Ark. Code Ann. § 7-5-317 (2020)
Processing and delivery of election materials
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After the polls close, all of the election materials shall be processed and delivered in the following manner:
- The poll workers shall total the number of voters on the list-of-voters form and certify and attest the form;
- The list-of-voters form, precinct voter registration list, voter registration application forms, and other recordkeeping supplies shall be delivered to the county clerk;
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Certificates of election results and tally sheets:
- One (1) copy of the certificate of election results with one (1) copy of the tally sheets, if any, shall be delivered to the county clerk; and
- One (1) copy of the certificate of election results shall be returned with one (1) copy of the tally sheets, if any, and reports of challenges of voters, if any, to the county board of election commissioners;
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Ballots:
- The poll workers shall securely envelope any voted ballots separately from any unused ballots and place the ballots in a container with a numbered seal and then deliver the ballots with the tally sheets, if any, and other election materials to the county board of election commissioners; and
- All cancelled ballots shall be preserved separately from the other ballots and returned to the county board of election commissioners; and
- Sealed stub boxes shall be delivered to the county board of election commissioners for storage.
- All of the election materials, stub boxes, and returns shall be delivered to the county board of election commissioners by the poll workers immediately after the polls close.
History. Acts 1969, No. 465, Art. 7, § 18; A.S.A. 1947, § 3-718; 1995, No. 946, § 9; Acts 1995, No. 963, § 9; 1997, No. 451, § 28; 2001, No. 797, § 1; 2005, No. 67, § 9; 2009, No. 959, § 15; 2009, No. 1480, § 30; 2013, No. 236, § 1; 2017, No. 621, §§ 1, 2.
Amendments. The 2009 amendment by No. 959 inserted (a)(2) and redesignated the remaining subdivision accordingly; and in (a)(4)(A) and (b), substituted “poll workers” for “election officials” and inserted “of election commissioners.”
The 2009 amendment by No. 1480 rewrote (a); and substituted “poll workers” for “election official” in (b).
The 2013 amendment inserted “or to the county treasurer in the case of the stub boxes” in (b).
The 2017 amendment substituted “county board of election commissioners” for “county treasurer” in (a)(5); and, in (b), inserted “stub boxes” and deleted “or to the county treasurer, in the case of the stub boxes” following “election commissioners”.
Case Notes
Certificate as Evidence.
Court properly refused to cast out absentee votes and allowed certificate of results in evidence where ballot box and ballots were lost or destroyed, but there was no evidence showing fraud or corruption or challenging correctness of certificate. Newport v. Smith, 236 Ark. 626, 367 S.W.2d 742 (1963) (decision under prior law).
Return of Election Materials.
It is not a violation of the federal Voting Rights Act to use the sheriff's office and personnel to return election materials as a fact of fiscal necessity due to the county's limited budget although it would be a violation of state law. McGruder v. Phillips County Election Comm'n, 850 F.2d 406 (8th Cir. 1988).
Statute Mandatory.
Former law detailing method of delivery of ballots, certificate and other materials was mandatory. Brooks v. Pullen, 187 Ark. 80, 58 S.W.2d 682 (1933) (decision under prior law).
Voting Lists.
Persons contesting local option election had a statutory right to examine voting list which election officials had sealed in ballot boxes. Baker v. Boone, 230 Ark. 843, 327 S.W.2d 85 (1959) (decision under prior law).
Voter lists and list of persons applying for absentee ballots were public records and could be copied as well as inspected. Whorton v. Gaspard, 239 Ark. 715, 393 S.W.2d 773 (1965) (decision under prior law).
Cited: Ashcraft v. Cox, 310 Ark. 703, 839 S.W.2d 219 (1992).