Arkansas Code Annotated

Ark. Code Ann. § 7-5-101 (2026)

Precinct boundaries, polling sites, and vote centers — Establishment and alteration

✓ current as of May 2026

Find cases: SyfertCases citing this section JustiaArk. Code CornellLII Search CasesGoogle Scholar

1. The county board of election commissioners shall:
  1. Establish election precincts; and
  2. 1. Designate a polling site for each precinct.
    2. A polling site may serve two (2) or more precincts, including parts of precincts.
2. Except as provided in § 6-14-106, the designation of polling sites shall be by a unanimous vote of the members of the county board of election commissioners present.
1. The county board of election commissioners by order may alter the boundaries of existing election precincts and establish new ones.
2. A precinct shall not be altered and a new precinct shall not be created less than sixty (60) days before an election except in the event of an emergency as determined by unanimous vote of the county board of election commissioners.
3. 1. Except as provided in subdivision (b)(3)(B) of this section, if more than three thousand (3,000) voters are registered in a precinct, the county board of election commissioners shall redistrict the precinct at least one hundred twenty (120) days before the election.
  2. If the number of registered voters in the precinct exceeds three thousand (3,000) registered voters during or after the one hundred twenty (120) days before an election, the county board of election commissioners shall redistrict the precinct at least one hundred twenty (120) days before the next election.
4. 1. An order to alter the boundaries of any precinct or establish any new one shall not be effective until it has been filed with the county clerk.
  2. The order shall contain:
    1. A written description of the boundaries of the precinct;
    2. A printed map of the boundaries of the precincts altered or established; and
    3. A digital map detailing the precinct boundaries altered or established in a format prescribed by the Arkansas Geographic Information Systems Office.
1. Within thirty (30) days after the boundaries of an election precinct are altered or a new election precinct is established, the county clerk shall submit written, printed, and digital copies of the map and boundaries required under subdivision (b)(4) of this section to the:
  1. Secretary of State; and
  2. Arkansas Geographic Information Systems Office.
2. Upon receipt of the changes, the Secretary of State immediately shall forward a copy to the:
  1. Office of the Attorney General;
  2. Census State Data Center;
  3. Geographic Information Systems and Mapping Section of the Transportation Planning and Policy Division of the Arkansas Department of Transportation; and
  4. Arkansas Geographic Information Systems Office.
3. The Secretary of State may:
  1. Designate each precinct in the state with a unique alphanumeric description that clearly references:
    1. The precinct designation assigned by the county board of election commissioners; and
    2. The county in which the precinct exists;
  2. Create a map of the State of Arkansas that is divided by precinct; and
  3. Display the map with the alphanumeric precinct designations on the Secretary of State's internet website.
1. Except for school elections under § 6-14-106, the polling sites for each election shall be the same as those established for the immediately preceding general election unless changed by order of the county board of election commissioners.
2. The county board of election commissioners shall not change a polling site for any precinct less than thirty (30) days before an election, except in the event of an emergency.
3. 1. Notice of a change made in a polling site shall be provided by posting information at the polling site used in the last election and by the county clerk mailing notice to affected registered voters at least fifteen (15) days before the election unless:
    1. The election is a school election;
    2. The election is a special election; or
    3. The change in polling sites is due to an emergency arising less than fifteen (15) days before the election.
  2. If the change in polling site occurs in a school election, special election, or due to an emergency arising less than fifteen (15) days before the election, notice of a change made in the polling site shall be provided by posting information at the polling site used in the last election.
1. 1. Before establishing one (1) or more vote centers in the county under § 7-1-113, the county clerk shall certify to the Secretary of State and the county quorum court that the county has a secure electronic connection sufficient to prevent:
    1. An elector from voting more than once; and
    2. Unauthorized access to a computerized registration book maintained by the county clerk.
  2. If the county clerk has certified to the county quorum court a determination of sufficiency under subdivision (e)(1)(A) of this section, the county may adopt an ordinance to establish vote centers for elections.
  3. The ordinance:
    1. Shall be filed with the county clerk, the county board of election commissioners, and the Secretary of State; and
    2. Is effective when it is filed with the county clerk, the county board of election commissioners, and the Secretary of State.
2. 1. Except for school elections under § 6-14-106, a vote center location for each election shall be the same as that established for the immediately preceding general election unless changed by order of the county clerk or county board of election commissioners.
  2. The county clerk or county board of election commissioners shall not change a vote center location for any precinct less than thirty (30) days before an election except in the event of an emergency.
  3. Notice of a change made to a vote center location shall be posted at the vote center location used in the last election, and except for school elections and special elections, the notice shall be published in a newspaper of general circulation in the county at least fifteen (15) days before the election.

History. Acts 1969, No. 465, Art. 6, § 1; A.S.A. 1947, § 3-601; Acts 1993, No. 717, §§ 1, 3; 1995, No. 876, § 1; 1995 (1st Ex. Sess.), No. 7, § 1; 1997, No. 451, § 1; 1999, No. 455, § 1; 2003, No. 1165, § 2; 2003, No. 1295, § 2; 2007, No. 694, § 1; 2009, No. 250, § 3; 2009, No. 1480, § 15; 2013, No. 546, § 1; 2013, No. 1126, § 4; 2013, No. 1211, § 2; 2013, No. 1389, § 3; 2015, No. 103, § 8; 2017, No. 707, § 8.

Amendments. The 2009 amendment by No. 250 substituted “establish” for “fix” or variant in three places in (a)(2)(A), and made minor stylistic changes.

The 2009 amendment by No. 1480 rewrote the section.

The 2013 amendment by No. 546 rewrote (d)(3).

The 2013 amendment by No. 1126 substituted “Mapping and Graphics Section of the Planning and Research Division” for “Cartography Section” in (c)(2)(C).

The 2013 amendment by No. 1211 rewrote (a), (b) and (c).

The 2013 amendment by No. 1389 added (e).

The 2015 amendment inserted “Systems” in (b)(4)(B)(iii), (c)(1)(B), and (c)(2)(D).

The 2017 amendment, in (c)(2)(C), substituted “Geographic Information Systems and Mapping” for “Mapping and Graphics”, and substituted “Department of Transportation” for “State Highway and Transportation Department”.

Case Notes

Allegations.

Where complainant's only allegation of irregularity in local option election was that the election was invalid because there was no duly established precinct known as Union Precinct in existence as required by this section, allegation was a conclusion of law and not a statement of facts upon which relief could be granted and complaint was dismissed without prejudice. Spires v. Members of Election Comm'n, 302 Ark. 407, 790 S.W.2d 167 (1990).

Inaccurate Precinct Boundaries.

Where the minutes of the meeting of a county election commission did not intelligently and accurately set out the boundaries of proposed precincts, which were to exist only for the upcoming general election, the precincts were not validly established in the manner required by this section. Glover v. Russell, 260 Ark. 609, 542 S.W.2d 751 (1976).

Lack of Formal Order.

Where the challenged election precinct had existed in fact through at least three elections, its boundaries had not been questioned by anyone, and it had been recognized by the election officials and voters as a valid precinct, the lack of a formal order approving the creation of the new precinct was a mere technicality, and the precinct was a valid legal precinct. Goodall v. Adams, 277 Ark. 261, 640 S.W.2d 803 (1982).

Because the complainants did not seek to remedy a precinct boundary problem until after the election, the requirement of filing an order describing precinct's boundaries became directory, not mandatory. Spires v. Compton, 310 Ark. 431, 837 S.W.2d 459 (1992).

School Districts.

School districts being political townships for the purpose of school elections, general election law governed conduct of such elections and required the county board of election commissioners to lay out and designate the voting precincts in the school districts. Christenson v. Felton, 226 Ark. 985, 295 S.W.2d 361 (1956) (decision under prior law).

The designation of voting precincts in a school district election, mandatory before election, became directory after the election so that voters otherwise qualified would not be disfranchised by failure of the election commissioners to perform their duties and so that votes of such voters would be counted. Christenson v. Felton, 226 Ark. 985, 295 S.W.2d 361 (1956) (decision under prior law).

Although as a general rule a voter must vote in the ward or precinct in which he resides, votes of otherwise qualified voters in a school district election in which the election commissioners failed to designate voting precincts are not void because cast in the wrong precinct for in the absence of designated precincts there could be no showing of voting in the wrong precincts. Christenson v. Felton, 226 Ark. 985, 295 S.W.2d 361 (1956) (decision under prior law).

Notes of Decisions

Cited in 5 cases (2 in the last 5 years), 1990–2024 · leading case: Spires v. Members of Election Comm'n, 790 S.W.2d 167 (Ark. 1990).

Sort: Relevance Newest Treatment

Spires v. Members of Election Comm'n, 790 S.W.2d 167 (Ark. 1990). · cites it 11× “The only allegation of irregularity in the election is that the “election is invalid as there is no duly established precinct known as Union Precinct in existence as required by Ark. Code Ann. § 7-5-101 .” This allegation is a conclusion of law and not a statement of facts upon…”

Spires v. Compton, 837 S.W.2d 459 (Ark. 1992). · cites it 7× “In the first appeal, appellants, liquor store owners, challenged the validity of a local option election held in Union Precinct, alleging that precinct had not been duly established as required under Ark. Code Ann. § 7-5-101 (1987) (now Repl.”

Frank Barton, Anita Bell, & James Pulliaum, in Their Off. Capacities as the Crittenden Cnty. Bd. of Election Commissioners v. Shirley P. Brown & Lavonda L. Taylor, 2024 Ark. 152 (Ark. 2024). · cites it 30× “” Ark. Code Ann. § 7-5-101 (d)(1). The statutory definition of polling site includes early-voting locations.”

Frank Barton, Anita Bell, & James Pulliaum, in Their Off. Capacities as the Crittenden Cnty. Bd. of Election Commissioners v. Shirley P. Brown & Lavonda L. Taylor, 2024 Ark. 152 (Ark. 2024). · cites it 28× “” Ark. Code Ann. § 7-5-101 (d)(1). The statutory definition of polling site includes early-voting locations.”

Jefferson Cnty. Election Comm'n v. Wilkins ex rel. Jefferson Cnty., 547 S.W.3d 58 (Ark. 2018). · cites it 2× “2017) (requiring the CBEC to allocate a sufficient number of ballot boxes at each polling site and to appoint election officials); Ark. Code Ann. § 7-5-101 (Supp. 2017) (stating that the CBEC shall establish election precincts and designate polling sites for each precinct); Ark.”

— Ark. Code Ann. § 7-5-101(b)(1) — 1 case

Frank Barton, Anita Bell, & James Pulliaum, in Their Off. Capacities as the Crittenden Cnty. Bd. of Election Commissioners v. Shirley P. Brown & Lavonda L. Taylor, 2024 Ark. 152 (Ark. 2024). “” Ark. Code Ann. § 7-5-101 (d)(1). The statutory definition of polling site includes early-voting locations.”

— Ark. Code Ann. § 7-5-101(c) — 1 case

Spires v. Members of Election Comm'n, 790 S.W.2d 167 (Ark. 1990). “The only allegation of irregularity in the election is that the “election is invalid as there is no duly established precinct known as Union Precinct in existence as required by Ark. Code Ann. § 7-5-101 .” This allegation is a conclusion of law and not a statement of facts upon…”

— Ark. Code Ann. § 7-5-101(d) — 2 cases

Frank Barton, Anita Bell, & James Pulliaum, in Their Off. Capacities as the Crittenden Cnty. Bd. of Election Commissioners v. Shirley P. Brown & Lavonda L. Taylor, 2024 Ark. 152 (Ark. 2024). “” Ark. Code Ann. § 7-5-101 (d)(1). The statutory definition of polling site includes early-voting locations.”

— Ark. Code Ann. § 7-5-101(d)(1) — 2 cases

Frank Barton, Anita Bell, & James Pulliaum, in Their Off. Capacities as the Crittenden Cnty. Bd. of Election Commissioners v. Shirley P. Brown & Lavonda L. Taylor, 2024 Ark. 152 (Ark. 2024). “” Ark. Code Ann. § 7-5-101 (d)(1). The statutory definition of polling site includes early-voting locations.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.