Ark. Code Ann. » Title 7 Chapter 05
Arkansas Code Annotated

Ark. Code Ann. § 7-5-412 (2020)

Marking and return of absentee ballots — Delivery of mailed absentee ballots

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. Upon receiving the blank absentee ballot, voter statement, and envelopes, whether in the office of the county clerk or elsewhere, the voter shall mark the absentee ballot and place the absentee ballot in the provided envelope. He or she shall then seal the envelope containing the absentee ballot and place it in the other provided outer envelope with the following:
    1. The completed and executed voter statement, including identification of the designated bearer, authorized agent, or administrator when appropriate; and
      1. Verification of voter registration; or
      2. A copy of a current and valid photographic identification or a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the first-time voter, for first-time voters who registered by mail. However, this requirement does not apply if:
        1. The voter registered to vote by mail and provided the identification at that time; or
        2. The first-time voter registered to vote by mail and submitted his or her driver's license number or at least the last four (4) digits of his or her Social Security number at the time and this information matches the information in an existing state identification record bearing the same number, name, and date of birth as provided in the registration.
    1. A voter who desires to cast an absentee ballot but who does not meet the identification requirements of subdivision (a)(2) of this section may cast his or her absentee ballot by mail, and the absentee ballot shall be considered as a provisional ballot.
      1. The voter statement accompanying the absentee ballot 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.
  3. After recording receipt of the absentee ballot in the electronic voter registration system, absentee ballots received by mail on election day before the polls close shall be delivered promptly by the county clerk to the election officials designated to canvass and count absentee ballots.

History. Acts 1969, No. 465, Art. 9, § 11; 1970 (1st Ex. Sess.), No. 28, § 2; A.S.A. 1947, § 3-911; Acts 1997, No. 1092, § 8; 2003, No. 647, § 2; 2003, No. 994, § 11; 2005, No. 880, § 5; 2007, No. 556, § 9; 2009, No. 250, § 13; 2013, No. 1424, § 9; 2017, No. 633, § 12.

A.C.R.C. Notes. Pursuant to § 1-2-207, subsection (a) of this section is set out above as amended by Acts 2003, No. 994. Subsection (a) of this section was also amended by Acts 2003, No. 647 to read as follows:

“(a) Upon receiving the blank ballot, statement, and envelopes, whether in the office of the county clerk or elsewhere, the voter shall mark the ballot, tear off the lower ballot stub end, and place the ballot in the provided envelope. He or she shall place the ballot, the executed statement, and the ballot stub in the provided envelope.”

Amendments. The 2007 amendment deleted former (b) and redesignated the remaining subsections accordingly; substituted “his or her ballot” for “a ballot” in present (b); and deleted “Ballots by mail shall be counted if received no later than the time the polls close on election day” at the beginning of (c).

The 2009 amendment inserted “absentee” preceding “ballot” in seven places; and made minor stylistic changes.

The 2013 amendment inserted “voter” preceding “statement” in (a); in (a)(1), inserted “completed and” and “including identification of the designated bearer, authorized agent, or administrator when appropriate”; and substituted “After recording receipt of the absentee ballot in the electronic voter registration system, absentee” for “Absentee” in (c).

The 2017 amendment added present (a)(2)(A); redesignated former (a)(2) as present (a)(2)(B); redesignated former (a)(2)(A) and (a)(2)(B) as present (a)(2)(B)(i) and (a)(2)(B)(ii); redesignated former (b) as (b)(1); and added (b)(2).

Research References

ALR.

Voter Identification Requirements as Denying or Abridging Right to Vote on Account of Race or Color Under § 2 of Voting Rights Act, 52 U.S.C. § 10301. 12 A.L.R. Fed. 3d 4 (2016).

Ark. L. Notes.

Cihak, 2007 Election Law Issues, Legislation and Reforms, 2007 Ark. L. Notes 1.

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2003 Arkansas General Assembly, Election Law, Help America Vote Act, 26 U. Ark. Little Rock L. Rev. 398.

Notes of Decisions
Cited in 4 cases, 2014–2014 · leading case: Arkansas State Bd. of Election Commissioners v. Pulaski Cnty. Election Comm'n, 2014 Ark. 236, 437 S.W.3d 80.
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Arkansas State Bd. of Election Commissioners v. Pulaski Cnty. Election Comm'n, 2014 Ark. 236, 437 S.W.3d 80. · cites it 2× “” Ark.Code Ann. § 7-5-412(b). At issue in the present case are certain rules promulgated by the ASBEC that establish an entire procedure by which an absentee voter, who fails to submit the identification or documentation with his or her ballot as required under section…”
Ark. St. Bd. of Elec. Comm'rs v. PCEC, 2014 Ark. 215. · cites it 4× “Webb maintains that because the General Assembly permits an absentee voter to file a provisional ballot pursuant to Ark. Code Ann. § 7-5-412 (b) (Supp. 2013), the logical inference is that the General Assembly intended to provide those voters with an opportunity to cure any…”
Ark. St. Bd. of Elec. Comm'rs v. PCEC, 2014 Ark. 236. · cites it 4× “2013), the logical inference is that the General Assembly intended to provide those voters with an opportunity to cure any identity issues associated with their ballots. He avers that the regulations provided a much-needed remedy in the election process.”
Ark. St. Bd. of Elec. Comm'rs v. PCEC, No. CV-14-371 (Ark. May 14, 2014). · cites it 4× “Webb maintains that because the General Assembly permits an absentee voter to file a provisional ballot pursuant to Ark. Code Ann. § 7-5-412 (b) (Supp. 2013), the logical inference is that the General Assembly intended to provide those voters with an opportunity to cure any…”
Ark. Code Ann. § 7-5-412(b): 1 case
Arkansas State Bd. of Election Commissioners v. Pulaski Cnty. Election Comm'n, 2014 Ark. 236, 437 S.W.3d 80. “” Ark.Code Ann. § 7-5-412(b). At issue in the present case are certain rules promulgated by the ASBEC that establish an entire procedure by which an absentee voter, who fails to submit the identification or documentation with his or her ballot as required under section…”
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