2020 Arkansas Code
Title 7 - Elections
Chapter 5 - Election Procedure Generally
Subchapter 6 - Paper Ballots and Electronic Vote Tabulating Devices
§ 7-5-604. Authorization — Election laws applicable

(a) Paper ballot voting systems that include electronic vote tabulating devices may be used in elections, provided that the systems shall:

1. (1) Enable the voter to cast a vote in secrecy;

2. (2) Enable the voter to vote for all offices and measures on which he or she is entitled to vote;

3. (3) Permit the voter to verify in a private and independent manner the votes selected by the voter on the ballot before the ballot is cast;

4. (4) Provide the voter with the opportunity in a private and independent manner to change the ballot or correct any error before the ballot is cast;

5. (5)

   1. (A) Notify the voter that he or she has selected more than one (1) candidate for the office, notify the voter before the ballot is cast and counted of the effect of casting multiple votes for the office, and provide the voter with the opportunity to correct the ballot before the ballot is cast if the voter is legally entitled to select only one (1) candidate for an office but the voter selects more than one (1) candidate for the office.

   2. (B) Electronic vote tabulating devices used to cast and count votes at the polling place shall be programmed to reject ballots containing overvotes as described in this section.

   3. (C) When votes are cast at polling places and are to be counted by hand or at the courthouse or other central counting location, the county board of election commissioners shall provide a voter education program to inform the voters:

      1. (i) Of the effect of casting multiple votes for an office; and

      2. (ii) How to correct the ballot before it is cast, including, but not limited to, instructions on how to correct the error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct any error;

6. (6)

   1. (A) Notify the voter that the voter has selected more than the allowed number of candidates for the office on the ballot, notify the voter before the ballot is cast and counted of the effect of casting more than the allowed number of votes for that office, and provide the voter with the opportunity to correct the ballot before the ballot is cast if the voter is legally entitled to select multiple candidates for an office but the voter selects more than the number of candidates he or she is legally entitled to select.

   2. (B) Electronic vote tabulating devices used to cast and count votes at the polling places shall be programmed to reject ballots containing overvotes as described in this section.

   3. (C) When votes are cast at polling places and are to be counted by hand or at the courthouse or other central counting location, the county board of election commissioners shall provide a voter education program to inform the voters:

      1. (i) Of the effect of casting more votes than the voter is legally entitled to cast for an office; and

      2. (ii) How to correct the ballot before it is cast, including, but not limited to, instructions on how to correct the error through the issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct any error;

7. (7) Permit the voter to vote:

   1. (A) At any election for all persons and officers for whom he or she is lawfully entitled to vote and no others;

   2. (B) For as many persons for an office as he or she is entitled to vote;

   3. (C) For or against any question upon which he or she is entitled to vote; and

   4. (D) By means of a single device, if authorized by law, for all candidates for one (1) party or to vote a split ticket as he or she desires;

8. (8) Permit the voter by one (1) mark to vote for the candidates for that party for president, vice president, and their presidential electors at presidential elections;

9. (9) Generate a printed record at the beginning of its operation which verifies that the tabulating elements for each candidate position and each question and the public counter are all set to zero (000); and

10. (10) Generate a printed record at the finish of its operation of the total number of:

    1. (A) Voters whose ballots have been tabulated;

    2. (B) Votes cast for each candidate whose name appears on the ballot;

    3. (C) Votes cast for or against any question appearing on the ballot; and

    4. (D) Undervotes and overvotes by contest.

(b) So far as applicable, the procedures provided by law for voting by other means and the conduct of the election in regard thereto by the election officials, not otherwise inconsistent with this subchapter, shall apply to the system of electronic vote tabulation as authorized in this subchapter.