2018 Arkansas Code
Title 7 - Elections
Chapter 5 - Election Procedure Generally
Subchapter 3 - Conduct of Elections
§ 7-5-309. Voting procedure

(a) Before giving the voter a ballot, a poll worker shall:

• (1) Initial the back of the ballot;

• (2) Remove the ballot stub; and

• (3) Place the stub into the stub box provided.

(b) (1) (A) Upon receiving his or her ballot, the voter may mark the ballot appropriately at a voting booth, voting machine, or private voting place that allows for the voter to mark the ballot in secrecy so that no one may view how he or she voted.

• (B) A voter shall not be allowed more than five (5) minutes to mark his or her ballot.

  • (2) The voter or the voter's authorized assistant shall deposit the marked ballot into the ballot box provided.

(c) The voter shall not be required to sign, initial, or in any way identify himself or herself with the ballot, the ballot stub, or the list of voters other than in the manner provided in this section.

(d) A poll worker may inspect the back of the ballot before the voter deposits it to see if it has been initialed by an election official.

(e) After having voted or having declined to vote, the voter shall immediately depart from the polling site.

(f) A person shall not carry a ballot outside of the polling place.

(g) (1) If a paper ballot is left in the polling site outside of the ballot box after the voter has departed, a poll worker shall:

• (A) Write "Abandoned" on the face of the paper ballot;

• (B) Place the paper ballot into an envelope marked "Abandoned Ballot";

• (C) Note in writing on the outside of the envelope the circumstances surrounding the abandoned ballot; and

• (D) Preserve the abandoned ballot separately.

  • (2) The county board of election commissioners shall not count the ballot.

(h) (1) If an electronic vote tabulating device at the polling site has rejected a ballot that remains in the receiving part of the device, two (2) poll workers shall override warnings on the device and complete the process of casting the ballot only if:

• (A) The voter has departed the polling site; and

• (B) The voter did not indicate that he or she chose to cancel or replace the ballot.

  • (2) The poll workers shall document:

    • (A) The time;

    • (B) The name of the voter;

    • (C) The names of the poll workers completing the process of casting the ballot; and

    • (D) All other circumstances surrounding the abandoned ballot.