108.00.13 Ark. Code R. 005
Scope of Rules
These rules will set forth the procedures for processing and administering voter identification requirements. 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 licensed by the state must present "proof of identity" to cast a regular ballot at the polls during early voting and on election day.
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 facility in lieu of the requirement to present proof of identity before voting4.
The proof of identity shall be used to verify the name and appearance of the voter, except that when a voter presents a voter identification card issued by the county clerk pursuant to Act 595 of 2013, the card shall also be used to verify the voter's identification number. The Precinct Voter Registration List shall be used to verify the address of the voter by comparing the voter's address in the list to the address stated by the voter.
The poll worker to whom proof of identity is presented shall:
Certain first-time voters who register by mail and who, when registering to vote do not provide statutorily required identification documentation, will be flagged on the Precinct Voter Registration List for possible additional identification documentation when voting at the polls during early voting or on election day or by absentee ballot. These first-time voters, like all other voters, are required to present proof of identity in order to vote at the polls during early voting or on election day. A flagged voter who presents a valid proof of identity that is also current (not expired) may vote without presenting an additional identification document. However, if a flagged voter presents a valid proof of identity that is not current (i.e., is expired) and valid for the purpose for which it was issued, the flagged voter must also 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.5
A person voting at the polls during early voting or on election day who did not present proof of identity, or, if a resident of a long-term care or residential care facility licensed by the state, who did not provide either proof of identity or documentation from the administrator of the facility attesting that the person is a resident of the facility, shall be offered a provisional ballot.6
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.7
A provisional ballot cast because a voter failed to present proof of identity 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 provide his or her proof of identity or his or her affidavit of indigence or religious objection to the county board by presenting the proof of identity or the affidavit at any meeting of the county board held before noon on the Monday following the election.
The voter may provide his or her proof of identity or his or her affidavit of indigence or religious objection to the county clerk by presenting the proof of identity or the affidavit to the county clerk before noon on the Monday following the election.
The voter shall present the proof of identity or deliver the affidavit of indigence or religious objection in person.8
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, considering hair color, glasses, facial hair, cosmetics, weight, age, injury and other physical characteristics.
The county clerk or the county board receiving a proof of identity shall make a photocopy of the proof of identity and retain the copy with the voter's provisional ballot envelope. The county clerk or the county board shall provide a receipt to the voter containing the following information:
The county clerk or county board receiving an affidavit of indigence or religious objection shall make a photocopy of the affidavit, provide the copy to the voter and retain the original affidavit with the voter's provisional ballot envelope. The county clerk or the county board shall provide a receipt to the voter containing the following information:
The county clerk who receives proof of identity or an affidavit of indigence or religious objection shall provide the copy of the voter's proof of identity or the original affidavit and a copy of the voter's receipt to the county board.11
The county board shall count the vote and include it in the certified returns upon receipt of a copy of a voter's valid and timely delivered proof of identity or affidavit of indigence or religious objection.
In order for an absentee ballot to be counted, the absentee voter must submit with the ballot a copy of 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.13
Military and merchant marine voters and their spouses and dependents who are away from the county because of the active duty status of a military or merchant marine member are exempt from the identification requirement for absentee ballots.14
A resident of a long-term or residential care facility licensed by the State of Arkansas is not required to provide Proof of Identity before voting. In lieu of the Proof of Identity, a resident is required to provide documentation from the administrator of the facility attesting that the person is a resident of the facility.
The letter issued by the administrator can be used by a resident of a long-term care facility during early voting, on election day at a polling location, and when voting by absentee ballot.15
These Rules are effective beginning January 1, 2014.16
1 A.C.A. § 7-5-201(e) as amended by Act 595 of 2013
2 A.C.A. § 7-1-101 as amended by Act 595 of 2013
3 A.C.A. § 7-5-201(d)(2) as amended by Act 595 of 2013 and §16.0 of the Arkansas Secretary of State's Rules on Voter Identification
4A.C.A § 7-5-201(d) as amended by Act 595 of 2013
5A.C.A. § 7-5-201(e) as amended by Act 595 of 2013
6 A.C.A. § 7-5-321 as amended by Act 595 of 2013
7 A.C.A. § 7-5-305(a)(8)(B)(iii)
8A.C.A. § 7-5-321(c) as provided in Act 595 of 2013
9 A.C.A. § 7-5-321(c) as provided in Act 595 of 2013
10 A.C.A § 7-5-321(c) as provided in Act 595 of 2013
11 A.C.A § 7-5-321(c) as provided in Act 595 of 2013
12A.C.A. § 7-5-321(c) as provided in Act 595 of 2013
13 A.C.A. § 7-5-201(d)(1)(B) as amended by Act 595 of 2013
14A.C.A. § 7-5-201(d)(1)(B) as amended by Act 595 of 2013 Arkansas Secretary of State's Rules on Voter Identification §16.0
15Arkansas Secretary of State's Rules on Voter Identification §16.0
16 A.C.A. § Act 595 of 2013, Section 7
108.00.13 Ark. Code R. 005