Ark. Code Ann. § 7-5-409 (2026)

1. 1. 1. The county clerk must satisfy himself or herself that the applicant for an absentee ballot is a qualified registered elector in the ward, precinct, or township in which he or she claims to be a resident or that the applicant does not require prior registration under § 7-5-406.
      2. The county clerk shall verify that the application has been properly signed by the applicant and, if necessary, the designated bearer, administrator, or authorized agent. If the application is not properly signed, the application shall be rejected by the county clerk.
      3. The county clerk shall notify the applicant of the reason for the rejection.
   2. If the county clerk is unable to contact the applicant to cure the deficiency, the county clerk shall forward the application with the reason for the rejection to the county board of election commissioners. The county board of election commissioners shall determine whether the applicant is a qualified elector.
2. If the applicant is registered or is otherwise eligible to vote absentee, the county clerk, prior to mailing or delivering the ballot, shall detach the ballot stub and deposit the ballot stub into a sealed box designated as “Absentee Stub Box” and deliver to the applicant or to the applicant's designated bearer, authorized agent, or administrator for delivery to the applicant the following materials:
   1. An official absentee ballot for each election named in the application;
   2. Instructions for voting and returning the official absentee ballot to the county clerk;
   3. An official absentee ballot secrecy envelope on which there shall be written or printed the words “Ballot Only”;
   4. 1. 1. A voter statement.
         2. The voter statement shall include the following heading in bold capitalized letters: “THIS VOTER STATEMENT MUST BE COMPLETED AND RETURNED IN THE MAILING ENVELOPE OR THE ABSENTEE BALLOT WILL NOT BE COUNTED.”
         3. The voter statement shall include the following statement in bold capitalized letters at the bottom of the page: “THE INFORMATION I HAVE PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE UNDER PENALTY OF PERJURY. IF I HAVE PROVIDED FALSE INFORMATION, I MAY BE SUBJECT TO A FINE OF UP TO TEN THOUSAND DOLLARS ($10,000) OR IMPRISONMENT FOR UP TO TEN (10) YEARS, OR BOTH, UNDER FEDERAL OR STATE LAWS.”
         4. The voter statement shall include a statement that the voter resides at the address on his or her application.
         5. The voter statement shall include a statement for a first-time voter who registers by mail: “If I am a newly registered voter of this county and this is the first time I am voting in this county, I am enclosing a copy of a current and valid photo identification card or a current utility bill, bank statement, government check, paycheck, or other government document that shows my name and address.”
      2. Blanks shall be provided for the voter to provide his or her printed name, signature, address, date of birth, printed name and address of the administrator, authorized agent, or designated bearer, signature of administrator, authorized agent, or designated bearer, and address of the administrator, authorized agent, or designated bearer;
      3. 1. The voter statement shall include a sworn statement portion that may be completed by the voter stating that the voter is registered to vote and that he or she is the person who is registered.
         2. The sworn statement portion of the voter statement is not required to be notarized, but the voter shall execute the sworn statement under penalty of perjury;
   5. A sealable envelope upon which shall be printed or written the words: “Return Envelope”, the address of the county clerk, the precinct of the voter, and the words: “ABSENTEE BALLOT, , , ELECTION”; and
   6. An authorized agent authorization form, as follows:
3. 1. Except for absentee ballots mailed to an address outside the county in which the applicant is registered, an absentee ballot shall be mailed to the address that appears on the applicant's registration record or absentee ballot application if the voter is temporarily at a different address.
   2. The county clerk shall not mail more than two (2) absentee ballots to the same address unless:
      1. The address is outside the territorial limits of the United States;
      2. The address is for a long-term care or residential care facility licensed by the state; or
      3. There are more than two (2) persons lawfully registered at the same address.
4. The county clerk shall not deliver an absentee ballot to any person other than the absentee voter unless the person picking up the ballot provides current and valid photographic identification to the county clerk that he or she is:
   1. The voter's:
      1. Designated bearer; or
      2. Authorized agent; or
   2. The administrator of a long-term care or residential care facility licensed by the state in which the voter resides.
5. The county clerk shall not provide more than two (2) absentee ballots per election to any designated bearer or authorized agent, nor shall the county clerk accept delivery of more than two (2) absentee ballots per election from any designated bearer or authorized agent.
6. A designated bearer shall be allowed to pick up only two (2) absentee ballots from the county clerk only during the fifteen (15) days prior to a school election, special election, preferential primary election, or general election and seven (7) days prior to a runoff election, including a general primary election.
7. Upon delivery of an absentee ballot to an individual authorized to receive an absentee ballot, the county clerk shall mark the electronic voter registration list and the precinct voter registration list to indicate that an absentee ballot has been delivered to the voter.

“AGENT AUTHORIZATION FORM

If applicable, fill out and sign this form and place it in the Return Envelope

I hereby authorize (insert his or her name) as my authorized agent, to deliver this ballot as I am medically unable to vote on election day. An affidavit verifying my medical status as unable to deliver the application or to vote on the day of the election is attached or has been provided with my application.

Signature of voter

Printed name of voter

Address of voter

Date of birth of voter.”

History. Acts 1969, No. 465, Art. 9, § 7; 1971, No. 261, § 25; 1983, No. 430, § 4; 1985, No. 567, § 3; 1985, No. 568, § 3; A.S.A. 1947, § 3-907; Acts 1987, No. 843, § 3; 1989, No. 912, § 8; 1993, No. 1201, § 3; 1995, No. 103, § 1; 1997, No. 1092, § 6; 1999, No. 918, § 2; 1999, No. 1243, §§ 1, 2; 1999, No. 1344, § 1; 1999, No. 1538, § 1; 2001, No. 1379, § 1; 2003, No. 647, § 1; 2003, No. 994, § 10; 2003, No. 1202, § 2; 2003, No. 1275, §§ 2, 3; 2005, No. 880, § 4; 2005, No. 2193, § 3; 2007, No. 543, § 4; 2007, No. 556, § 7; 2009, No. 26, § 2; 2009, No. 250, §§ 9, 10; 2009, No. 375, § 2; 2013, No. 1424, §§ 6-8; 2017, No. 633, § 11.

A.C.R.C. Notes. The amendment of subdivision (b)(5) of this section by Acts 2003, No. 647, conflicted with the amendments to the subdivision by Acts 2003, Nos. 994, 1202, and 1275. Consequently, pursuant to § 1-2-207, the amendment was not implemented.

Acts 2003, No. 647 amended (b)(5) to read as follows:

“A blank voter statement in the following form:

“‘I reside at the address indicate on my application.

“I have enclosed my ballot stub and my marked ballot in the envelope. I will not vote again in this election.

“THE INFORMATION I HAVE PROVIDED IS TRUE TO THE BEST OF MY KNOWLEDGE UNDER PENALTY OF PERJURY. IF I HAVE PROVIDED FALSE INFORMATION, I MAY BE SUBJECT TO A FINE OF UP TO TEN THOUSAND DOLLARS ($10,000) OR IMPRISONMENT FOR UP TO TEN (10) YEARS, OR BOTH, UNDER FEDERAL OR STATE LAWS.

“signature of voter

“printed name of voter

“address of voter

“date of birth of voter

“signature of designated bearer, relative or authorized agent

“address of designated bearer, relative or authorized agent; and”

Amendments. The 2007 amendment by No. 543 substituted “the voter's designated bearer, authorized agent, or the administrator of a long-term care or residential care facility licensed by the state” for “the person authorized by the absentee voter to pick up the ballots” in (d); deleted former (e) and (g) and redesignated the remaining subsections accordingly; inserted “or authorized agent” twice in present (e); and rewrote present (f).

The 2007 amendment by No. 556 substituted “or to the applicant's designated bearer, authorized agent, or administrator for delivery to the applicant” for “or deliver pursuant to subsections (d)-(f) of this section to the person who delivers the application to the office of the county clerk pursuant to § 7-5-403” in (b); rewrote (b)(4)(A); deleted “and the District of Columbia” following “States” in (c)(2)(A); in (h), inserted “school election, special election” and “primary election” and substituted “ a runoff election, including a general primary election” for “a general primary election”; and substituted “that an absentee ballot has been delivered to the voter” for “that the individual has received an absentee ballot” in (i).

The 2009 amendment by No. 26, in (f), deleted “presidential preferential primary election” preceding “or general election,” and made a minor punctuation change.

The 2009 amendment by No. 250, in the introductory language of (d), substituted “current and valid photographic” for “satisfactory photo,” redesignated the last phrase as (d)(1) and (d)(2), and made related and minor stylistic changes.

The 2009 amendment by No. 375 deleted “presidential preferential primary election” following “preferential primary election” in (f), and made a related change.

The 2013 amendment substituted “does not require prior” for “is exempted from” in (a)(1)(A); inserted “printed name and address of the administrator, authorized agent, or designated bearer” in (b)(4)(B); and inserted “electronic voter registration list and the” in (g).

The 2017 amendment added (b)(4)(C).