Tabulation of votes — Defective ballots — Certification of returns

Ark. Code Ann. § 7-5-615 — under Election Procedure Generally.

Ark. Code Ann. § 7-5-615

(a) The counting of votes by electronic vote tabulating devices at the courthouse or other central counting location shall be open to the public, and any candidate or political party may be present in person or by representative designated in writing pursuant to § 7-5-312 to view the counting.

(b) No person except those employed and authorized for that purpose shall touch any ballot or return.

(c) The election officials at the counting place and all persons operating the electronic vote tabulating devices shall take the same oath required by law for election officials before entering upon their duties.

(d) (1) If any ballot is damaged or defective so that it cannot properly be counted by the electronic vote tabulating device, a true duplicate copy shall be made of the damaged ballot.(2) When duplicating a ballot, and in the presence of another election official and designated poll watchers, if any, an election official shall:(A) Reproduce the selections of the voter on a second ballot that is the same ballot style as the ballot cast by the voter;(B) Stamp or write the word “duplicate” on the duplicated ballot;(C) Stamp or write the word “original” on the original damaged or defective ballot;(D) Label both the original damaged or defective ballot and the duplicate ballot with the same unique serial number;(E) Substitute the duplicated ballot for the original damaged or defective ballot;(F) Count the duplicated ballots in the same manner as other ballots in that election; and(G) Secure and separately store the original damaged or defective ballots in the same manner as other ballots in that election.(3) The duplication of a damaged or defective ballot cast at a polling site shall be delivered securely to the county board of election commissioners to be duplicated by election officials.(4) An election official under subdivision (d)(2) of this section shall maintain a recorded count of damaged ballots to be duplicated in the presence of authorized poll watchers, if any, and provide the report to the county board of election commissioners.

(1) If any ballot is damaged or defective so that it cannot properly be counted by the electronic vote tabulating device, a true duplicate copy shall be made of the damaged ballot.

(2) When duplicating a ballot, and in the presence of another election official and designated poll watchers, if any, an election official shall:(A) Reproduce the selections of the voter on a second ballot that is the same ballot style as the ballot cast by the voter;(B) Stamp or write the word “duplicate” on the duplicated ballot;(C) Stamp or write the word “original” on the original damaged or defective ballot;(D) Label both the original damaged or defective ballot and the duplicate ballot with the same unique serial number;(E) Substitute the duplicated ballot for the original damaged or defective ballot;(F) Count the duplicated ballots in the same manner as other ballots in that election; and(G) Secure and separately store the original damaged or defective ballots in the same manner as other ballots in that election.

(A) Reproduce the selections of the voter on a second ballot that is the same ballot style as the ballot cast by the voter;

(B) Stamp or write the word “duplicate” on the duplicated ballot;

(C) Stamp or write the word “original” on the original damaged or defective ballot;

(D) Label both the original damaged or defective ballot and the duplicate ballot with the same unique serial number;

(E) Substitute the duplicated ballot for the original damaged or defective ballot;

(F) Count the duplicated ballots in the same manner as other ballots in that election; and

(G) Secure and separately store the original damaged or defective ballots in the same manner as other ballots in that election.

(3) The duplication of a damaged or defective ballot cast at a polling site shall be delivered securely to the county board of election commissioners to be duplicated by election officials.

(4) An election official under subdivision (d)(2) of this section shall maintain a recorded count of damaged ballots to be duplicated in the presence of authorized poll watchers, if any, and provide the report to the county board of election commissioners.

(e) The return printed by the electronic vote tabulating device, to which the return of early and absentee votes have been added, shall constitute the official return of each polling site. All returns shall be certified by the election officials in charge of the tabulation thereof in the manner provided by law.

(f) Upon completion of the count, the returns shall be open to the public.

(g) The State Board of Election Commissioners shall promulgate necessary rules regarding the duplication of damaged or defective ballots under this section.