Ark. Code Ann. § 7-5-201 (2026)
Voter qualification
- To be qualified to vote, a person shall have registered at least thirty (30) calendar days immediately prior to the election and in the manner set forth by Arkansas Constitution, Amendment 51.
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“Voting residence” shall be a voter's domicile and shall be governed by the following provisions:
- The domicile of a person is that place in which his or her habitation is fixed and to which he or she has the intention to return whenever he or she is absent;
- A change of domicile is made only by the act of abandonment, joined with the intent to remain in another place. A person can have only one (1) domicile at any given time;
- A person does not lose his or her domicile if he or she temporarily leaves his or her home and goes to another country, state, or place in this state with the intent of returning;
- The place where a person's family resides is presumed to be his or her place of domicile, but a person may acquire a separate residence if he or she takes another abode with the intention of remaining there;
- A married person may be considered to have a domicile separate from that of his or her spouse for the purposes of voting or holding office. For those purposes, domicile is determined as if the person were single; and
- Persons who are temporarily living in a particular place because of a temporary work-related assignment or duty post or as a result of their performing duties in connection with their status as military personnel, students, or office holders shall be deemed residents of that place where they established their home prior to beginning such assignments or duties.
- No person may be qualified to vote in more than one (1) precinct of any county at any one (1) time.
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Except as provided in subdivision (d)(2) of this section and subsection (e) of this section, any person desiring to vote in this state shall:
- Present verification of voter registration to the election official when appearing to vote in person either early or at the polls on election day; or
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When voting by absentee ballot, submit with the ballot verification of voter registration unless the voter is:
- An active duty member of the uniformed services of the United States who is absent from the county on election day because of his or her service;
- A member of the United States Merchant Marine who is absent from the county on election day because of his or her service in the United States Merchant Marine;
- The spouse or dependent of a member identified in subdivision (d)(1)(B)(i) or subdivision (d)(1)(B)(ii) of this section who is absent from the county on election day because of the active duty or service of the member; or
- A member of the Arkansas National Guard who is on state active duty and absent from the county on election day.
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- A person who is a resident of a long-term care or residential care facility licensed by the state is not required to present verification of voter registration before voting.
- A person not required to present verification of voter registration under subdivision (d)(2)(A) of this section shall provide documentation from the administrator of the facility, attesting that the person is a resident of the facility.
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Except as provided in subdivision (d)(2) of this section and subsection (e) of this section, any person desiring to vote in this state shall:
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A person registering to vote by mail and who has not previously voted in a federal election in this state shall:
- Present to the election official a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter when appearing to vote in person either early or at the polls on election day; or
- When voting by mail, submit with the ballot a copy of a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter.
- A person under subdivision (e)(1) of this section shall comply with requirements under this subsection in lieu of complying with subsection (d) of this section.
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The provision of subdivision (e)(1) of this section does not include:
- Persons whose applications are transmitted by state or federal voter registration agencies;
- Persons who are covered by the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq.;
- Persons covered by the Voting Accessibility for the Elderly and Handicapped Act, 52 U.S.C. § 20101 et seq.;
- Persons who are entitled to vote otherwise than in person under any other federal law;
- Persons who register to vote by mail and submit as part of the registration any of the identification documents listed in subdivision (e)(1) of this section; or
- Persons who register to vote by mail and submit with the registration either a driver's license number or at least the last four (4) digits of the individual's Social Security number and with respect to whom a state or local election official matches the license number or Social Security number with an existing state identification record bearing the same number, name, and date of birth as provided in the registration.
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A person registering to vote by mail and who has not previously voted in a federal election in this state shall:
- Any person who receives an absentee ballot according to the precinct voter registration list but who elects to vote by early voting or to vote at his or her polling site on election day shall be permitted to cast a provisional ballot.
History. Acts 1969, No. 465, Art. 7, § 7; A.S.A. 1947, § 3-707; Acts 1987, No. 248, § 7; 1993, No. 716, § 1; 1995, No. 930, § 2; 1995, No. 941, § 2; 1999, No. 1462, § 1; 1999, No. 1471, § 1; 2003, No. 994, § 2; 2005, No. 2193, § 1; 2007, No. 560, § 2; 2013, No. 595, §§ 2, 3; 2017, No. 633, § 5; 2019, No. 462, § 6.
Publisher's Notes. Acts 1969, No. 465, Art. 7, § 7, originally required that to be qualified to vote a person was to have been a resident of the state for one year, of the county for six months, and of the precinct for thirty days. The one year and the six months requirements were held unconstitutional in Smith v. Climer, 341 F. Supp. 123 (1972), and the thirty-day requirement was held unconstitutional in Meyers v. Jackson, 390 F. Supp 37 (1975). Acts 1987, No. 248 removed the statutory residency requirements.
Amendments. The 2007 amendment deleted the second sentence in (a).
The 2013 amendment inserted (d) and redesignated former (d) as (e); substituted “(e)(1)” for “(d)(1)” twice in (e)(2); added “Act, 42 U.S.C. § 1973ff et seq.” at the end of (e)(2)(B); and added “42 U.S.C. § 1973ee et seq.” at the end of (e)(2)(C).
The 2017 amendment substituted “Present verification of voter registration” for “Present proof of identity” in (d)(1)(A); substituted “verification of voter registration” for “a copy of a current and valid photo identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter” in the introductory language of (d)(1)(B); rewrote (d)(1)(B)(i); substituted “United States Merchant Marine” for “merchant marine” twice in (d)(1)(A)(ii); substituted “present verification of voter registration” for “provide proof of identity” in (d)(2)(A) and (d)(2)(B); substituted “A person” for “Any person” in the introductory language of (e)(1); inserted present (e)(2) and redesignated former (e)(2) as (e)(3); substituted “52 U.S.C. § 20301 et seq.” for “42 U.S.C. § 1973ff et seq.” in (e)(3)(B); substituted “52 U.S.C. § 20101 et seq.” for “42 U.S.C. § 1973ee et seq.” in (e)(3)(C); and made a stylistic change.
The 2019 amendment added (d)(1)(B)(iv).
Research References
ALR.
Constitutionality of voter participation provisions for primary elections. 120 A.L.R.5th 125.
Validity of Statute Requiring Proof and Disclosure of Information as Condition of Registration to Vote. 48 A.L.R.6th 181.
Validity of Statute Limiting Time Period for Voter Registration. 56 A.L.R.6th 523.
Validity of Residency and Precinct-Specific Requirements of State Voter Registration Statutes. 57 A.L.R.6th 419.
Voter Identification Requirements as Denying or Abridging Right to Vote on Account of Race or Color Under § 2 of Voting Rights Act, 52 U.S.C. § 10301. 12 A.L.R. Fed. 3d 4 (2016).
Ark. L. Rev.
Brandon Whit Maxey, Legislative Note: A Proposal for a Voter-Identification Law Limiting Voter Disenfranchisement, 67 Ark. L. Rev. 457 (2014).
U. Ark. Little Rock L. Rev.
Survey of Legislation, 2003 Arkansas General Assembly, Election Law, Help America Vote Act, 26 U. Ark. Little Rock L. Rev. 398.
Case Notes
Constitutionality.
The requirements of one year's residence in state and at least six months' residence in the county which formerly appeared in this section were violative of the U.S. Const., Amend. 14, were unconstitutional and could not be enforced. Smith v. Climer, 341 F. Supp. 123 (E.D. Ark. 1972).
The 30-day precinct residency requirement which formerly appeared in this section was unconstitutionally discriminatory in that it did not promote any compelling state interest, unreasonably restricted the right of suffrage and was overbroad. Meyers v. Jackson, 390 F. Supp. 37 (E.D. Ark. 1975).
Proof-of-identity requirement formerly set forth in subdivision (d)(1)(A) of this section was unconstitutional on its face as it imposed a requirement that fell outside the ambit of Ark. Const. art. 3, § 1. Martin v. Kohls, 2014 Ark. 427, 444 S.W.3d 844 (2014).
Absentee Voting.
Where named voters in the instant case did not vote in person for the first time, but registered by mail to vote by absentee ballot and voted by absentee ballot for the first time, that practice was in clear violation of former subdivision (d)(1) and the trial court did not err in ruling that their ballots were disqualified and that their votes would not count in the subsequent runoff election. Tate-Smith v. Cupples, 355 Ark. 230, 134 S.W.3d 535 (2003) (decision under prior law).
Under the separation of powers doctrine, the State Board of Election Commissioners lacked authority to establish a procedure for absentee voters where the General Assembly had provided a method by which an in-person voter could have cured any failure to provide proof of identity, did not provide a similar method for absentee voters, and although the Board had authority to promulgate rules to assure fair and orderly election procedures, it lacked authority to create election procedures. Ark. State Bd. of Election Comm'rs v. Pulaski County Election Comm'n, 2014 Ark. 236, 437 S.W.3d 80 (2014).
Judicial Candidate Qualifications.
Circuit court did not clearly err in determining that an appointed district court judge was a qualified elector of a specific district, thereby qualifying her as a candidate for a position on the Court of Appeals; Ark. Const. Amend. 80, § 16(D) simply requires that justices and judges be qualified electors within the geographical area from which they are chosen and does not contemplate a distinction between “residence” and “domicile”. The appointed judge had established her physical presence in the district by purchasing a home, registering to vote, and assessing personal property there (even though she still owned another home outside the district). Barrett v. Thurston, 2020 Ark. 36 (2020).
Legislative Additions.
Where the Constitution fixes the qualifications for voters, those qualifications cannot be added to by legislative enactment. Rison v. Farr, 24 Ark. 161 (1865) (decision under prior law).
Oath Requirement.
Legislature could require voter to take an oath that he or she would support the Constitution of the state and the United States where the oath was prospective in its operation but, requirement that voter take oath that he or she had not voluntarily borne arms against United States or state was retroactive and unconstitutional as placing requirements on voters in addition to those prescribed by the Constitution. Rison v. Farr, 24 Ark. 161 (1865) (decision under prior law).
Registration.
Appeal by an inmate in an election-related matter was moot because an election had already been held, and the deadlines for placing the inmate's name on the ballot and for registering to vote had already passed; the issue was not capable of repetition, yet evading review, since the inmate did not indicate that he intended to run for President of the United States again in 2016 or later, there was nothing to suggest that, were he to run again, he would have been subjected to the same action, and there were adequate procedures in place for accelerated consideration of election matters. Moreover, there was no substantial public interest shown. Judd v. Martin, 2013 Ark. 136 (2013).
Residency Requirements.
Durational residency requirements cannot be upheld except to the extent they are realistically related to reasonable registration requirements. Meyers v. Jackson, 390 F. Supp. 37 (E.D. Ark. 1975).
Term Limits.
A county initiative setting terms limits for county officials was unlawful and invalid as it conflicted with the general law of the state. Allred v. McLoud, 343 Ark. 35, 31 S.W.3d 836 (2000).