§ 7-5-411 — Methods of voting absentee

(a) (1) Absentee voting may be accomplished in one (1) of the following methods and in no other manner: (A) (i) By delivery of the ballot by mail that must be received in the office of the county clerk of the county of residence of the voter not later than 7:30 p.m. on election day. (ii) (a) However, except as provided in subdivision (a)(1)(A)(ii) (b) of this section, by ballots of qualified electors outside the United States on election day that are signed, postmarked, and mailed by the voters no later than the day of the election and received by the county clerk no later than 5:00 p.m. ten (10) calendar days after the date of the election. (b) The absentee ballots of armed services personnel serving in active status shall be counted if received by the county clerk no later than 5:00 p.m. ten (10) calendar days after the date of the election and if the absentee ballots were executed no later than the date of the election. (iii) Each absentee ballot shall be mailed separately by the voter and shall not be included with any other absentee ballot in a bulk mailing, except that an administrator of a long-term care or residential care facility licensed by the State of Arkansas or hospital may mail the absentee ballots of the residents and patients by bulk mail. Absentee ballots in any bulk mailing not otherwise permitted in this subsection shall not be counted; (B) By delivery of the ballot to the physical office of the county clerk of the county of residence of the voter not later than 7:30 p.m. on election day by the authorized agent of the absentee voter who is medically unable to vote at the regular polling site, upon proper verification of the signature of the voter by the county clerk and validation of the identity of the authorized agent; (C) By delivery of the ballot to the physical office of the county clerk of the county of residence of the voter not later than the time the county clerk's office regularly closes on the Friday before election day by the registered voter, designated bearer, or administrator of the absentee voter, upon proper verification of the signature of the voter by the county clerk and validation of the identity of the registered voter, designated bearer, or administrator; or (D) The voter may deliver the ballot to the physical office of the county clerk of the county of his or her residence not later than the close of regular business hours on the Friday before the election. (2) (A) A county clerk, public employee, or election official shall not establish or use a drop box for the purpose of collecting absentee ballots. (B) No person shall deliver an absentee ballot through a drop box. (3) All absentee ballots not delivered by mail shall be hand-delivered inside the physical office of the county clerk under the requirements of this section and chapter. (b) Any person to whom an absentee ballot is delivered according to the precinct voter registration list but who elects to vote by early voting or to vote at his or her polling site on election day shall be permitted to cast a provisional ballot.

Legislative History

Amended by Act 2023, No. 421,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 353,§ 2, eff. 8/1/2023. Amended by Act 2021, No. 973,§ 2, eff. 7/28/2021. Acts 1969, No. 465, Art. 9, § 10; 1970 (Ex. Sess.), No. 28, § 1; 1981, No. 685, § 2; 1983, No. 430, § 5; 1985, No. 567, § 4; 1985, No. 568, § 4; 1985, No. 612, § 2; 1985, No. 1024, § 1; A.S.A. 1947, § 3-910; Acts 1987, No. 843, § 4; 1989, No. 912, § 9; 1997, No. 1092, § 7; 1999, No. 491, § 1; 1999, No. 1538, § 4; 1999, No. 1586, § 1; 2001, No. 1257, § 1; 2001, No. 1767, § 1; 2003, No. 273, § 1; 2003, No. 1275, § 4; 2005, No. 2193, § 4; 2007, No. 543, § 5; 2007, No. 556, § 8; 2009, No. 250, §§ 11, 12.