Ark. Code Ann. § 7-5-202 (2026)
Public notice of elections
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It shall be the duty of the county board of election commissioners at least twenty (20) days before each preferential primary and general election and at least ten (10) days before the holding of each general primary, general runoff, school, or special election to give public notice in a newspaper of general circulation in the county of:
- The date of the election;
- The hours of voting on election day;
- The places and times for early voting;
- Polling sites for holding the elections in the county;
- The candidates and offices to be elected at that time;
- The time and location of the opening, processing, canvassing, and counting of ballots; and
- The location where a list of appointed election officials, deputy county clerks, or additional deputies hired to conduct early voting can be found and the date the list is available.
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A person shall not serve as an election official if:
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The person is:
- Married to or related within the second degree of consanguinity to a candidate running for office in the election;
- The spouse of a member of a county board of election commissioners; or
- A county party chair or his or her spouse; and
- Another person makes an objection to his or her service to the county board of election commissioners within ten (10) calendar days after posting the list of officials.
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The person is:
- The public notice shall contain directions for filing an objection to the service of an election official, deputy county clerk, or additional deputy.
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It shall be the duty of the county board of election commissioners at least twenty (20) days before each preferential primary and general election and at least ten (10) days before the holding of each general primary, general runoff, school, or special election to give public notice in a newspaper of general circulation in the county of:
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- At least five (5) days prior to a preferential primary, general primary, general election, general runoff, or special election, a copy of the public notice may be posted at each polling site fixed for holding the election and shall be published in a newspaper of general circulation in the county.
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- At least fifteen (15) days before the beginning of early voting and the election day, each county board of election commissioners or county clerk shall prepare and post in a public place in the county clerk's office its list of appointed election officials, deputy county clerks, or additional deputies hired to conduct early voting.
- The list may appoint election officials, deputy county clerks, or additional deputies hired to conduct early voting in the event of a runoff election.
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On the day of any election, the following shall be posted at each polling site and remain posted continuously therein until the polls close:
- The public notice required in subsection (a) of this section;
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- At least two (2) sample ballots, marked with the word “SAMPLE”, of each ballot style that will be used at the polling site.
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If the polling site has more than fifteen (15) ballot styles and has posted a sample ballot for each ballot style via an internet website before the beginning of early voting, the polling site may provide the following in lieu of the sample ballots under subdivision (c)(1)(B)(i) of this section:
- At least two (2) bound volumes that include each sample ballot, marked with the word “SAMPLE”; or
- At least one (1) bound volume that includes each sample ballot, marked with the word “SAMPLE”, and at least one (1) electronic device that allows voters to access a sample ballot for each ballot style;
- Two (2) copies of the full text of all measures on the ballot;
- At least two (2) copies of instructions on how to vote, including how to cast a provisional ballot and instructions for fail-safe voting;
- General information on voting rights under applicable federal and state laws, including information on the right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if these rights are alleged to have been violated;
- General information on federal and state laws regarding prohibitions on acts of fraud and misrepresentation;
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- Double-sided signs containing the words “VOTE HERE”.
- Each sign shall be at least two feet by two feet (2' x 2') in size and shall contain an arrow pointing to the polling site.
- A sign shall be posted near each main driveway entrance to the polling site on each public street bordering the polling site so as to be visible to all traffic approaching the polling site.
- The sign shall be as close as possible to the public street without obstructing traffic; and
- One (1) printout from each voting machine, terminal, or ballot tabulator showing that the candidate and question counters register zero (0).
- If a county is providing sample ballots for a specified polling site in bound volumes or electronic databases under subdivision (c)(1)(B)(ii) of this section, the county shall ensure the bound volumes or electronic databases are organized so that a voter may easily identify the sample ballot corresponding with his or her precinct-part.
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On the day of any election, the following shall be posted at each polling site and remain posted continuously therein until the polls close:
- The Secretary of State shall provide to each county board of election commissioners and each county clerk the information to be posted at each polling site according to subdivisions (c)(1)(E) and (F) of this section.
History. Acts 1969, No. 465, Art. 6, §§ 4, 5; A.S.A. 1947, §§ 3-604, 3-605; Acts 1997, No. 451, § 7; 1999, No. 1490, § 3; 2001, No. 474, § 1; 2003, No. 994, § 3; 2005, No. 138, § 1; 2005, No. 1677, § 3; 2007, No. 222, § 4; 2007, No. 556, § 1; 2017, No. 798, § 1; 2019, No. 199, § 1; 2019, No. 258, § 1; 2019, No. 398, § 1; 2019, No. 473, § 3.
Amendments. The 2007 amendment by No. 222 deleted “absentee” preceding “ballots” in (a)(5); added (b)(2) and made a related change; deleted “information” preceding “shall be” in the introductory paragraph of (c); in (c)(2), substituted “At least two (2)” for “A” and “ballots, marked with the word 'SAMPLE', of each ballot style that will be used at the polling site” for “version of the ballot or ballots, that will be used for that election”; inserted present (c)(3) and redesignated the remaining subsections accordingly; rewrote (c)(4); added (c)(7) and (c)(8) and made related changes; and substituted “(c)(5) and (6)” for “(c)(4) and (5)” in (d).
The 2007 amendment by No. 556 added (a)(3) and redesignated the remaining subsections accordingly; and deleted “absentee” preceding “ballots” in (a)(6).
The 2017 amendment redesignated the former introductory language of (a) as the present introductory language of (a)(1); redesignated former (a)(1) through (a)(6) as present (a)(1)(A) through (a)(1)(F); added (a)(1)(G); added (a)(2) and (a)(3); redesignated former (b)(2) as present (b)(2)(A); in present (b)(2)(A), substituted “before the beginning of early voting and the election day” for “prior to the election”, inserted “or county clerk”, and added “deputy county clerks, or additional deputies hired to conduct early voting”; added (b)(2)(B); inserted “terminal, or ballot tabulator” in (c)(8); and made stylistic changes.
The 2019 amendment by No. 199 redesignated former (c) as (c)(1); added (c)(1)(B)(ii); added (c)(2); and made stylistic changes.
The 2019 amendment by No. 258 deleted “deputy county clerk, or additional deputy” preceding “if” in the introductory language of (a)(2); added (a)(2)(A)(ii) and (a)(2)(A)(iii); and redesignated former provisions of (a)(2)(A) as (a)(2)(A)(i).
The 2019 amendment by No. 398 substituted “showing that” for “showing whether” in (c)(8) [now (c)(1)(H)].
The 2019 amendment by No. 473 inserted “school” in the introductory language of (a)(1).
Research References
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
Applicability.
Former similar law applied to elections to fill vacancies in certain offices and did not apply to a city ordinance referred to the people under constitutional amendment. Cowling v. Foreman, 238 Ark. 677, 384 S.W.2d 251 (1964) (decision under prior law).
Compliance.
Strict compliance with notice requirement may be enforced prior to an election, but substantial compliance therewith is sufficient where the great body of the electors are apprised of the fact that an election is to be held. Whitaker v. Mitchell, 179 Ark. 993, 18 S.W.2d 1026 (1929) (decision under prior law).
Failure to Give Notice.
An election was not invalid for failure to comply with former section where the county court's order calling the election was twice published in a county newspaper, and it was apparent from the number of votes cast that the great body of electors had notice of the election. Whitaker v. Mitchell, 179 Ark. 993, 18 S.W.2d 1026 (1929) (decision under prior law).
The people may not be deprived of their right of suffrage due to the failure of officials to perform their ministerial duties to publish notice of the time and place of the election and the question to be submitted. Thompson v. Arkansas, 114 F.2d 351 (8th Cir. 1940) (decision under prior law).
Where there was no action taken to enforce strict compliance with former similar section before an election, which was thoroughly publicized for eight days prior to the holding thereof, the court was justified in refusing to nullify the election after it was held for failure to give 10 days' notice. Cowling v. Foreman, 238 Ark. 677, 384 S.W.2d 251 (1964) (decision under prior law).
Inadequate Advertisement.
Where election on question was not properly advertised and less than one-eighth of voters voted on it, evidence supported finding that there was no valid election on the question. Starrett v. Andrews, 195 Ark. 1078, 115 S.W.2d 549 (1938) (decision under prior law).