Arkansas Code Annotated

Ark. Code Ann. § 7-5-407 (2026)

Preparation and delivery of ballots

✓ current as of May 2026

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1. The county board of election commissioners shall prepare official absentee ballots and deliver them to the county clerk for mailing to all qualified applicants as soon as practicable but not later than forty-seven (47) days before a preferential primary election, general election, school election, nonpartisan general election, nonpartisan runoff election, or special election.
2. Upon the receipt of the absentee ballots, the county clerk shall begin delivering ballots to absentee voters as soon as practicable and, no later than forty-six (46) days before the applicable election, shall deliver ballots to those absentee voters who made timely application under:
  1. Section 7-5-406; or
  2. The Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq., as existing on January 1, 2011.
The county board of election commissioners shall prepare official absentee ballots and deliver them to the county clerk for mailing to any qualified applicant as soon as practicable but in any event not later than ten (10) days before all other elections not included in subsection (a) of this section.

History. Acts 1969, No. 465, Art. 9, § 2; 1971, No. 261, § 28; A.S.A. 1947, § 3-902; Acts 1997, No. 1092, § 4; 1999, No. 649, § 1; 2001, No. 1789, § 10; 2007, No. 1049, § 17; 2011, No. 1185, § 7; 2013, No. 1110, § 5.

Amendments. The 2011 amendment substituted “forty-seven (47)” for “thirty-five (35)” in (a)(1); and inserted (a)(2).

The 2013 amendment, in (a)(1), deleted “in any event” following “practicable but” once, “judicial” following “nonpartisan” twice, and “any” following “runoff election, or” once.

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

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).

Cited: Swanberg v. Tart, 300 Ark. 304, 778 S.W.2d 931 (1989); Donn v. McCuen, 303 Ark. 415, 797 S.W.2d 455 (1990); Lewis v. West, 318 Ark. 237, 884 S.W.2d 604 (1994); Mertz v. States, 318 Ark. 239, 884 S.W.2d 264 (1994).

Notes of Decisions

Cited in 7 cases, 1989–2020 · leading case: Swanberg v. Tart, 778 S.W.2d 931 (Ark. 1989).

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Swanberg v. Tart, 778 S.W.2d 931 (Ark. 1989). · cites it 10× “Appellants first contend the March 9 election should be set aside because the time and manner in which it was called violated the absentee voting provisions, particularly Ark. Code Ann. § 7-5-407 (a) (1987), of the state election code.”

Mertz v. States, 885 S.W.2d 853 (Ark. 1994). · cites it 2× “Ark. Code Ann. § 7-5-407 . Fifteen days before the general election, or Monday, October 24, 1994, voters could begin voting under the new “no-excuse early voting law.”

Mertz v. States, 884 S.W.2d 264 (Ark. 1994). · cites it 2× “” Ark. Code Ann. § 7-5-407 (Repl. 1993) (emphasis added).”

Whitfield v. Thurston (E.D. Ark. 2020). · cites it 2× “See Ark. Code Ann. § 7-5-407 (a)(2); see also 52 U.”

Donn v. McCuen, 797 S.W.2d 455 (1990). “1989) (drawing for ballot position not less than thirty-five days prior to election); Ark. Code Ann. § 7-5-407 (1987) (delivering absentee ballots to the county clerk’s office not less than twenty-five days before the election).”

Doty v. Payne, 989 S.W.2d 159 (Ark. 1999). · cites it 2× “We question this assertion. It is clear under our statutes that all local-option elections are held in accordance with the provisions of the general election laws of the state.”

Lewis v. West, 884 S.W.2d 604 (1994). “” Ark. Code Ann. § 7-5-407 (Repl. 1993) (emphasis added).”

— Ark. Code Ann. § 7-5-407(a) — 1 case

Swanberg v. Tart, 778 S.W.2d 931 (Ark. 1989). “Appellants first contend the March 9 election should be set aside because the time and manner in which it was called violated the absentee voting provisions, particularly Ark. Code Ann. § 7-5-407 (a) (1987), of the state election code.”

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