Arkansas Code Annotated
Ark. Code Ann. § 7-5-316 (2026)
Presence of candidate — Designation of representatives
✓ current as of May 2026
- After the polls have been closed, the counting of votes shall be open to the public, and any candidate or political party may be present in person or by representative designated in writing pursuant to § 7-5-312 at the count of the ballots in any election for the purpose of determining whether or not the ballots in any election precinct are fairly and accurately counted.
- The representatives of political parties may be designated and authorized by either the chair or the secretary of the state or county committee, and representatives of candidates may be designated and authorized by the candidate represented.
History. Acts 1969, No. 465, Art. 7, § 15; 1971, No. 261, § 12; A.S.A. 1947, § 3-715; Acts 1997, No. 451, § 27; 2003, No. 1154, § 2; 2009, No. 1480, § 29.
Amendments. The 2009 amendment deleted the last sentence in (a).
Case Notes
Violations.
There was no violation of this section where the voting tabulator was located near the rail in the courtroom of the courthouse, people were allowed on either side of the rail during the process, and no barrier existed in the courtroom which would preclude observation of the tabulating process. McGruder v. Phillips County Election Comm'n, 850 F.2d 406 (8th Cir. 1988).