Arkansas Code Annotated

Ark. Code Ann. § 7-4-121 (2026)

Election audits

✓ current as of May 2026

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1. The State Board of Election Commissioners shall audit the results of each general election to ensure the integrity and accuracy of the voting process.
2. When conducting a post-election audit of the election results, the State Board of Election Commissioners shall:
  1. Select by lot the counties, polling sites, early voting locations, and vote centers to be audited;
  2. Select a sufficient number of early voting locations, polling sites, and vote centers to obtain a meaningful sample;
  3. Select the counties to be audited no less than sixty (60) days following the date of the general election;
  4. Conduct the audit by using the voter-verified paper audit trail;
  5. 1. Compile a report detailing the findings of this audit.
    2. The report filed under this subdivision (a)(2)(E):
      1. Is not a recount;
      2. Has no legal effect on the outcome of any election subject to the audit; and
      3. Shall be made public and disseminated to any person upon request; and
  6. Securely maintain any county election records obtained for the purpose of conducting an audit.
3. The Secretary of State may, at his or her discretion, provide additional staff to assist in conducting any audit under this subsection.
1. The county clerk, county board of election commissioners, or other county election official for a county that is audited under this section shall provide documents, records, or access to election equipment requested by the State Board of Election Commissioners to the State Board of Election Commissioners upon request.
2. If the county clerk, county board of election commissioners, or other county election official of the county willfully fails to comply with a request made under subdivision (b)(1) of this section, and the State Board of Election Commissioners is not able to obtain the requested information through other means, the State Board of Election Commissioners may:
  1. Find that the county in violation of subdivision (b)(1) of this section has forfeited reimbursement of state-funded election expenses for a period of up to two (2) years; and
  2. Elect to withhold reimbursement of state-funded election expenses to the county for a period of up to two (2) years.

History. Acts 2019, No. 888, § 2.

Subchapter 2 — Volunteer Deputy Voter Registrars

7-4-201 — 7-4-211. [Repealed.]

Publisher's Notes. This subchapter, concerning volunteer deputy voter registrars, was repealed by identical Acts 1995, Nos. 926 and 942, § 1. The subchapter was derived from the following sources:

7-4-201. Acts 1987, No. 799, §§ 1, 2, 4.

7-4-202. Acts 1987, No. 799, § 3.

7-4-203. Acts 1987, No. 799, § 8.

7-4-204. Acts 1987, No. 799, §§ 4, 5.

7-4-205. Acts 1987, No. 799, § 4.

7-4-206. Acts 1987, No. 799, § 6.

7-4-207. Acts 1987, No. 799, §§ 9, 11; 1993, No. 1214, § 1.

7-4-208. Acts 1987, No. 799, §§ 7, 8.

7-4-209. Acts 1987, No. 799, §§ 10, 13.

7-4-210. Acts 1987, No. 799, § 12.

7-4-211. Acts 1989, No. 539, § 1.

Chapter 5 Election Procedure Generally

A.C.R.C. Notes. Acts 2019, No. 888, § 5, provided: “Application.

“(a)(1) The State Board of Election Commissioners shall conduct the initial audit of the results of the general election under this act after the 2020 general election as a pilot program.

“(2) For each election system utilizing a ballot marking device and tabulator in operation for the 2020 election, the State Board of Election Commissioners shall:

“(A) Conduct an audit of at least one (1) county with a population of more than one hundred thousand (100,000) people;

“(B) Conduct an audit of at least four (4) counties with a population of less than one hundred thousand (100,000) people; and

“(C) Conduct the audits in a manner that effectuates at least one (1) audit from a county in each of the congressional districts of this state.

“(b) The State Board of Election Commissioners shall develop a comprehensive plan to audit the state's election equipment based on the experience gained through this pilot program”.

Cross References. Political parties, § 7-3-101 et seq.

RESEARCH REFERENCES

Ark. L. Notes.

Cihak and Springman, HAVA and Arkansas Election Law Reform: Compliance and Promise, 2006 Arkansas L. Notes 1.

Subchapter 1 — General Provisions

Effective Dates. Acts 1969, No. 465, Art. 13, § 10: approved Apr. 17, 1969. Emergency clause provided: “It is hereby found and declared by the General Assembly of the State of Arkansas that the present election laws are ancient and outdated in part and have caused and are causing much confusion and controversy, that there are particular problem areas in the present law which need immediate legislation in order to resolve same, that elections are and will continue to be held and conducted in this atmosphere of confusion and controversy until these problem areas are resolved and this Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is hereby declared to exist and this Act shall be in force and effect from and after its passage.”

Identical Acts 1995, Nos. 946 and 963, § 14: Jan. 1, 1996.

Acts 1995 (1st Ex. Sess.), No. 7, § 5: Oct. 19, 1995. Emergency clause provided: “It is hereby found and determined by the General Assembly that the present law relating to the designation of polling places in voting precincts in the state is unduly restrictive and that in the best interests of efficiency and convenience of the voting public, it is necessary that authority of the county board of election commissioners to fix polling places be clarified immediately and that this act is designed to do so. Therefore an emergency is hereby declared to exist and this act being necessary for the preservation of the public peace, health and safety shall be in full force and effect from and after its passage and approval.”

Acts 2005, No. 1205, § 2: Mar. 24, 2005. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that that the law concerning allocation of election expenses is in need of revision; that this act provides for an appropriate allocation; and that this act is immediately necessary because a delay in its implementation could prevent it from applying to some elections. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2009, No. 1480, § 117: Apr. 10, 2009. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act makes various revisions to Arkansas election laws that are designed to improve the administration of elections and special elections and that these revisions should be implemented as soon as possible so that the citizens of this state may benefit from improved election procedures. Therefore, an emergency is declared to exist and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Research References

Am. Jur. 26 Am. Jur. 2d, Elections, § 302 et seq.

C.J.S. 29 C.J.S., Elections, § 319 et seq.

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: League of Women Voters of Arkansas v. Thurston (W.D. Ark. 2021).

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League of Women Voters of Arkansas v. Thurston (W.D. Ark. 2021). · cites it 2× “Ark. Code Ann. § 7-4-121 . The Secretary of State is the chief election officer in Arkansas.”

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