Ark. Code Ann. § 7-5-405 (2026)
Application form
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- Applications for absentee ballots may be made on a form or forms prescribed by the Secretary of State and furnished by the county clerk at least sixty (60) days before the election.
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The form or forms shall contain the following information:
- The following statement:
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A statement in which the voter must indicate that he or she is requesting an absentee ballot because he or she will be:
- Unavoidably absent from the polling site on election day;
- Unable to attend the polls on election day because of illness or physical disability; or
- Unable to attend the polls on election day because of residence in a long-term care or residential facility licensed by the state;
- A statement by the voter indicating whether he or she resides outside the county;
- A statement indicating whether the voter is a United States citizen residing outside the territorial limits of the United States;
- A statement indicating whether the voter is in active service as a member of the armed services of the United States;
- Mailing information for the ballot or the name and signature of a designated bearer, an administrator, or an authorized agent;
- The date, the voter's printed or typed name, voting residence address, date of birth, and the voter's signature attesting to the correctness of the information provided under penalty of perjury; and
- The election in which the voter wishes to cast an absentee ballot.
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- The form or forms shall contain a portion to include a sworn statement that may be completed by a voter stating that the voter is registered to vote and that he or she is the person who is registered.
- The sworn statement portion of the form or forms under subdivision (a)(3)(A) of this section is not required to be notarized but shall be executed by the voter under penalty of perjury.
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The Secretary of State may prescribe separate absentee ballot application forms for:
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- Persons who reside within the county in which they are registered to vote and will be unavoidably absent from the polls on the date of the election.
- The application shall be valid for one (1) election cycle, which includes any one (1) election and the corresponding runoff election;
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- Persons whose application would be valid for one (1) calendar year.
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This includes the following:
- Persons who reside outside the county in which they are registered to vote;
- Persons in long-term care or residential facilities licensed by the state; and
- Voters with disabilities; and
- Persons whose applications would be valid through the next regularly scheduled general election for federal office, including any resulting runoff elections.
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- Any person may distribute blank applications for absentee ballots.
“IF YOU PROVIDE FALSE INFORMATION ON THIS FORM, YOU MAY BE GUILTY OF PERJURY AND SUBJECT TO A FINE OF UP TO $10,000 OR IMPRISONMENT FOR UP TO 10 YEARS.”;
History. Acts 1969, No. 465, Art. 9, § 5; 1971, No. 184, § 2; 1983, No. 430, § 2; 1985, No. 1019, § 2; A.S.A. 1947, § 3-905; Acts 1987, No. 843, § 2; 1989, No. 912, § 7; 1993, No. 303, § 2; 1993, No. 1201, § 2; 1995, No. 686, § 5; 1995, No. 948, § 5; 1997, No. 1092, § 2; 1999, No. 918, § 1; 2001, No. 1789, § 9; 2003, No. 1202, § 1; 2003, No. 1275, § 1; 2005, No. 67, § 12; 2007, No. 543, § 3; 2007, No. 556, § 4; 2009, No. 250, §§ 5, 6; 2011, No. 1188, § 2; 2013, No. 1424, § 4; 2017, No. 633, § 10.
Amendments. The 2009 amendment substituted “armed” for “uniformed” in (a)(2)(E); and substituted “an absentee ballot” for “a ballot” in (a)(2)(H).
The 2011 amendment deleted former (b)(3)(B) and redesignated the remaining subdivision as (b)(3).
The 2013 amendment, in (b)(3), deleted “two (2)” following “the next” and substituted “election” for “elections”.
The 2017 amendment added (a)(3).
Research References
U. Ark. Little Rock L. Rev.
Survey of Legislation, 2001 Arkansas General Assembly, Election Law, 24 U. Ark. Little Rock L. Rev. 465.
Case Notes
Delivery Method.
The plain language of both the statute (see now § 7-5-409) and the absentee-ballot application form indicate that an affidavit verifying the voter's medical status is required when an absentee voter authorizes an agent to deliver his or her application to the county clerk, and is not required if the absentee voter chooses any of the other four statutory methods for delivering the absentee-ballot application. Womack v. Foster, 340 Ark. 124, 8 S.W.3d 854 (2000).
Reason for Absence Required.
Where application for absentee ballot was left blank in the space for showing the reason for being absent from the polls, the applicant was not qualified to vote an absentee ballot since under the law the applicant must first show that he would be “unavoidably absent” on the date of election. Roach v. Kirk, 228 Ark. 958, 311 S.W.2d 525 (1958) (decision under prior law).
Strict Compliance Required.
The provisions of law relating to the duties of voters in applying for, and casting, absentee ballots, must be strictly complied with. Bingamin v. City of Eureka Springs, 241 Ark. 477, 408 S.W.2d 607 (1966) (decision under prior law).
Voter's Signature.
The application for absentee ballot must be signed by the voter. Phillips v. Melton, 222 Ark. 162, 257 S.W.2d 931 (1953) (decision under prior law).
Cited: Forrest v. Baker, 287 Ark. 239, 698 S.W.2d 497 (1985).