and establish new ones. (2) A precinct shall not be altered and a new precinct shall not be created less than sixty (60) days before an election except in the event of an emergency as determined by unanimous vote of the county board of election commissioners. (3) (A) Except as provided in subdivision (b)(3)(B) of this section, if more than three thousand (3,000) voters are registered in a precinct, the county board of election commissioners shall redistrict the precinct at least one hundred twenty (120) days before the election. (B) If the number of registered voters in the precinct exceeds three thousand (3,000) registered voters during or after the one hundred twenty (120) days before an election, the county board of election commissioners shall redistrict the precinct at least one hundred twenty (120) days before the next election. (4) (A) An order to alter the boundaries of any precinct or establish any new one shall not be effective until it has been filed with the county clerk. (B) The order shall contain: (i) A written description of the boundaries of the precinct; (ii) A printed map of the boundaries of the precincts altered or established; and (iii) A digital map detailing the precinct boundaries altered or established in a format prescribed by the Arkansas Geographic Information Systems Office. (c) (1) Within thirty (30) days after the boundaries of an election precinct are altered or a new election precinct is established, the county clerk shall submit written, printed, and digital copies of the map and boundaries required under subdivision (b)(4) of this section to the: (A) Secretary of State; and (B) Arkansas Geographic Information Systems Office. (2) Upon receipt of the changes, the Secretary of State immediately shall forward a copy to the: (A) Office of the Attorney General; (B) Census State Data Center; (C) Geographic Information Systems and Mapping Section of the Transportation Planning and Policy Division of the Arkansas Department of Transportation; and (D) Arkansas Geographic Information Systems Office. (3) The Secretary of State may: (A) Designate each precinct in the state with a unique alphanumeric description that clearly references: (i) The precinct designation assigned by the county board of election commissioners; and (ii) The county in which the precinct exists; (B) Create a map of the State of Arkansas that is divided by precinct; and (C) Display the map with the alphanumeric precinct designations on the Secretary of State's internet website. (d) (1) Except for school elections under § 6-14-106 , the polling sites for each election shall be the same as those established for the immediately preceding general election unless changed by order of the county board of election commissioners. (2) (A) The county board of election commissioners shall not change a polling site for any precinct less than sixty (60) days before a preferential primary election or general election, except in the event of an emergency. (B) The county board of election commissioners shall not change a polling site for any precinct less than thirty (30) days before an election other than a preferential primary or general election, except in the event of an emergency. (3) (A) Notice of a change made in a polling site shall be provided by posting information at the polling site used in the last election and by the county clerk mailing notice to affected registered voters at least fifteen (15) days before the election unless: (i) The election is a school election; (ii) The election is a special election; or (iii) The change in polling sites is due to an emergency arising less than fifteen (15) days before the election. (B) If the change in polling site occurs in a school election, special election, or due to an emergency arising less than fifteen (15) days before the election, notice of a change made in the polling site shall be provided by posting information at the polling site used in the last election. (4) (A) If the county board of election commissioners reduces the total number of polling sites available in the county in a preferential primary election or a general election, a qualified elector of the county may appeal the decision to close the polling site that adversely affects the qualified elector's ability to cast a ballot to the State Board of Election Commissioners. (B) An appeal made to the State Board of Election Commissioners shall: (i) Be filed in writing within seven (7) days of the vote of the county board of election commissioners to reduce the number of polling sites available in the county; (ii) Describe clearly the polling site that was closed; (iii) Describe the reason the closure of the polling site in question adversely affects the election process; and (iv) Be signed by the appellant under penalty of perjury. (C) When a timely and sufficient appeal is filed under this subsection, the State Board of Election Commissioners shall determine if the reduction in polling sites is permissible in a timely fashion and shall issue an order resolving the appeal no less than thirty (30) days before the date of the election. (D) An order by the State Board of Election Commissioners prohibiting a reduction in polling sites under this subsection shall be effective for the remainder of the term of the county board of election commissioners whose actions were appealed. (e) (1) (A) Before establishing one (1) or more vote centers in the county under § 7-1-113 , the county board of election commissioners shall certify to the Secretary of State and the county quorum court that the county has a secure electronic connection sufficient to prevent: (i) An elector from voting more than once; (ii) Unauthorized access to an electronic pollbook; (iii) Unauthorized access to the voter registration database; and (iv) Unauthorized access to voting equipment and voter materials. (B) If the county board of election commissioners has certified to the county quorum court a determination of sufficiency under subdivision (e)(1)(A) of this section, the county may adopt an ordinance to establish vote centers for elections. (C) The ordinance: (i) Shall be filed with the county clerk, the county board of election commissioners, and the Secretary of State; and (ii) Is effective when it is filed with the county clerk, the county board of election commissioners, and the Secretary of State. (2) (A) (i) Except for school elections under § 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. (ii) When a runoff is required in a county that only utilizes vote centers, the vote centers for the runoff election shall be the vote centers that are located within a precinct composed of qualified electors who are eligible to vote in that runoff election. (iii) When a runoff election is required in a county that only utilizes vote centers and where no vote center is located in one (1) or more precincts composed of qualified electors participating in the runoff election, the county board of election commissioners shall: (a) Establish one (1) or more vote centers within the jurisdiction for which the runoff election is being conducted prior to the publication of the notice of election; or (b) Open a vote center at the county seat if no polling site is otherwise available on election day under this section. (B) (i) The county board of election commissioners shall not change a vote center location less than sixty (60) days before a preferential primary election or general election, except in the event of an emergency. (ii) The county board of election commissioners shall not change a vote center location less than thirty (30) days before an election other than for a preferential primary or general election, except in the event of an emergency. (iii) The county board of election commissioners may establish a new vote center for an election less than thirty (30) days before an election if a majority of the county board of election commissioners determines the existing vote centers do not adequately serve the county's qualified electors. (iv) A vote center established under subdivision (e)(2)(B)(iii) of this section shall be included in the notice of election. (C) 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.

Legislative History

Amended by Act 2023, No. 389,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 1063,§ 5, eff. 7/28/2021. Amended by Act 2021, No. 1063,§ 4, eff. 7/28/2021. Amended by Act 2021, No. 1063,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 729,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 729,§ 2, eff. 7/28/2021. Amended by Act 2017, No. 707,§ 8, eff. 8/1/2017. Amended by Act 2015, No. 103,§ 8, eff. 7/22/2015. Amended by Act 2013, No. 1389,§ 3, eff. 8/16/2013. Amended by Act 2013, No. 1211,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 1126,§ 4, eff. 8/16/2013. Amended by Act 2013, No. 546,§ 1, eff. 8/16/2013. Acts 1969, No. 465, Art. 6, § 1; A.S.A. 1947, § 3-601; Acts 1993, No. 717, §§ 1, 3; 1995, No. 876, § 1; 1995 (1st Ex. Sess.), No. 7, § 1; 1997, No. 451, § 1; 1999, No. 455, § 1; 2003, No. 1165, § 2; 2003, No. 1295, § 2; 2007, No. 694, § 1; 2009, No. 250, § 3; 2009, No. 1480, § 15.