108.00.17 Ark. Code R. § 001 - Rules for the Verification of Voter Registration
Scope of Rules
These rules will set forth the procedures for processing and administering the requirement that voters verify their voter registration before they are permitted to vote. These rules are in addition to, and not a substitute for, the laws of the State of Arkansas and rules promulgated by the Secretary of State.
All voters, except those who reside in a long-term care or residential care facility, must verify their voter registration in order to cast a regular ballot at the polls during early voting and on election day.4
A person who resides in a long-term care or residential care facility licensed by the state may instead provide documentation from the administrator of the facility attesting that the person is a resident of the facility5. This documentation shall be provided on a standardized form adopted by the Secretary of State.6
The photo identification shall be used to verify the name and appearance of the voter. The Precinct Voter Registration List shall be used to verify the address of the voter by comparing the voter's address on the list to the address stated by the voter.
The election official verifying the voter registration of a voter shall:
The election judge at any polling site is the election official who is in charge of that polling site regardless of the title used locally to reference this election official.
Certain first-time voters who register by mail and who, when registering to vote do not provide the required identification documentation, will be flagged on the Precinct Voter Registration List for additional identification documentation when voting at the polls during early voting, on election day, or by voting using an absentee ballot. A flagged voter who presents a valid photo identification that is also current (i.e., not expired) may vote without presenting an additional identification document. However, if a flagged voter presents a valid photo identification that is not current (i.e., is expired) and valid for the purpose for which it was issued, the flagged voter must also show a current and valid photo 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 voter.7
A person voting at the polls during early voting or on election day who did not verify their voter registration or, if a resident of a long-term care or residential care facility licensed by the state, who did not provide documentation of residency from the administrator of the facility attesting that the person is a resident of the facility, shall be offered a provisional ballot.8
A first-time voter who registered by mail who did not present the additional identification, if required under § 803, shall be offered a provisional ballot.9
§ 805 Identification Required When Voting Absentee
The absentee voter must submit verification of their voter registration when they return their absentee ballot to the clerk's office. 10 A photocopy of any document that qualifies as photo identification under these rules shall be sufficient to satisfy the photo identification requirement when verifying the voter's registration.
If a resident of a long-term or residential care facility licensed by the State of Arkansas does not submit photo identification in order to verify their voter registration, that resident's ballot will still be counted as a regular ballot if the voter submits documentation of residency from the administrator of the facility attesting that the person is a resident of the facility.11
Active duty members of the uniformed services and merchant marine voters and their spouses and dependents who are away from the county because of the active duty status of a uniformed service or merchant marine member are exempt from the identification requirement for absentee ballots.12
The ballot of a voter who failed to verify their voter registration and who is not otherwise entitled to have his or her absentee ballot counted without verification under this section shall be considered a provisional ballot.13
A provisional ballot cast because a voter failed to verify their voter registration when voting at the polls during early voting or on election day shall be counted and included in the certified results of the election if:
The voter may verify his or her voter registration to the county board by presenting photo identification at any meeting of the county board held before noon on the Monday following the election.
The voter may verify his voter registration to the county clerk by presenting the photo identification to the county clerk before noon on the Monday following the election.
The ballot of an absentee voter that was made provisional for failure to verify that person's voter registration when returning his or her absentee ballot shall be counted and included in the certified results of the election if:
The absentee voter may verify his or her voter registration to the county board by presenting photo identification to the county board at any meeting of the county board held before noon on the Monday following the election.
The absentee voter may alternatively verify his voter registration to the county clerk by presenting the photo identification to the county clerk before noon on the Monday following the election.
When verifying the voter registration of a voter who cast a provisional ballot at the poll or whose absentee ballot was deemed provisional based on the voter's failure to verify his or her voter registration, the county clerk or county board shall compare the photograph to the voter to determine whether the voter is the person depicted in the photograph, given reasonable allowances for changes in hair color, glasses, facial hair, cosmetics, weight, age, injury and other physical characteristics.
The county clerk or the county board verifying the voter's registration shall make a photocopy of the photo identification and retain the copy with the voter's provisional ballot envelope.
If a voter verifies his or her voter registration to the county clerk after the election, the county clerk who conducts the verification shall provide the copy of the voter's photo identification to the county board before the county board certifies the election.
1 A.C.A. § 7-5-201(e)
2A.C.A. § 7-5-905
3Ark. Const, amend. 51, § 13(b); A.C.A. § 7-1-101(38)
4Ark. Const, amend. 51, § 13 (b)(2)(B)
5 Ark. Const, amend. 51, §13
6 A.C.A. § 7-5-905
7 A.C.A. § 7-5-201(e)
8Ark. Const, amend. 51, § 13(b)(2); A.C.A. § 7-5-305(a)(8)(B)
9 Ark. Const, amend. 51, §13(b)(6); A.C.A. § 7-5-201(e)
10 Ark. Const, amend. 51, § 13(b)(3); A.C.A. § 7-5-323
11 Ark. Const, amend. 51, §13(b)(3)(B)(iii)
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.