§ 7-5-404 — Applications for ballots - Definition

(a) (1) (A) (i) Applications for absentee ballots shall be delivered to an applicant with the application blank except for the information that may be automatically populated by the voter registration system. (ii) No voter selections shall be pre-filled on an application for an absentee ballot. (B) Applications for absentee ballots shall be signed by the applicant and verified by the county clerk by checking the voter's name, address, date of birth, and signature from the voter registration application unless the application is sent by electronic means. (C) If the application is sent by electronic means, the application shall bear a verifiable facsimile of the applicant's signature. (D) If an applicant is given assistance filling out an application for an absentee ballot, the person giving assistance to the applicant shall provide his or her name, address, and signature on the application. (2) (A) If the signatures on the absentee ballot application and the voter registration application record are not similar, the county clerk shall not provide an absentee ballot to the voter. (B) If the absentee ballot request is rejected under subdivision (a)(2)(A) of this section, the county clerk shall: (i) Provide notice promptly to the voter of the rejection; (ii) Allow the voter to resubmit the request; and (iii) Electronically record the rejection in the permanent system maintained by the county clerk. (C) The notice to the voter under subdivision (a)(2)(B) of this section shall be made by: (i) The most efficient means available, including without limitation by telephone or email; and (ii) Written notice sent by first-class mail to the address where the voter is registered to vote. (3) Delivery of the request for an absentee ballot to the county clerk may be made in one (1) of the following ways, and in no other manner: (A) For applications submitted using the form prescribed in § 7-5-405 : (i) In person at the office of the county clerk of the county of residence of the voter no later than the time the county clerk's office regularly closes on the Friday before election day; (ii) Applications by mail must be received in the office of the county clerk of the county of residence of the voter not later than seven (7) days before the election for which the application was made; (iii) A designated bearer may deliver the completed application to the office of the county clerk of the county of residence of the applicant not later than the time the county clerk's office regularly closes on the Friday before election day; (iv) A person declared as the authorized agent of the applicant may deliver the application to the office of the county clerk of the county of residence of the applicant not later than 1:30 p.m. on the day of the election; (v) An administrator may deliver the application in person at the office of the county clerk of the county of residence of the voter no later than the time the county clerk's office regularly closes on the Friday before election day; or (vi) (a) Delivery by electronic means to the county clerk's office of the county of residence of the voter not later than seven (7) days before the election for which the application was made. (b) The completed application sent by electronic means will be accepted only upon verification of the facsimile signature of the applicant by the county clerk. (c) Once verified as a reasonable likeness of the voter's signature, the signature appearing on a copy of an application sent by electronic means shall be presumed to be authentic until proven otherwise; or (B) If the applicant does not use the form prescribed in § 7-5-405 , he or she may make an application for an absentee ballot as follows: (i) A letter or postcard must be received in the office of the county clerk not later than seven (7) days before the date of the election. The letter or postcard shall contain information sufficient for the county board of election commissioners and the county clerk to accept the letter or postcard in lieu of the application form; or (ii) An applicant may transmit a written request for an absentee ballot by electronic means that shall contain the voter's signature and other information sufficient for acceptance in lieu of the application form. (b) (1) Any person eligible to vote by absentee ballot may request the county clerk to mail to an address within the continental United States an application for an absentee ballot. (2) (A) For those persons voting by absentee ballot who reside outside the county in which they are registered to vote, the application shall remain in effect for one (1) year unless revoked by the voter, and the county clerk shall thereafter automatically mail no later than twenty-five (25) days before each election an absentee ballot for each election. (B) (i) For those persons voting by absentee ballot who reside within the county in which they are registered to vote, the application shall be valid for only one (1) election cycle. (ii) The election cycle shall include any one (1) election and the corresponding runoff election. (C) (i) For a voter residing in a long-term care or residential care facility licensed by the state the application shall remain in effect for one (1) calendar year unless withdrawn by the voter. (ii) The county clerk automatically shall mail no later than twenty-five (25) days before each election an absentee ballot for each election unless, before mailing, the administrator of the facility has presented an absentee ballot request from the voter authorizing the administrator to receive the absentee ballot on behalf of the voter for that election. (D) (i) For a voter with a disability as defined in § 7-5-311 , the application shall remain in effect for one (1) calendar year unless withdrawn by the voter. (ii) The county clerk automatically shall mail no later than twenty-five (25) days before each election an absentee ballot for each election. (c) The following may request an absentee ballot for one (1) or more elections, up to and including the next regularly scheduled general election for federal office, including without limitation any runoff elections that may occur as a result of the outcome of the general elections, by submitting one (1) application during that period of time in the manner provided under subsection (a) of this section: (1) A citizen of the United States temporarily residing outside the territorial limits of the United States; (2) A member of the uniformed services of the United States while in active duty or service, including his or her spouse or dependent, who by reason of active duty or service of the member is absent from the place of residence where the member, spouse, or dependent is otherwise qualified to vote; (3) A member of the United States Merchant Marine while in active duty or service, including his or her spouse or dependent, who by reason of the active duty or service of the member is absent from the place of residence where the member, spouse, or dependent is otherwise qualified to vote; and (4) A member of the Arkansas National Guard while in state active duty or service, including his or her spouse or dependent, who by reason of state active duty or service of the member is absent from the place of residence where the member, spouse, or dependent is otherwise qualified to vote. (d) As used in this section, "electronic means" means a scanned image sent by: (1) Electronic mail; or (2) Facsimile machine.

Legislative History

Amended by Act 2023, No. 320,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 973,§ 1, eff. 7/28/2021. Amended by Act 2021, No. 736,§ 3, eff. 7/28/2021. Amended by Act 2021, No. 736,§ 2, eff. 7/28/2021. Amended by Act 2019, No. 462,§ 7, eff. 7/24/2019. Amended by Act 2013, No. 1424,§ 3, eff. 8/16/2013. Acts 1969, No. 465, Art. 9, § 4; 1981, No. 685, § 1; 1983, No. 430, § 1; 1985, No. 1019, § 1; A.S.A. 1947, § 3-904; Acts 1987, No. 248, § 9; 1987, No. 843, § 1; 1991, No. 863, § 1; 1993, No. 303, § 1; 1993, No. 1201, § 1; 1995, No. 686, § 3; 1995, No. 948, § 3; 1997, No. 1092, § 1; 1999, No. 1111, § 1; 1999, No. 1538, §§ 2, 3; 2003, No. 994, § 8; 2005, No. 67, § 11; 2007, No. 543, § 1; 2007, No. 556, § 3; 2009, No. 250, § 4; 2009, No. 959, § 16; 2011, No. 1188, § 1.