§ 7-5-418 — Early voting

Arkansas § 7-5-418

• Jurisdiction: Arkansas
• Title: 7

Text

(a) (1) (A) Except as provided in subdivision (a)(1)(B) of this section, early voting shall be available to any qualified elector who applies to the county clerk's designated early voting location, beginning fifteen (15) days before a preferential primary or general election between the hours of 8:00 a.m. and 6:00 p.m. Monday through Friday and 10:00 a.m. and 4:00 p.m. Saturday and ending at 5:00 p.m. on the Monday before the election. (B) Early voting shall not be available on state holidays. (2) (A) Except as provided in subdivision (a)(2)(B) of this section, on all other elections, including the general primary and general runoff elections, early voting shall be available to any qualified elector who applies to the county clerk during regular office hours, beginning seven (7) days before the election and ending on the day before the election day at the time the county clerk's office regularly closes. (B) If an annual school election is held at the same time as the preferential primary election or general election, early voting for the annual school election shall comply with subdivision (a)(1)(A) of this section. (b) (1) (A) The county board of election commissioners may decide to hold early voting at additional polling sites outside the offices of the county clerk on any of the days provided for in subsection (a) of this section, if it so chooses. (B) The county board of election commissioners shall determine by unanimous vote the location of additional polling sites for early voting. (C) If the county board of election commissioners decides to hold early voting at an additional polling site on one (1) or more days under subdivision (b)(1)(A) of this section, the hours the additional early voting polling site is open on such day or days shall be the same hours as the county clerk's designated early voting location under subdivision (a)(1)(A) of this section for such day or days. (D) If the county board of election commissioners is unable to secure one (1) or more additional polling sites for early voting on one (1) or more days under subdivision (b)(1)(A) of this section that will allow voting to occur during the same hours of the county clerk's designated early voting location under subdivision (a)(1)(A) of this section for such day or days, the hours the additional early voting polling site is open on such day or days shall be as close to the hours of the county clerk's designated early voting location as possible. (2) The county board of election commissioners shall appoint the election officials for the additional early voting polling site or sites in the same manner as election officials are appointed for election day. (3) (A) The county board of election commissioners shall notify the county clerk of its decision to hold early voting at additional polling sites outside the office of the county clerk within ten (10) days of the decision. (B) If the county board of election commissioners decides to hold early voting at one (1) or more conveniently located polling sites on the days and times under subsection (a) of this section, the county clerk may choose not to hold early voting within the office of the county clerk. The county clerk shall notify the county board of election commissioners within ten (10) days of the receipt of notice from the county board of election commissioners regarding early voting at additional polling sites. (4) The early voting election official shall record the date on all pages of the early voting roster or early voting request form and keep a daily record of the number of early ballots cast. (5) (A) All voted ballots and unvoted ballots and all related election materials at each additional early voting polling site shall be stored in a secure location in the county courthouse or in a secure location as determined by the county board of election commissioners immediately after the close of the additional polling sites each day that early voting is conducted there. (B) If the county board of election commissioners determines that the equipment and materials necessary to operate a polling site will be transferred from one (1) polling site that is opened for a portion of the early voting period to another polling site that is subsequently open during the early voting period, the following provisions shall apply to those polling sites: (i) Ballots cast using a tabulator shall be: (a) Secured at the central location used to secure all other ballots before or contemporaneously with the transportation of the tabulator between early voting locations; and (b) Removed to the storage location in a container designed so that the cast ballots may be secured with a number seal without any election official being able to observe the contents of the ballots; and (ii) Ballots cast using a marking device and a ballot box shall be: (a) Deposited in a separate ballot box secured with a numbered seal for each polling location that is utilized; and (b) Secured at the central location used to secure all other ballots before or contemporaneously with the transportation of the other voting equipment between early voting locations. (c) Before a person is permitted to cast an early vote, the county clerk or election official shall: (1) Request the voter to identify himself or herself by stating his or her name, date of birth, and address in order to verify his or her registration; (2) Request that the voter verify his or her registration by providing a document or identification card that meets the requirements of Arkansas Constitution, Amendment 51, § 13, if required by that section; (3) If the voter's name or address is not the same as that in the county voter registration record files, request the voter to complete an updated voter registration application form; (4) Request the voter to sign an early voting roster or early voting request form that identifies his or her name, address, date of birth, and the date on the roster or form; (5) Enter the voter's precinct number on the early voting roster or early voting request form; (6) Verify if a person requested an absentee ballot according to the precinct voter registration list; and (7) Permit a person to cast a provisional ballot if the person received an absentee ballot according to the precinct voter registration list. (d) (1) If the voter is not listed in the county voter registration record files and the county clerk is unable to verify the voter's registration and if the voter contends that he or she is eligible to vote, then the voter may vote a provisional ballot that shall be counted only upon verification of the voter's registration status. (2) (A) If the voter fails to present verification of voter registration, the election official shall follow the procedure in Arkansas Constitution, Amendment 51, § 13. (B) (i) A person who is a resident of a long-term care or residential care facility licensed by the state is not required to provide verification of voter registration before voting. (ii) A person not required to provide verification of voter registration under subdivision (d)(2)(B)(i) of this section shall provide documentation from the administrator of the facility attesting that the person is a resident of the facility. (e) The county clerk or county board of election commissioners shall furnish voting locations that adequately allow the early voter to personally and secretly execute his or her ballot. (f) Except as provided in this section, early voting shall be conducted in the same manner as voting on election day. Conduct that is prohibited or restricted on election day shall be subject to the same prohibitions and restrictions on the days on which early voting is conducted. (g) (1) The county clerk shall electronically record in the permanent voter registration record of an elector who voted at an early voting location to indicate that the elector has voted. (2) Except as provided under subdivision (g)(3) of this section, the county clerk shall electronically record in the permanent voter registration record no later than twenty-four (24) hours after the elector has voted. (3) If the elector votes on a Friday or Saturday, the county clerk shall electronically record in the permanent voter registration record no later than the close of business on the Monday following the vote.

Legislative History

Amended by Act 2023, No. 263,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 246,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 92,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 1063,§ 8, eff. 7/28/2021. Amended by Act 2017, No. 910,§ 7, eff. 1/1/2018. Amended by Act 2017, No. 633,§ 13, eff. 8/1/2017. Amended by Act 2016EX3, No. 15,§ 6, eff. 5/23/2016. Amended by Act 2016EX3, No. 14,§ 6, eff. 5/23/2016. Amended by Act 2013, No. 1059,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 979,§ 1, eff. 8/16/2013. Amended by Act 2013, No. 595,§ 6, eff. upon the later of the following:1/1/2014, or the appropriation and availability of funding to the Secretary of State for the issuance of voter identification cards under Section 5 of this act. Acts 1995, No. 686, § 7; 1995, No. 948, § 7; 1997, No. 967, § 1; 1997, No. 1092, § 14; 2003, No. 269, § 1; 2005, No. 655, § 1; 2005, No. 880, § 8; 2005, No. 1690, § 1; 2007, No. 556, § 15; 2007, No. 987, § 1; 2009, No. 375, § 3; 2009, No. 959, § 21.