§ Ark. Code § 7-5-209Ballots — Correction of errors

(a) If the county board of election commissioners learns that an error or omission has occurred
in the publication of the names or description of candidates nominated for office or in the
preparation of ballots, the county board of election commissioners shall in a public meeting
announce the error or omission and immediately correct the error or omission or show cause why
the correction should not be done.
(b) If an error in the preparation of the ballots has occurred, the error shall be corrected unless
the county board of election commissioners determines by unanimous vote that the error:
(1) Cannot be corrected prior to the conclusion of voting; or
(2) Is of a nature that:
(A) It can be effectively mitigated; and
(B) The costs to the county do not justify the correction based on the:
(i) Cost of correcting the error;
(ii) Disruption to the election process; and
(iii) Fiscal impact to the county.
(c) As soon as possible, a county board of election commissioners shall correct a ballot error in
which there is an omission from the ballot of:
(1) A contested race;
(2) A candidate omitted from a race; or
(3) An issue other than a school millage issue in which no change is proposed in the rate of the
millage.
(d)(1) When an error is identified, the applicable mitigation measures shall be implemented,
and these measures shall remain in place until the error is corrected or the election concludes.
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7-5-209
ELECTIONS
(2) Errors in the rendering of the candidate’s name on the ballot shall be mitigated by:
(A) Posting a notice on each ballot marking device or voting booth that:
(i) Informs voters that an error is present on the ballot; and
(ii) Provides the correct rendering of the race including each candidate’s name on the ballot
as it should have appeared on the ballot for that race in the order in which the candidates
appear on the ballot; and
(B) Providing a copy of the notice under subdivision (d)(2)(A) of this section to the county
clerk who shall include the notice under subdivision (d)(2)(A) of this section in the materials
delivered with all absentee ballots sent after the error is discovered.
(3) A notice posted under subdivision (d)(2)(A) of this section regarding an error in the
rendering of a candidate’s name on the ballot shall not identify the specific candidate affected by
the error.
(4) Errors in the rendering of a ballot issue shall be mitigated by:
(A) Posting a notice on each ballot marking device or voting booth which informs voters that
an error is present on the ballot and provides the correct text of the ballot issue in question; and
(B) Providing a copy of the notice under subdivision (d)(4)(A) of this section in the materials
delivered with all absentee ballots sent after the error is discovered.
(5) Omission of a race or issue on the ballot shall be mitigated by:
(A) The assignment of voters to another ballot style if another ballot style is available in the
county which has the same issues and races which should have been included on the ballot
containing the error; or
(B) The creation by the county board of election commissioners of a special error correction
ballot that shall be provided to voters to allow the voters to vote in the omitted race or issue
contest.
(e) A special error correction ballot shall be governed by the following provisions:
(1) The county board of election commissioners shall work with the county clerk to develop a
list of voters affected by the error who require access to the special error correction ballot in
addition to their assigned regular ballot;
(2)(A) Each voter who has previously cast a ballot that did not include the race or issue omitted
shall be contacted by the county board of election commissioners using any contact information
provided in the voter’s voter registration records.
(B) Each voter who has previously cast a ballot that did not include the race or issue omitted
may cast the special error correction ballot;
(3) When a special error correction ballot is in use, the poll workers shall:
(A) Review the list of voters affected by the error when checking in a voter to the poll to vote;
(B) Issue the special error correction ballot assigned to each voter identified on the list of
affected voters;
(C) Note each voter who cast a special error correction ballot on the list of voters; and
(D) Ensure each voter deposits the special error correction ballot cast as a regular ballot into
a separate sealed ballot box or the emergency bin of the tabulator if no additional ballot box is
available; and
(4)(A) Poll workers shall allow a voter to cast the special error correction ballot as a provisional
ballot if no list of affected voters is available or if a voter believes he or she is entitled to vote
in the omitted race but has not been identified on the list of voters affected by the error.
(B) A voter who is eligible to cast his or her assigned ballot as a regular ballot and has not
been designated as requiring a special error correction ballot may cast a special error correction
ballot as a provisional ballot while casting his or her assigned ballot as a regular ballot.
(C) If the voter under subdivision (e)(4)(B) of this section is also casting a provisional ballot
for any reason not related to the error addressed by the special error correction ballot, the
special error correction ballot shall be included in the same provisional envelope as the
assigned ballot which is cast provisionally.
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ELECTION PROCEDURE GENERALLY
7-5-213