Ark. Code Ann. § 7-5-209 (2026)
Ballots — Correction of errors
Whenever it shall appear by affidavit that an error or omission has occurred in the publication of the names or description of candidates nominated for office or in the preparation of ballots, the county board of election commissioners shall in a public meeting announce the error or omission and immediately correct the error or omission or show cause why the correction should not be done.
History. Acts 1969, No. 465, Art. 6, § 12; A.S.A. 1947, § 3-612; Acts 1997, No. 451, § 14; 2009, No. 1480, § 21.
Amendments. The 2009 amendment substituted “preparation” for “printing.”
Case Notes
Failure to Seek Correction.
Candidate who had paid his filing fee to the wrong treasurer and charged that he was denied a place on the ballot through racial discrimination should have sought relief under former law governing correction of errors in ballots before seeking injunctive relief in federal court. Bynum v. Burns, 379 F.2d 229 (8th Cir. 1967) (decision under prior law).
Judgment invalidating election because of defects in ballots would not be reversed because of the failure of the contestors to comply with former similar law where the defendant election commissioners did not raise the question of the absence of an affidavit either by pleading or objection in the trial court. Gregory v. Gordon, 243 Ark. 635, 420 S.W.2d 825 (1967) (decision under prior law).
Nature of Remedy.
Preelection remedy to correct error on ballot is mandatory but may only be directive after the election and action to void election was properly denied. McFarlin v. Kelly, 246 Ark. 1237, 442 S.W.2d 183 (1969) (decision under prior law).
Cited: Garner v. Holland, 264 Ark. 536, 572 S.W.2d 589 (1978).