Ark. Code Ann. § 7-5-411 (2026)
Methods of voting absentee
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Absentee voting may be accomplished in one (1) of the following methods and in no other manner:
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- By delivery of the ballot by mail that must be received in the office of the county clerk of the county of residence of the voter not later than 7:30 p.m. on election day.
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- However, except as provided in subdivision (a)(1)(B)(ii) of this section, by ballots applied for not later than thirty (30) days before the election by qualified electors outside the United States on election day that are signed, dated, postmarked, and mailed by the voters no later than the day of the election and received by the county clerk no later than 5:00 p.m. ten (10) calendar days after the date of the election.
- The absentee ballots of armed services personnel serving in active status shall be counted if received by the county clerk no later than 5:00 p.m. ten (10) calendar days after the date of the election and if the absentee ballots were executed no later than the date of the election.
- Each absentee ballot shall be mailed separately by the voter and shall not be included with any other absentee ballot in a bulk mailing, except that an administrator of a long-term care or residential care facility licensed by the State of Arkansas or hospital may mail the absentee ballots of the residents and patients by bulk mail. Absentee ballots in any bulk mailing not otherwise permitted in this subsection shall not be counted;
- By delivery of the ballot to the county clerk of the county of residence of the voter not later than 7:30 p.m. on election day by the designated bearer, administrator, or the authorized agent of the absentee voter who is medically unable to vote at the regular polling site, upon proper verification of the signature of the voter by the county clerk and validation of the identity of the authorized agent; or
- The voter may deliver the ballot to the county clerk of the county of his or her residence not later than the close of regular business hours on the day before the election.
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- Any person to whom an absentee ballot is delivered according to the precinct voter registration list but who elects to vote by early voting or to vote at his or her polling site on election day shall be permitted to cast a provisional ballot.
History. Acts 1969, No. 465, Art. 9, § 10; 1970 (1st Ex. Sess.), No. 28, § 1; 1981, No. 685, § 2; 1983, No. 430, § 5; 1985, No. 567, § 4; 1985, No. 568, § 4; 1985, No. 612, § 2; 1985, No. 1024, § 1; A.S.A. 1947, § 3-910; Acts 1987, No. 843, § 4; 1989, No. 912, § 9; 1997, No. 1092, § 7; 1999, No. 491, § 1; 1999, No. 1538, § 4; 1999, No. 1586, § 1; 2001, No. 1257, § 1; 2001, No. 1767, § 1; 2003, No. 273, § 1; 2003, No. 1275, § 4; 2005, No. 2193, § 4; 2007, No. 543, § 5; 2007, No. 556, § 8; 2009, No. 250, §§ 11, 12.
Amendments. The 2007 amendment by No. 543 deleted the (a)(2)(A) designation; deleted “upon proper verification of the signature of the voter by the county clerk and validation of the identity of the authorized agent” following “site” in (a)(2); deleted former (a)(2)(B); deleted former (b); and redesignated former (c) as present (b).
The 2007 amendment by No. 556 substituted “delivery of the ballot” for “ballot cast” in (a)(1)(A); substituted “by a qualified elector” for “by qualified electors” in (a)(1)(B)(i); substituted “The absentee ballot” for “Absentee ballots” in (a)(1)(B)(ii); substituted “residential care facility licensed by the State of Arkansas” for “residential facility” in (a)(1)(C); and substituted “to whom an absentee ballot is delivered” for “who receives an absentee ballot” in (c).
The 2009 amendment substituted “armed” for “uniformed” in (a)(1)(B)(ii); and substituted “administrator” for “administrative head” in (a)(1)(C).
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
Election Contest.
Circuit court abused its discretion in ruling that the claimant was attempting to amend his complaint with a new cause of action by offering proof of absentee-ballot irregularities under the miscellaneous other category in the claimant's exhibit, because the claimant was perfectly within his rights to make his allegations of absentee-ballot irregularities for nursing home residents, in particular, more definite and certain by offering proof of those violations. The claimant alleged a valid cause of action and set out a prima facie case with sufficient facts to give reasonable information as to the grounds of the contest, and he proffered absentee applications and voter statements to show why and how the ballots were illegal. Willis v. Crumbly, 371 Ark. 517, 268 S.W.3d 288 (2007).
Noncompliance.
Evidence established noncompliance with methods of absentee voting prescribed by law. 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).