TrustVoting Atlas

(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 within the county seat, 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)(i) The county board of election commissioners shall hold early voting for each
preferential primary election and each general election at a polling site in each city:
(a) Having a population of more than fifteen thousand (15,000) people in the most recent
federal decennial census; and
(b) Where the county clerk is not conducting early voting.
(ii) 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) For each election, 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.
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ELECTION PROCEDURE GENERALLY
7-5-418
(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.
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7-5-419
ELECTIONS
(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.
(h)(1) Except as provided in subdivision (h)(3) of this section, the county board of election
commissioners may call an emergency meeting held in person or by electronic means to close one
(1) or more early voting locations for one (1) or more days due to inclement weather.
(2) An emergency meeting called under subdivision (h)(1) of this section shall require a
unanimous vote by the county board of election commissioners to close an early voting location.
(3) The county board of election commissioners shall not close at least one (1) early voting
location in the county seat that shall remain open every day that is designated for early voting.
(4) As used in this subsection, “county seat” means the same as defined in § 14-14-301.