Ark. Code Ann. » Title 7 Chapter 05
Arkansas Code Annotated

Ark. Code Ann. § 7-5-304 (2020)

Opening and closing polls — Time

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
Find cases: SyfertCases citing this section JustiaArk. Code CornellLII Search CasesGoogle Scholar
  1. The polls shall be opened at 7:30 a.m., and they shall remain open continuously until 7:30 p.m.
  2. In all counties, when the polls close, all persons who have presented themselves for voting and who are then in line at the polling site shall be permitted to cast their votes.
    1. A person who votes in an election as a result of a federal or state court order or any other order extending the time established for closing the polls may vote in that election only by casting a provisional ballot.
    2. The ballot shall be separated and held apart from other provisional ballots cast by those not affected by the order.

History. Acts 1969, No. 465, Art. 7, § 1; 1981, No. 104, § 1; A.S.A. 1947, § 3-701; Acts 1993, No. 515, § 1; 2007, No. 1020, § 6; 2009, No. 959, § 10.

Amendments. The 2007 amendment added (b).

The 2009 amendment added (c), and made a minor punctuation change.

Case Notes

Early Closing.

Where there was no showing that early closing resulted in denial of privilege to vote, the failure to strictly comply with former similar section had no effect on the validity of the election. Rogers v. Mason, 246 Ark. 1, 436 S.W.2d 827 (1969) (decision under prior law).

Extension of Voting Hours.

This section was clear that polls opened at 7:30 a.m. on the day of the election and closed at 7:30 p.m. and there was no provision in the Arkansas Election Code authorizing an extension of voting times by the judiciary; thus, the circuit court judge's order extending voting hours was void. Republican Party of Ark. v. Kilgore, 350 Ark. 540, 98 S.W.3d 798 (2002).

Notes of Decisions
Cited in 2 cases, 2002–2014 · leading case: Arkansas State Bd. of Election Commissioners v. Pulaski Cnty. Election Comm'n, 2014 Ark. 236, 437 S.W.3d 80.
Sort: Relevance Newest Treatment
Arkansas State Bd. of Election Commissioners v. Pulaski Cnty. Election Comm'n, 2014 Ark. 236, 437 S.W.3d 80. · cites it 2× “A.C.A. § 7-5-304(c). . §§ 7 — 5—308(a)( 1); 7-5-312(e),(h).”
Repub. Party of Arkansas v. Kilgore, 98 S.W.3d 798 (Ark. 2002). · cites it 4× “See Ark.Code Ann. § 7-5-304 (Repl.2000). Persons who have presented themselves for voting and who are in line at the polling place to do so when the polls close are permitted to vote.”
Ark. Code Ann. § 7-5-304(c): 1 case
Arkansas State Bd. of Election Commissioners v. Pulaski Cnty. Election Comm'n, 2014 Ark. 236, 437 S.W.3d 80. “A.C.A. § 7-5-304(c). . §§ 7 — 5—308(a)( 1); 7-5-312(e),(h).”
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.