Ark. Code Ann. § 7-5-402 (2026)
Voter qualification
The following persons, if possessing the qualifications of electors, may cast an absentee ballot in any election:
- Any person who will be unavoidably absent from his or her voting place on the day of the election; and
- Any person who will be unable to attend the polls on election day because of illness or physical disability.
History. Acts 1969, No. 465, Art. 9, § 3; A.S.A. 1947, § 3-903; Acts 1993, No. 593, § 1; 1995, No. 686, § 2; 1995, No. 948, § 2.
Research References
Ark. L. Notes.
Cihak, 2007 Election Law Issues, Legislation and Reforms, 2007 Ark. L. Notes 1.
Case Notes
Illness or Physical Disability.
Where voter was visiting his sick father-in-law in a hospital but was not ill or physically disabled himself, he was not unavoidably absent because of illness or physical disability. Roach v. Kirk, 228 Ark. 958, 311 S.W.2d 525 (1958) (decision under prior law).
Reason for Absence.
An elector who gives as his reason for voting by absentee ballot the words “out of town” is in substantial compliance with the law as he would obviously be unavoidably absent from his voting precinct. Lehigh v. Wooley, 240 Ark. 976, 403 S.W.2d 79 (1966) (decision under prior law).
Evidence sufficient to show unavoidable absence warranting vote by absentee ballot. Simonetti v. Brick, 266 Ark. 551, 587 S.W.2d 16 (1979).
It is not essential that the voter give more than the primary reason he will be unavoidably absent from his voting place. Forrest v. Baker, 287 Ark. 239, 698 S.W.2d 497 (1985).
“Unable to get to poll,” “work,” “my age, I cannot get there,” “will not be able to get to the poll before 6:30,” “my husband doesn't get home from work in time,” and “sickness in the family” are all valid reasons given on the absentee ballot application, when there is no allegation that any of the applications are false or that any of the voters can get to their polling places. Forrest v. Baker, 287 Ark. 239, 698 S.W.2d 497 (1985).
The court properly invalidated the ballots of 495 absentee voters for failure to indicate on their absentee-ballot applications a statutory reason for voting absentee. Womack v. Foster, 340 Ark. 124, 8 S.W.3d 854 (2000).