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Arkansas Statutes § 7-5-305 Requirements

⤴ Up to Subchapter 3: Conduct of Elections

Statute Text

(a) Before a person is permitted to vote, the poll worker shall:
(1) Request the voter to identify himself or herself in order to verify the existence of his or her name on the precinct voter registration list;
(2) Request the voter, in the presence of the poll worker, to state his or her address and state his or her date of birth;
(3) Determine that the voter's date of birth and address are the same as those on the precinct voter registration list;
(4) If the date of birth given by the voter is not the same as that on the precinct voter registration list, request the voter to provide identification as the poll worker deems appropriate;
(5)
(A) If the voter's address is not the same as that on the precinct voter registration list, verify with the county clerk that the address is within the precinct.
(B) If the address is within the precinct, request the voter to complete a voter registration application form for the purpose of updating county voter registration record files.
(C) If the address is not within the precinct:
(i) Verify with the county clerk's office the proper precinct; and
(ii) Instruct the voter to go to the polling site serving that precinct in order for his or her vote to be counted;
(6) If the voter's name is not the same as that on the precinct voter registration list, request the voter to complete a voter registration application form for purposes of updating county voter registration record files;
(7) Request the voter, in the presence of the poll worker, to sign his or her name, including the given name, middle name or initial, if any, and last name in the space provided on the precinct voter registration list. If a person is unable to sign his or her signature or make his or her mark or cross, the poll worker shall enter his or her initials and the voter's date of birth in the space for the person's signature on the precinct voter registration list;
(8)
(A) Except as provided in this section, request that the voter present verification of voter registration by providing a document or identification card that meets the requirements of Arkansas Constitution, Amendment 51, § 13, if required by that section.
(B)
(i) If a voter is unable to present verification of voter registration in the form of a document or identification card required by Arkansas Constitution, Amendment 51, § 13, the poll worker shall:
(a) Indicate on the precinct voter registration list that the voter did not present verification of voter registration by providing a document or identification card required by Arkansas Constitution, Amendment 51, § 13; and
(b) Permit the voter to cast a provisional ballot.
(ii) When a voter is unable to provide verification of voter registration, the voter and the election official shall follow the procedure under Arkansas Constitution, Amendment 51, § 13.
(iii) A first-time voter who registers by mail without providing identification when registering and desires to vote in person but who does not meet the identification requirements of § 7-5-201 (e) may cast a provisional ballot.
(iv) Following each election, the county board of election commissioners may review the precinct voter registration lists and may provide the information of the voters not presenting verification of voter registration at the polls to the prosecuting attorney.
(v) The county board of election commissioners shall refer suspected instances of voter fraud to the prosecuting attorney.
(vi) The prosecuting attorney may investigate possible voter fraud;
(9) Record the voter's name or request the voter to print his or her name on the list-of-voters form;
(10) Follow the procedures under §§ 7-5-310 and 7-5-311 if the person is a voter with a disability and presents himself or herself to vote;
(11) Verify if a person requested an absentee ballot according to the precinct voter registration list; and
(12) Permit the person to cast a provisional ballot if the person received an absentee ballot according to the precinct voter registration list.
(b) A person not listed on the precinct voter registration list may vote only in accordance with § 7-5-306 .

History

Amended by Act 2021 , No. 1063 , § 7 , eff. 7/28/2021 .

Amended by Act 2017 , No. 633 , § 6 , eff. 8/1/2017 .

Amended by Act 2013 , No. 595 , § 4 , eff. upon the later of the following:1/1/2014, or the appropriation and availability of funding to the Secretary of State for the issuance of voter identification cards under Section 5 of this act .

Acts 1969, No. 465, Art. 7, § 8; A.S.A. 1947, § 3-708; Acts 1993, No. 487, § 2; 1995, No. 946, § 6; 1995, No. 963, § 6; 1997, No. 451, § 18; 1999, No. 1454, § 1; 2001, No. 471, § 1; 2003, No. 994, § 4; 2003, No. 1308, § 4; 2005, No. 238, § 1; 2005, No. 2193, § 2; 2007, No. 1020, § 8; 2009, No. 959, § 11.

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