Arkansas Administrative Code

7 CAR § 22-103. Definitions. As used in this part: (1) “County clerk” means the official elected by the voters of a county to serve as county clerk or a member of his or her staff; (2) “County board of election commissioners” or “CBEC” means the board of election commissioners el…

7 CAR § 22-104. Establishment of vote centers. (a) The county board of election commissioners or county clerk may only establish one (1) or more vote centers in the county on election day in accordance with Arkansas Code § 7-1-113 and Arkansas Code § 7-5-101 (requiring a local or…

7 CAR § 22-105. Equipment — Voting machines. (a)(1) All voting machines used in a vote center must have the capacity to hold every ballot style available in the county and still report results by precinct. (2) If a county wishes to use a vote center for a preferential primary, th…

7 CAR § 22-106. Equipment — Verifying registration records. (a)(1) If a county chooses to operate one (1) or more vote centers on election day, an electronic poll book or other electronic device must be used in all polling locations on election day to: (A) Verify the registration…

7 CAR § 22-107. Maintenance and use of equipment. (a) The following standards shall apply for maintenance of the equipment in a vote center: (1) Counties shall ensure that the equipment is: (A) Properly maintained with current and up-to-date firmware and software; and (B) Used wi…

7 CAR § 22-108. Testing and backup of equipment. (a) Equipment used at the vote center shall be properly tested and backed up. (b)(1) Voting machines used at a vote center shall be tested in accordance with Arkansas law for testing of voting machines used at other polling locatio…

7 CAR § 22-109. Secure electronic connections. (a)(1) Acts 2013, No. 1389, requires that counties desiring to utilize one (1) or more vote centers have a sufficient secure electronic connection which prevents: (A) An elector from voting more than once; and (B) Unauthorized access…

7 CAR § 22-110. Electronic/internet system failure. (a) Since polling locations, including vote centers, rely heavily on electronic connectivity, each county must have a specific plan for voting should there be a failure of the primary electronic system or internet connectivity. …

7 CAR § 22-111. Notification to voters. (a)(1) Vote center plans shall include the county’s plan for educating voters on the availability of vote center or centers. (2) If, as part of its plan, the county eliminates certain polling locations, the plan shall include information on…

7 CAR § 22-112. Ordinance required. (a) When the plan has been adopted and the county clerk has certified to the Secretary of State and the county quorum court that the county has sufficient secure electronic connections at each polling location to meet the requirements of Arkans…

7 CAR § 22-113. Provisional ballots. (a) If a potential voter seeking to cast his or her ballot at a vote center is not listed in the county voter registration files, the registration cannot be verified by the county clerk or election official, and the voter contends that he or s…

7 CAR § 22-114. Change of vote center location. (a) Except for school elections under Arkansas Code § 6-14-106, a vote center location for each election shall be the same as that established for the immediately preceding general election unless changed by order of the county boar…

7 CAR § 22-115. Updating county plan. Upon revising a written vote center plan, a county shall submit the revised written plan to the Secretary of State for operation of vote centers within the county.

7 CAR § 23-101. Purpose. The purpose of this part is to create the process by which registered voters who are victims of domestic violence may shield their address or addresses from public view by becoming secure voters.

7 CAR § 23-102. Definitions. As used in this part: (1) “Poll watcher” means any: (A) Candidate in person, but only during the counting and tabulation of ballots and the processing of absentee ballots; (B) Authorized representative of a candidate; (C) Authorized representative of …

7 CAR § 23-103. Secure voter registration. (a) Unless otherwise stated in this part, a registered voter designated as a secure voter is required to comply with all voter identification requirements when casting a ballot. (b)(1) A registered voter may apply to be a secure voter no…

7 CAR § 23-104. Challenges. (a) Upon a challenge from an authorized poll watcher, the secure voter shall be permitted to present proof to the poll worker and poll watcher in a separate room or, if a separate room is not available, a private area located at the polling site or vot…

7 CAR § 24-101. Secretary of State duties. The Secretary of State shall: (1) Cooperate with other states and jurisdictions to compare registered voters, voter history, and voter registration lists to: (A) Ensure the accuracy of the voter registration rolls; (B) Identify voters wh…

7 CAR § 24-102. Miscellaneous provisions. (a) All confidential voter registration information and data is confidential. (b) County boards of election commissioners shall have view-only access to the voter registration record files and data.

7 CAR § 50-101. Scope. (a) This part sets forth a general description of the State Board of Election Commissioners, stating the general course and method of the board’s operations and the nature and requirements of the board’s formal and informal procedures pursuant to Arkansas C…

7 CAR § 50-102. Board organization. (a)(1) The State Board of Election Commissioners is an agency of the state government composed of seven appointed commissioners and a staff. (2) The entities who appoint board members, the qualifications of board members, the terms of board mem…

7 CAR § 50-103. Staff organization. (a)(1) The State Board of Election Commissioners may employ a director who may hire a staff. (2) The Director of the State Board of Election Commissioners or other members of the staff may: (A) Act as spokespeople for the board; (B) Receive cor…

7 CAR § 50-104. Meeting times and sites. (a)(1) Meetings shall be called: (A) As needed by the Chair of the State Board of Election Commissioners; or (B) Upon written request to the chair of at least four (4) members of the State Board of Election Commissioners. (2) The Director …

7 CAR § 50-105. Meeting procedures. (a) All meetings of the State Board of Election Commissioners shall be governed by Robert’s Rules of Order, except as may be modified by a majority of the board or by rule. (b)(1) Any member who has an actual conflict of interest in any proceed…

7 CAR § 50-106. Declaratory orders defined. (a) A declaratory order is a means of resolving a controversy or answering questions or doubts concerning the applicability of statutory provisions, rules, or orders over which the State Board of Election Commissioners has authority. (b…

7 CAR § 50-107. Petition for a declaratory order. (a) The process to obtain a declaratory order is begun by filing a petition that provides: (1) The name, address, telephone number, and signature of the person requesting the order; and (2) A complete statement of the facts and ci…

7 CAR § 50-108. Declaratory order. (a)(1) Staff shall promptly draft an order. (2) A draft order prepared by staff is unofficial until it has received the affirmative vote of a majority of a quorum of the State Board of Election Commissioners. (3) The board may rely on the statem…

7 CAR § 50-109. Filing an appeal of a polling site closure. (a) The process to appeal the closure of a poll under Arkansas Code § 7-5-101(d)(4) is begun by filing a document that provides the following information: (1) The appellant’s name; (2) The appellant’s address; (3) The ap…

7 CAR § 50-110. Processing an appeal of a polling site closure. (a) When an appeal is filed under Arkansas Code § 7-5-101(d)(4), the Director of the State Board of Election Commissioners shall: (1) Promptly review the appeal; (2) Notify the county board of election commissioners …

7 CAR § 50-111. Standard of review in an appeal of a polling site closure. (a) The State Board of Election Commissioners shall consider the following when determining whether a polling site closure subject to the appeal is permissible: (1) Whether the closure of the poll forces v…

7 CAR § 50-112. Applicability of the polling site appeal process. (a) An appeal of a polling site closure may only be made for polling site closures in a preferential primary or general election under Arkansas Code § 7-5-101(d)(4). (b) A vote center is: (1) A location selected by…

7 CAR § 51-101. Scope of rules. (a)(1) Pursuant to Arkansas Code § 7-4-101, the State Board of Election Commissioners has the duty to appoint at least one (1) certified election monitor from each congressional district and the authority to appoint a monitor to any county upon a s…

7 CAR § 51-102. Requests for monitors. (a)(1) Any person alleging a violation of any election law under the investigative jurisdiction of the State Board of Election Commissioners may request appointment of a certified election monitor. (2) The request for appointment of a certif…

7 CAR § 51-103. Processing requests for monitors. (a) Upon receipt by the State Board of Election Commissioners of a request for appointment of a certified election monitor, the Director of the State Board of Election Commissioners shall determine if the request meets all require…

7 CAR § 51-104. Qualifications of election monitors. (a) Election monitors certified and appointed by the State Board of Election Commissioners shall be qualified electors of this state, able to read and write the English language, and shall not have been found guilty or pled gui…

7 CAR § 51-105. Certification of election monitors. (a)(1) No person may serve as an election monitor without prior training, approval, and certification by the State Board of Election Commissioners. (2) The executed “Authorization to Serve as a Certified Election Monitor for the…

7 CAR § 51-106. Duties of election monitors. (a) Prior to the election period, the certified election monitor shall attend training hosted and led by the State Board of Election Commissioners. (b) During the election period and while at a polling or counting location the certifie…

7 CAR § 51-107. Compensation and expense reimbursement. (a)(1) For the services listed herein, each certified election monitor shall receive: (A) One hundred dollars ($100) per day for completion of duties under 7 CAR § 51-106(c); (B) Three hundred dollars ($300) per day for comp…

7 CAR § 51-108. Authority of certified election monitors. Upon identifying themselves in either a polling location or a ballot counting location, a certified election monitor shall be given access to: (1) All areas of the polling location or ballot counting location; (2) The reco…

7 CAR § 60-101. Scope. This part sets forth the procedures for providing uniform and nondiscriminatory resolution of any complaint alleging a violation of election and voter registration laws under the jurisdiction of the State Board of Election Commissioners in accordance with A…

7 CAR § 60-102. Definitions. As used in this part: (1) “Complainant" means any person who files a complaint with the State Board of Election Commissioners, hereinafter referred to as the “board”, alleging that a violation of any election or voter registration law under the State …

7 CAR § 60-103. Who may file. (a) Any person alleging that a violation of any election or voter registration law under the State Board of Election Commissioners’ jurisdiction has occurred may file a complaint. (b) The board may file a complaint of its own volition.…

7 CAR § 60-104. Form of complaint. A procedurally sufficient complaint must: (1) Be in writing; (2) Be signed; (3) Include an affirmation that facts articulated in the complaint are true and correct to the best of the complainant’s knowledge under penalty of perjury; (4) Clearly …

7 CAR § 60-105. Filing a complaint. (a) Except as provided in subsection (b) of this section, a written complaint must be filed: (1) No sooner than forty-nine (49) days prior to the election affected by or associated with the alleged violation of law; and (2) No later than forty-…

7 CAR § 60-106. Processing a complaint. (a) Receipt of complaint. (1)(A) Upon receipt of a written complaint, it shall be stamped with the current date, filed, entered upon the complaint docket, and a copy forwarded to the Director of the State Board of Election Commissioners. (B…

7 CAR § 60-107. Investigations — Determination of probable cause. (a) Notice to respondent. (1) Upon determination that a complaint should be investigated, either through a formal investigation or through documentary submissions, the Director of the State Board of Election Commis…

7 CAR § 60-108. Oaths and subpoenas. (a) The State Board of Election Commissioners, the Director of the State Board of Election Commissioners, or the director’s designee may administer oaths for the purpose of taking sworn statements from any person thought to have knowledge of a…