2015 Arkansas Code
Title 7 - Elections
Chapter 5 - Election Procedure Generally
Subchapter 2 - Preelection Proceedings
§ 7-5-201 - Voter qualification.
(a) To be qualified to vote, a person shall have registered at least thirty (30) calendar days immediately prior to the election and in the manner set forth by Arkansas Constitution, Amendment 51.
(b) "Voting residence" shall be a voter's domicile and shall be governed by the following provisions:
(1) The domicile of a person is that place in which his or her habitation is fixed and to which he or she has the intention to return whenever he or she is absent;
(2) A change of domicile is made only by the act of abandonment, joined with the intent to remain in another place. A person can have only one (1) domicile at any given time;
(3) A person does not lose his or her domicile if he or she temporarily leaves his or her home and goes to another country, state, or place in this state with the intent of returning;
(4) The place where a person's family resides is presumed to be his or her place of domicile, but a person may acquire a separate residence if he or she takes another abode with the intention of remaining there;
(5) A married person may be considered to have a domicile separate from that of his or her spouse for the purposes of voting or holding office. For those purposes, domicile is determined as if the person were single; and
(6) Persons who are temporarily living in a particular place because of a temporary work-related assignment or duty post or as a result of their performing duties in connection with their status as military personnel, students, or office holders shall be deemed residents of that place where they established their home prior to beginning such assignments or duties.
(c) No person may be qualified to vote in more than one (1) precinct of any county at any one (1) time.
(d) (1) Except as provided in subdivision (d)(2) of this section and subsection (e) of this section, any person desiring to vote in this state shall:
(A) Present proof of identity to the election official when appearing to vote in person either early or at the polls on election day; or
(B) When voting by absentee ballot, submit with the ballot a copy of 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 unless the voter is:
(i) A member of the uniformed services on active duty who is absent from the county on election day because of active duty;
(ii) A member of the merchant marine who is absent from the county on election day because of his or her service in the merchant marine; or
(iii) The spouse or dependent of a member identified in subdivision (d)(1)(B)(i) of this section or subdivision (d)(1)(B)(ii) of this section who is absent from the county on election day because of the active duty or service of the member.
(2) (A) A person who is a resident of a long-term care or residential care facility licensed by the state is not required to provide proof of identity before voting.
(B) A person not required to provide proof of identity under subdivision (d)(2)(A) of this section shall provide documentation from the administrator of the facility, attesting that the person is a resident of the facility.
(e) (1) Any person registering to vote by mail and who has not previously voted in a federal election in this state shall:
(A) Present to the election official 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 when appearing to vote in person either early or at the polls on election day; or
(B) When voting by mail, submit with the ballot a copy of 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.
(2) The provision of subdivision (e)(1) of this section does not include:
(A) Persons whose applications are transmitted by state or federal voter registration agencies;
(B) Persons who are covered by the Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. § 1973ff et seq.;
(C) Persons covered by the Voting Accessibility for the Elderly and Handicapped Act, 42 U.S.C. § 1973ee et seq.;
(D) Persons who are entitled to vote otherwise than in person under any other federal law;
(E) Persons who register to vote by mail and submit as part of the registration any of the identification documents listed in subdivision (e)(1) of this section; or
(F) Persons who register to vote by mail and submit with the registration either a driver's license number or at least the last four (4) digits of the individual's Social Security number and with respect to whom a state or local election official matches the license number or Social Security number with an existing state identification record bearing the same number, name, and date of birth as provided in the registration.
(f) Any person who receives an absentee ballot according to the precinct voter registration list but who elects to vote by early voting or to vote at his or her polling site on election day shall be permitted to cast a provisional ballot.
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