Ark. Code Ann. § 7-5-308 (2026)

1. Except as provided under subsection (b) of this section, if a voter is required by law to cast a provisional ballot, the provisional ballot shall be cast pursuant to the following procedures:
   1. A poll worker shall notify the voter that the voter may cast a provisional ballot in that election;
   2. The voter shall execute a written eligibility affirmation under penalty of perjury in the presence of the poll worker stating that he or she is a registered voter in the precinct in which he or she desires to vote and is eligible to vote;
   3. Unless a provisional ballot is cast using a ballot marking device, the poll worker shall initial the back of the provisional ballot, remove the provisional ballot stub from the provisional ballot, and place the stub in the stub box provided;
   4. The voter shall mark his or her provisional ballot;
   5. The voter shall place the voted provisional ballot in a provisional ballot secrecy envelope marked “provisional ballot” and seal the envelope;
   6. The voter shall place the sealed provisional ballot envelope containing the voted provisional ballot in a voter envelope, seal the envelope, and give it to the poll worker;
   7. The poll worker shall provide the voter written information instructing him or her on how to determine whether his or her provisional ballot was counted, and if not, the reason the provisional ballot was not counted; and
   8. The poll worker shall make a separate list of the names and addresses of all persons voting a provisional ballot under this subsection, and each person voting a provisional ballot shall sign his or her name to this list.
2. If a voter is required by law to cast a provisional ballot because the voter is unable to verify his or her registration by providing a document or identification card that meets the requirements of Arkansas Constitution, Amendment 51, § 13, the provisional ballot shall be cast pursuant to the following procedures:
   1. The poll worker shall indicate on the precinct voter registration list that the voter did not present a required document or identification card;
   2. The poll worker shall notify the voter that the voter may cast a provisional ballot in that election;
   3. The voter shall execute a written eligibility affirmation under penalty of perjury in the presence of the poll worker stating that he or she is a registered voter in the precinct in which he or she desires to vote and is eligible to vote;
   4. 1. The poll worker shall inform the voter that the voter may complete a sworn statement stating that the voter is registered to vote in this state and that he or she is the person who is registered to vote.
      2. A sworn statement completed under subdivision (b)(4)(A) of this section is not required to be notarized, but the voter shall execute the sworn statement under penalty of perjury.
      3. The sworn statement under subdivision (b)(4)(A) of this section shall be delivered to the county board of election commissioners so that the provisional ballot may be counted under subsection (f) of this section;
   5. Unless a provisional ballot is cast using a ballot marking device, the poll worker shall initial the back of the provisional ballot, remove the provisional ballot stub from the provisional ballot, and place the stub in the stub box provided;
   6. The voter shall mark his or her provisional ballot;
   7. The voter shall place the voted provisional ballot in a provisional ballot secrecy envelope marked “provisional ballot” and seal the envelope;
   8. The voter shall place the sealed provisional ballot envelope containing the voted provisional ballot in a voter envelope, seal the envelope, and give it to the poll worker;
   9. The poll worker shall provide the voter written information instructing him or her on how to determine whether his or her provisional ballot was counted, and if not, the reason the ballot was not counted; and
   10. The poll worker shall make a separate list of the names and addresses of all persons voting a provisional ballot under this subsection, and each person voting a provisional ballot shall sign his or her name to this list.
3. The poll worker shall preserve, secure, and separate all provisional ballots under subsections (a) and (b) of this section from the remaining ballots so that the right of any person to vote may be determined later by the county board of election commissioners or the court in which an election contest may be filed.
4. 1. Whenever a person casts a provisional ballot under this section, the poll worker shall provide the voter written information that states that the individual who casts a provisional ballot will be able to ascertain whether the provisional vote was counted, and if not, the reason the provisional vote was not counted.
   2. The Secretary of State shall establish a free access system to allow a provisional voter under this section to ascertain whether his or her provisional vote was counted, and if not, the reason his or her provisional vote was not counted.
   3. Access to information about an individual provisional ballot shall be restricted to the voter who cast the provisional ballot.
5. 1. Before certification of the results of the election, the county board of election commissioners shall determine whether the provisional ballots are valid.
   2. Unless enjoined by a court of competent jurisdiction, a provisional ballot under subsection (a) of this section shall be counted if:
      1. It is cast by a registered voter and is the correct ballot, according to the precinct listed on the voter's eligibility affirmation, for the precinct of the voter's residence; and
      2. The county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds.
6. Unless enjoined by a court of competent jurisdiction, a provisional ballot under subsection (b) of this section shall be counted if:
   1. 1. The voter completes a sworn statement at the polling site when voting either early or at the polls on election day stating that the voter is registered to vote in this state and that he or she is the person registered to vote; and
      2. The county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds; or
   2. 1. The voter returns to the county board of election commissioners or the county clerk by 12:00 noon on the Monday following the election and presents a document or identification card that complies with the requirements of Arkansas Constitution, Amendment 51, § 13; and
      2. The county board of election commissioners does not determine that the provisional ballot is invalid and should not be counted based on other grounds.
7. If, upon examination of a provisional ballot under this section, the county board of election commissioners suspects that a violation of the election laws has occurred, the county board of election commissioners may refer the matter to the prosecuting attorney.

History. Acts 1969, No. 465, Art. 7, § 12; A.S.A. 1947, § 3-712; Acts 2007, No. 224, § 4; 2009, No. 1480, § 25; 2017, No. 633, § 7; 2019, No. 109, §§ 1, 2.

Amendments. The 2007 amendment substituted “Provisional ballot procedure” for “Ballots to remain in polling place” in the section heading, and rewrote the section.

The 2009 amendment substituted “poll worker” for “election official” and variants throughout; rewrote (c); deleted former (d) and redesignated the remaining subsections accordingly; and rewrote (d).

The 2017 amendment, in the introductory language of (a), substituted “Except as provided under subsection (b) of this section, if a” for “When the” and inserted “provisional” following “the”; deleted “individual” preceding “voter” twice in (a)(1); inserted “under penalty of perjury” in (a)(2); inserted “provisional” preceding the first two occurrences of “ballot” in (a)(3); inserted “provisional” preceding “ballot secrecy envelope” in (a)(5); inserted “provisional” preceding the second occurrence of “ballot” in (a)(7); added “under this subsection . . . to this list” at the end of (a)(8); inserted present (b); redesignated former (b)-(d) as present (c)-(e); inserted “under subsections (a) and (b) of this section” in (c); in (d)(1) and (d)(2), inserted “under this section” and substituted “provisional vote” for “vote” twice; substituted “voter who cast the provisional ballot” for “individual who cast the ballot” in (d)(3); inserted “under subsection (a) of this section” in the introductory language of (e)(2); added (e)(2)(B); inserted (f); redesignated former (e) as (g); in (g), substituted “a provisional ballot under this section” for “any provisional ballots” and inserted “of election commissioners”; and made stylistic changes.

The 2019 amendment added “Unless a provisional ballot is cast using a ballot marking device” in (a)(3) and (b)(5).