11 chapters · 359 sections in this title.
Ark. Code Ann. § 7-5-604 Authorization — Election laws applicable
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(a) Paper ballot voting systems that include electronic vote tabulating devices may be used in elections, provided that the systems shall:(1) Enable the voter to cast a vote in secrecy;(2) Enable the voter to vote for all offices and measures on which he or she is entitled to vot…
Ark. Code Ann. § 7-5-605 [Repealed.]
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A.C.A. § 7-5-605Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 7-5-606 Approval of equipment — Specifications
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(a) The State Board of Election Commissioners may promulgate rules for the administration of this subchapter and shall approve the marking devices and electronic vote tabulating devices. (b) (1) Any person or company wishing to exhibit marking devices and electronic vote tabulati…
Ark. Code Ann. § 7-5-607 Arrangement of polling place
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In precincts where an electronic vote tabulating device is used, sufficient space shall be provided for the use of the device, and it shall be arranged in such a manner as to assure secrecy in voting.
Ark. Code Ann. § 7-5-608 [Repealed.]
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A.C.A. § 7-5-608Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 7-5-609 Spoiled ballots
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Any voter who spoils his or her ballot or makes an error may return it to the election officials and mark another, not to exceed three (3) in all.
Ark. Code Ann. § 7-5-610 [Repealed.]
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A.C.A. § 7-5-610Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 7-5-611 Preparation of electronic vote tabulating devices — Test — Disposition of voting materials
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(a) (1) The county board of election commissioners, with respect to all elections, shall cause the electronic vote tabulating devices used for voting to be properly programmed and tested before delivery to the election precincts.(2) As soon as the election media are prepared, but…
Ark. Code Ann. § 7-5-612 [Repealed.]
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A.C.A. § 7-5-612Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 7-5-613 Counting ballots
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In precincts where an electronic vote tabulating device is used, as soon as the polls are closed the poll workers shall compare the total number of voters indicated by the electronic vote tabulating device with the list of voters to ensure that the number recorded by the tabulato…
Ark. Code Ann. § 7-5-614 Locations for vote tabulation — Procedures
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(1) For the tabulation of votes of a precinct by electronic vote tabulating devices at a central counting location:(1) (A) The poll workers shall place all ballots that have been cast in the container provided for that purpose.(B) The container shall be sealed and delivered to th…
Ark. Code Ann. § 7-5-615 Tabulation of votes — Defective ballots — Certification of returns
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(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…
Ark. Code Ann. § 7-5-616 Penalty
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A person who violates this subchapter shall be subject to the same fine and imprisonment as provided by law for violating the comparable provisions of the laws of this state regarding voting by other voting methods.
Ark. Code Ann. § 7-5-617 Transport of ballots and chain of custody
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(a) Marked absentee or provisional ballots shall be transported in a secure manner during the election period between locations, including without limitation between:(1) Polling sites;(2) Vote centers;(3) Offices of the county clerk;(4) Designated absentee or provisional ballot c…
Ark. Code Ann. § 7-5-701 Declaration of results — Certification, delivery, and custody of returns
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(a) (1) No earlier than forty-eight (48) hours after the election and no later than the fifteenth calendar day after the election, the county board of election commissioners, from the certificates and ballots received from the several precincts, shall proceed to ascertain, declar…
Ark. Code Ann. § 7-5-702 Preservation of ballots, stubs, certificates, and other election materials
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(a) After the election has been finally certified by the county board of election commissioners, the county board of election commissioners shall retain the custody of and safely keep in a sealed container appropriately marked in a secure location in the county courthouse or othe…
Ark. Code Ann. § 7-5-703 Votes for United States Congress — Tie vote
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(a) It shall be the duty of the Secretary of State, in the presence of the Governor, within thirty (30) days after the time allowed to make returns of election by the county board of election commissioners, or sooner, if all the returns have been received, to cast up and arrange …
Ark. Code Ann. § 7-5-704 Votes for legislative, judicial, and executive officers — Tie vote
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(a) It shall be the duty of the Secretary of State, in the presence of the Governor, within thirty (30) days after the time allowed in this subchapter to make returns of elections by the county board of election commissioners, or sooner, if all the returns have been received, to …
Ark. Code Ann. § 7-5-705 Votes for constitutional officers — Tie vote — Certificate of election
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(a) During the first week of the session after each election for Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, and Attorney General, and in the presence of both houses of the General Assembly, the Speaker of the House of Representatives …
Ark. Code Ann. § 7-5-706 Presentation of list of legislators elected
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It shall be the duty of the Secretary of State, on the first day of each regular session of the General Assembly, to lay before each house a list of members elected in accordance with the returns in his or her office.
Ark. Code Ann. § 7-5-707 Vote certification
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(a) For all state and federal elections, the county board of election commissioners shall transmit the certified results for each precinct to the Secretary of State through the election night reporting interface provided by the Secretary of State. (b) The county board of election…
Ark. Code Ann. § 7-5-801 Right of action — Procedure
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(a) A right of action is conferred on any candidate to contest the certification of nomination or the certificate of vote as made by the appropriate officials in any election. (b) The action shall be brought in the circuit court of the county in which the certification of nominat…
Ark. Code Ann. § 7-5-802 Circuit court proceedings
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(a) If the complaint is sufficiently definite to make a prima facie case, unless the circuit court in which it is filed is in session or is to convene within thirty (30) days, the judge shall call a special term which shall possess the powers of a court convened in a regular term…
Ark. Code Ann. § 7-5-803 Special judges for additional contests
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(a) In the event that there are more election contests brought under this section than the circuit court judge can dispose of prior to ten (10) days before any election to be held, either of the parties to the contest may so report to the circuit judge in vacation or otherwise, w…
Ark. Code Ann. § 7-5-804 Trial — Appeal — Enforcement — Other laws superseded
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(a) The election contest shall be tried by the circuit judge in open court without a jury. (b) An appeal may be taken from the judgment. However, the appeal shall not operate as a supersedeas by judicial order or otherwise and the judgment of the circuit court shall be obeyed by …
Ark. Code Ann. § 7-5-805 Contest of state legislative offices
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(a) Any contest to the eligibility, qualifications, or election to serve as a member of the Senate shall be in accordance with the rules and procedures for election contests as established by that chamber under its governing rules. (b) (1) (A) Any action to contest eligibility, q…
Ark. Code Ann. § 7-5-806 Contest of state constitutional executive offices
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(a) All contested general elections of Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, and Attorney General, except as provided in this section, shall be decided by the joint vote of both houses of the General Assembly, and in that joint m…
Ark. Code Ann. § 7-5-807 Election illegalities — Complaint — Grand jury investigation — Indictment — Trial
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(a) If ten (10) reputable citizens of any county shall file a complaint with the circuit judge within twenty (20) days after any election alleging that illegal or fraudulent votes were cast, that fraudulent returns or certifications were made, or that the Political Practices Act …
Ark. Code Ann. § 7-5-808 Finding of guilt — Effect
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(a) Should it be proved to the satisfaction of the trial judge, in cases instituted under this subchapter, that a successful candidate has been guilty of violating the Political Practices Act or any of the laws regulating general, primary, or special elections, the circuit court …
Ark. Code Ann. § 7-5-809 Determination of guilt after election — Effect
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(a) Should a proceeding under previous sections of this subchapter or a criminal prosecution under the criminal penalties imposed in this act not be determined finally until after the election, if the defendant in the proceeding is elected to the office or is the nominee of a pol…
Ark. Code Ann. § 7-5-810 Contest of election results — Time for appeal
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An appeal to contest the determination of any election in any court of this state must be filed within seven (7) calendar days of the final certification of the election result as announced by a court as authorized by this subchapter, except in instances in which the Arkansas Con…
Ark. Code Ann. § 7-5-901 Title
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This subchapter shall be known and cited as the “Voting and Elections Transparency Act of 2017”.
Ark. Code Ann. § 7-5-902 Uncounted votes
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(a) If for any reason a vote, including an absentee vote and a provisional vote, is not counted under this chapter, the county board of election commissioners shall promptly notify the person who cast the vote. (b) Notification under subsection (a) of this section shall be writte…
Ark. Code Ann. § 7-5-903 Voter notification
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(a) Except as otherwise provided under federal law and Arkansas Constitution, Amendment 51, the county clerk shall send written notification to a person when:(1) A person registers to vote for the first time;(2) The voter registration of a person becomes inactive; and(3) A person…
Ark. Code Ann. § 7-5-904 Election commissioners
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(a) A member of the State Board of Election Commissioners or a county board of election commissioners shall not serve as a poll worker or a poll watcher on behalf of an individual candidate, political party, or ballot initiative. (b) A person shall not simultaneously serve on the…
Ark. Code Ann. § 7-5-905 Documentation for long-term care or residential care facility residents
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(a) The documentation required to be submitted by a person who is a resident of a long-term care facility or residential care facility licensed by the state under this chapter shall be standardized. (b) The Secretary of State's office shall develop, adopt, and make available a st…
Ark. Code Ann. § 7-5-906 Provisional and rejected ballot reporting
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(a) A county board of election commissioners shall prepare a report of provisional and rejected ballots cast in the county for each election. (b) The report of provisional and rejected ballots cast for each election shall include:(1) The total number of:(A) Provisional ballots;(B…