§ Ark. Code § 7-5-409Materials furnished to qualified voters

(a)(1)(A) The county clerk shall satisfy himself or herself that the applicant for an absentee
ballot is a qualified registered elector in the ward, precinct, or township in which he or she
claims to be a resident or that the applicant does not require prior registration under
§ 7-5-406.
(B) The county clerk shall verify that the application has been properly signed by the
applicant and, if necessary, the designated bearer, administrator, or authorized agent. If the
application is not properly signed, the application shall be rejected by the county clerk.
(C) The county clerk shall notify the applicant of the reason for the rejection.
(2) If the county clerk is unable to contact the applicant to cure the deficiency, the county clerk
shall forward the application with the reason for the rejection to the county board of election
Previous
Next Page
7-5-409
ELECTIONS
commissioners. The county board of election commissioners shall determine whether the
applicant is a qualified elector.
(b) If the applicant is registered or is otherwise eligible to vote absentee, the county clerk, prior
to mailing or delivering the ballot, shall detach the ballot stub and deposit the ballot stub into a
sealed box designated as “Absentee Stub Box” and deliver to the applicant or to the applicant’s
designated bearer, authorized agent, or administrator for delivery to the applicant the following
materials:
(1) An official absentee ballot for each election named in the application;
(2) Instructions for voting and returning the official absentee ballot to the county clerk;
(3) An official absentee ballot secrecy envelope on which there shall be written or printed the
words “Ballot Only”;
(4)(A)(i) A uniform voter statement created and approved by the State Board of Election
Commissioners.
(ii) The voter statement shall include the following heading in bold capitalized letters:
“THIS VOTER STATEMENT SHALL BE COMPLETED AND RETURNED IN THE
MAILING ENVELOPE OR THE ABSENTEE BALLOT WILL NOT BE COUNTED.”
(iii) The voter statement shall include the following statement in bold capitalized letters at
the bottom of the page: “I AM DULY QUALIFIED TO VOTE AT THIS ELECTION
ACCORDING TO THE ARKANSAS CONSTITUTION, I HAVE NOT YET VOTED
DURING THIS ELECTION, THE BALLOT OR BALLOTS CONTAINED IN THIS
ENVELOPE IS MY BALLOT, AND I HAVE RECEIVED NO ASSISTANCE IN VOTING
MY BALLOT THAT I WOULD NOT HAVE BEEN ENTITLED TO RECEIVE HAD I
VOTED IN PERSON AT MY VOTING PRECINCT. THE INFORMATION I HAVE
PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE UNDER PENALTY OF
PERJURY. IF I HAVE PROVIDED FALSE INFORMATION, I MAY BE SUBJECT TO A
FINE OF UP TO TEN THOUSAND DOLLARS ($10,000) OR IMPRISONMENT FOR UP
TO TEN (10) YEARS, OR BOTH, UNDER FEDERAL OR STATE LAWS.”
(iv) The voter statement shall include a statement that the voter resides at the address on
his or her application.
(v) The voter statement shall include a statement for a first-time voter who registers by
mail: “If I am a newly registered voter of this county and this is the first time I am voting in
this county, I am enclosing a copy of a current and valid photo identification card or a current
utility bill, bank statement, government check, paycheck, or other government document that
shows my name and address.”
(B) Blanks shall be provided for the voter to provide his or her printed name, signature,
mailing address, residential voting address, date of birth, printed name and address of the
administrator, authorized agent, or designated bearer, signature of administrator, authorized
agent, or designated bearer, and address of the administrator, authorized agent, or designated
bearer.
(C)(i) The voter statement shall include a sworn statement portion that may be completed
by the voter stating that the voter is registered to vote and that he or she is the person who is
registered.
(ii) The sworn statement portion of the voter statement is not required to be notarized, but
the voter shall execute the sworn statement under penalty of perjury.
(iii)(a) The signing of the sworn statement shall be witnessed by at least one (1) individual
who is eighteen (18) years of age or older.
(b) The witnessing requirement under subdivision (b)(4)(C)(iii)(a) of this section shall not
apply to a voter who has applied for his or her absentee ballot due to one (1) of the following,
as evidenced by his or her absentee voting application:
(1) The voter is unable to attend the polls on election day because of an illness or physical
disability;
(2) The voter is a resident of a long-term care or residential facility licensed by the state;
(3) The voter is unable to attend the polls on election day due to an observance of a religious
discipline or religious holiday; or
Previous
Next Page
ELECTION PROCEDURE GENERALLY
7-5-409
(4) The voter:
(A) Is in active service as a member of the armed services of the United States or the voter
is a spouse or a dependent of a person who is in active service as a member of the armed
services of the United States; and
(B) Resides outside the county.
(D) Blank fields shall be provided for the witness of the sworn statement’s signature to
provide his or her:
(i) Printed name;
(ii) Signature; and
(iii) Mailing address;
(5) A sealable envelope upon which shall be printed or written the words: “Return Envelope”,
the address of the county clerk, the precinct of the voter, and the words: “ABSENTEE BALLOT,
................, ................, ELECTION”; and
(6) An authorized agent authorization form, as follows:
“AGENT AUTHORIZATION FORM
If applicable, fill out and sign this form and place it in the Return Envelope
I hereby authorize ................(insert his or her name) as my authorized agent, to deliver this
ballot as I am medically unable to vote on election day. An affidavit verifying my medical status
as unable to deliver the application or to vote on the day of the election is attached or has been
provided with my application.
________________________________
Signature of voter
________________________________
Printed name of voter
________________________________
Address of voter
________________________________
Date of birth of voter.”
(c)(1) Except for absentee ballots mailed to an address outside the county in which the
applicant is registered, an absentee ballot shall be mailed to the address that appears on the
applicant’s registration record or absentee ballot application if the voter is temporarily at a
different address.
(2) The county clerk shall not mail more than two (2) absentee ballots to the same address
unless:
(A) The address is outside the territorial limits of the United States;
(B) The address is for a long-term care or residential care facility licensed by the state; or
(C) There are more than two (2) persons lawfully registered at the same address.
(d) The county clerk shall not deliver an absentee ballot to any person other than the absentee
voter unless the person picking up the ballot:
(1) Is either:
(A) The voter’s:
(i) Designated bearer; or
(ii) Authorized agent; or
(B) The administrator of a long-term care or residential care facility licensed by the state in
which the voter resides; and
(2) Provides to the county clerk a current and valid federal-issued or state-issued document or
identification card that includes his or her name and photograph.
(e) The county clerk shall not provide more than two (2) absentee ballots per election to any
designated bearer or authorized agent, nor shall the county clerk accept delivery of more than
two (2) absentee ballots per election from any designated bearer or authorized agent.
(f) A designated bearer shall be allowed to pick up only two (2) absentee ballots from the county
clerk only during the fifteen (15) days prior to a school election, special election, preferential
Previous
Next Page
7-5-410
ELECTIONS
primary election, or general election and seven (7) days prior to a runoff election, including a
general primary election.
(g) Upon delivery of an absentee ballot to an individual authorized to receive an absentee
ballot, the county clerk shall mark the electronic voter registration list and the precinct voter
registration list to indicate that an absentee ballot has been delivered to the voter.
(h) The county clerk or other designated election official providing materials to qualified voters
shall not distribute:
(1) Unsolicited absentee ballot applications to electors; or
(2) Unsolicited absentee ballots to electors.
(i) The county clerk and other designated election officials providing materials to qualified
voters may:
(1) Display a printable or downloadable absentee ballot application form on the internet;
(2) Post links to the absentee ballot application form on social media of any type; and
(3) Make paper copies of absentee ballot application forms available for distribution or to be
available upon request by a qualified voter in:
(A) The county clerk’s office; or
(B) Other governmental offices.
(j) A person who purposely violates subsection (h) of this section upon conviction shall be guilty
of a Class A misdemeanor.