Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas
2 94th General Assembly A Bill
3 Regular Session, 2023 SENATE BILL 234
4
5 By: Senator C. Tucker
6
7 For An Act To Be Entitled
8 AN ACT TO CLARIFY, CREATE UNIFORMITY IN, AND SIMPLIFY
9 THE ABSENTEE BALLOT PROCESS; TO AMEND THE LAW
10 CONCERNING THE APPLICATION FORM FOR ABSENTEE BALLOTS;
11 TO AMEND THE LAW CONCERNING THE MATERIALS FURNISHED
12 TO QUALIFIED VOTERS WITH AN ABSENTEE BALLOT; AND FOR
13 OTHER PURPOSES.
14
15
16 Subtitle
17 TO CLARIFY, CREATE UNIFORMITY IN, AND
18 SIMPLIFY THE ABSENTEE BALLOT PROCESS; AND
19 TO AMEND THE LAW CONCERNING THE
20 APPLICATION FORM AND MATERIALS FURNISHED
21 TO QUALIFIED VOTERS WITH AN ABSENTEE
22 BALLOT.
23
24
25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
26
27 SECTION 1. Arkansas Code § 7-5-405(a)(1) and (2), concerning the
28 application form for absentee ballots, are amended to read as follows:
29 (a)(1) Applications for absentee ballots may be made on a form or
30 forms prescribed by the Secretary of State and furnished by the county clerk
31 at least sixty (60) days before the election.
32 (2) The form or forms shall contain the following information:
33 (A) The following statement:
34 “IF YOU PROVIDE FALSE INFORMATION ON THIS FORM, YOU MAY BE GUILTY OF PERJURY
35 AND SUBJECT TO A FINE OF UP TO $10,000 OR IMPRISONMENT FOR UP TO 10 YEARS.”;
36 (B) A statement in which the voter must indicate that he
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1 or she is requesting an absentee ballot because he or she will be:
2 (i) Unavoidably absent from the polling site on
3 election day;
4 (ii) Unable to attend the polls on election day
5 because of illness or physical disability; or
6 (iii) Unable to attend the polls on election day
7 because of residence in a long-term care or residential facility licensed by
8 the state;
9 (C) A statement by the voter indicating whether he or she
10 resides outside the county;
11 (D) A statement indicating whether the voter is a United
12 States citizen residing outside the territorial limits of the United States;
13 (E) A statement indicating whether the voter is in active
14 service as a member of the armed services of the United States United States
15 Armed Forces;
16 (F) Mailing information for the ballot or the name and
17 signature of a designated bearer, an administrator, or an authorized agent;
18 (G) The date, the voter's printed or typed name, voting
19 residence address, date of birth, and the voter's signature attesting to the
20 correctness of the information provided under penalty of perjury; and
21 (H)(i) The election in which the voter wishes to cast an
22 absentee ballot.
23 (ii) The language describing the election in which
24 the voter wishes to cast an absentee ballot:
25 (a) Shall be placed on the form by the
26 Secretary of State;
27 (b) May use terminology that varies from the
28 election terms adopted in the Arkansas Code;
29 (c) Shall include a list of election options
30 for absentee ballot voters to choose from when requesting their absentee
31 ballot; and
32 (d) In providing the list of election options
33 in subdivision (a)(2)(H)(ii)(c) of this section, the Secretary of State may:
34 (1) Use plain language terms that:
35 (A) Sufficiently identify which
36 ballot the voter is requesting; and
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1 (B) Are designed to be easily read
2 by the typical registered voter; and
3 (2) Provide the date on which each such
4 election is to be held; and
5 (I) A statement requesting the voter's phone number if
6 available, and the voter's email address if available.
7
8 SECTION 2. Arkansas Code § 7-5-409(b), concerning materials furnished
9 to qualified voters, is amended to read as follows:
10 (b)(1) If the applicant is registered or is otherwise eligible to vote
11 absentee as an absentee voter, the county clerk, prior to mailing or
12 delivering the ballot, shall detach the ballot stub and deposit the ballot
13 stub into a sealed box designated as “Absentee Stub Box” and deliver to the
14 applicant or to the applicant's designated bearer, authorized agent, or
15 administrator for delivery to the applicant the following materials:
16 (1)(A) An official absentee ballot for each election named
17 in the application;
18 (2)(B) Instructions for voting and returning the official
19 absentee ballot to the county clerk;
20 (3)(C) An official absentee ballot secrecy envelope on
21 which there shall be written or printed the words “Ballot Only”;
22 (4)(A)(i)(D)(i)(a) A uniform voter statement created and
23 approved by the State Board of Election Commissioners.
24 (ii)(b) The voter statement shall
25 include the following heading in bold capitalized letters: “THIS VOTER
26 STATEMENT SHALL BE COMPLETED AND RETURNED IN THE MAILING ENVELOPE OR THE
27 ABSENTEE BALLOT WILL NOT BE COUNTED.”
28 (iii)(c) The voter statement shall
29 include the following statement in bold capitalized letters at the bottom of
30 the page: “THE INFORMATION I HAVE PROVIDED IS TRUE TO THE BEST OF MY
31 KNOWLEDGE UNDER PENALTY OF PERJURY. IF I HAVE PROVIDED FALSE INFORMATION, I
32 MAY BE SUBJECT TO A FINE OF UP TO TEN THOUSAND DOLLARS ($10,000) OR
33 IMPRISONMENT FOR UP TO TEN (10) YEARS, OR BOTH, UNDER FEDERAL OR STATE LAWS.”
34 (iv)(d) The voter statement shall
35 include a statement that the voter resides at the address on his or her
36 application.
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1 (v)(e) The voter statement shall include
2 a statement for a first-time voter who registers by mail: “If I am a newly
3 registered voter of this county and this is the first time I am voting in
4 this county, I am enclosing a copy of a current and valid photo
5 identification card or a current utility bill, bank statement, government
6 check, paycheck, or other government document that shows my name and
7 address.”
8 (B)(ii) Blanks shall be provided for the voter to
9 provide his or her printed name, signature, mailing address, residential
10 voting address, date of birth, printed name and address of the administrator,
11 authorized agent, or designated bearer, signature of administrator,
12 authorized agent, or designated bearer, and address of the administrator,
13 authorized agent, or designated bearer.
14 (C)(i)(iii)(a) The voter statement shall include a
15 sworn statement portion that may be completed by the voter stating that the
16 voter is registered to vote and that he or she is the person who is
17 registered.
18 (ii)(b) The sworn statement portion of the
19 voter statement is not required to be notarized, but the voter shall execute
20 the sworn statement under penalty of perjury;
21 (5)(E) A sealable envelope upon which shall be printed or
22 written the words: “Return Envelope”, the address of the county clerk, the
23 precinct of the voter, and the words: “ABSENTEE BALLOT, ,
24 , ELECTION”; and
25 (6)(F) An authorized agent authorization form, as follows:
26
27 “AGENT AUTHORIZATION FORM
28 If applicable, fill out and sign this form and place it in the Return
29 Envelope
30 I hereby authorize (insert his or her name) as my authorized
31 agent, to deliver this ballot as I am medically unable to vote on election
32 day. An affidavit verifying my medical status as unable to deliver the
33 application or to vote on the day of the election is attached or has been
34 provided with my application.
35
36 Signature of voter
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1
2 Printed name of voter
3
4 Address of voter
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6 Date of birth of voter.”
7 (2) The voter statement, instructions, and any other absentee
8 ballot materials required under subdivision (b)(1) of this section shall be
9 on forms:
10 (A) Prescribed by the State Board of Election
11 Commissioners with the assistance of the Secretary of State; and
12 (B) That are designed to be easily read by the typical
13 registered voter.
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Statutes affected:
SB 234: 7-5-405(a), 7-5-409(b)