Arkansas Code Annotated

Ark. Code Ann. § 7-5-401 (2026)

Duties of county clerk

✓ current as of May 2026
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  1. The county clerk shall be the custodian of the absentee ballots and early voting ballots for any early voting conducted by the county clerk.
  2. The county clerk shall be furnished a suitable room at the county courthouse or other location designated for the purpose of exercising all the powers and duties concerning the application for, the issuance of, and the voting of absentee and early voting ballots required by law of the county clerk.
  3. In counties with more than one (1) county seat, the county clerk shall conduct:
    1. Absentee voting in the courthouse or other room provided by the county; and
    2. Early voting at the county clerk's designated early voting location in each county seat if the county clerk conducts early voting under § 7-5-418.

History. Acts 1969, No. 465, Art. 9, § 1; A.S.A. 1947, § 3-901; Acts 1995, No. 686, § 1; 1995, No. 948, § 1; 2005, No. 67, § 10; 2007, No. 556, § 2.

Amendments. The 2007 amendment added the (a) and (b) designations; deleted “at the courthouse” following “clerk” in (a); substituted “or other location designated for the purpose of exercising” for “and shall exercise” in (b); and added (c)

Case Notes

Mandamus.

Where the county clerk was unable to fully perform his statutory duty until the county election commissioners prepared and furnished him the requested absentee ballots, the county clerk had the legal right and standing to seek and secure a writ of mandamus to compel the commissioners to supply the absentee ballots required by law. Swiderski v. Goggins, 257 Ark. 228, 515 S.W.2d 644 (1974).

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2006–2024 · leading case: Clement v. Daniels, 235 S.W.3d 521 (Ark. 2006).
Clement v. Daniels, 235 S.W.3d 521 (Ark. 2006). · cites it 4× “Absentee voting under Ark.Code Ann. §§ 7-5-401 through 7-5-417 (Repl.”
Frank Barton, Anita Bell, & James Pulliaum, in Their Off. Capacities as the Crittenden Cnty. Bd. of Election Commissioners v. Shirley P. Brown & Lavonda L. Taylor, 2024 Ark. 152 (Ark. 2024). · cites it 4× “The Board also cites Ark. Code Ann. § 7-5-401 (b) and (c) (Repl.”
Frank Barton, Anita Bell, & James Pulliaum, in Their Off. Capacities as the Crittenden Cnty. Bd. of Election Commissioners v. Shirley P. Brown & Lavonda L. Taylor, 2024 Ark. 152 (Ark. 2024). · cites it 4× “The Board also cites Ark. Code Ann. § 7-5-401 (b) and (c) (Repl.”
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