2020 Arkansas Code
Title 7 - Elections
Chapter 5 - Election Procedure Generally
Subchapter 6 - Paper Ballots and Electronic Vote Tabulating Devices
§ 7-5-603. Counting paper ballots at the polling site

When paper ballots are to be counted at the polling site, the following procedures shall be followed:

1. (1)

   1. (A) In counting the ballots, the ballot box shall be opened and each ballot shall be counted in turn or by counting by offices and issues.

   2. (B) The poll workers shall witness the counting of the ballots and shall keep separate tally lists of the votes cast for each candidate or issue on the ballot;

2. (2)

   1. (A) When two (2) or more ballots are found folded together, it shall be considered as conclusive evidence the ballots are fraudulent and neither of the ballots shall be counted.

   2. (B) If a ballot is found to contain marks for more than the maximum allowable number of candidates in any one (1) contest, the contest shall be considered overvoted, and it shall be the responsibility of the poll workers to determine the voter's intent;

3. (3)

   1. (A) Upon the close of the polls, the poll workers immediately shall certify and attest the list of voters and continue the count to completion.

   2. (B) If a poll worker becomes sick or incapacitated from any other cause, the remaining poll workers shall continue the count until it is completed;

4. (4) After the count is completed, the poll workers shall make out the certificates of election in triplicate and immediately post one (1) copy outside the polling site; and

5. (5)

   1. (A) The counting of ballots shall be open to the public.

   2. (B) Any candidate or political party may be present in person or by representative designated in writing under § 7-5-312 at the count of the ballots in any election for the purpose of determining whether or not the ballots in any election precinct are fairly and accurately counted.

   3. (C) The candidate in person or an authorized representative of the candidate or political party shall be permitted, upon a request's being made to a poll worker, to inspect any or all ballots after the ballots have been counted.