Bill Summary – FastDemocracy

Stricken language would be deleted from and underlined language would be added to present law.
                                           Act 249 of the Regular Session
 State of Arkansas                   As Engrossed:       H1/26/21
 93rd General Assembly                        A Bill
 Regular Session, 2021                                                             HOUSE BILL 1112
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 By: Representatives Lowery, Beaty Jr., Beck, Bentley, M. Berry, S. Berry, Boyd, Breaux, Brooks, Brown,
 Bryant, Cavenaugh, Cloud, Coleman, Crawford, Deffenbaugh, Dotson, Eaves, Eubanks, Evans, Fortner,
 Furman, Gonzales, M. Gray, Haak, Hawks, Hollowell, Jean, Ladyman, Lundstrum, Lynch, J. Mayberry,
 McClure, McCollum, McGrew, McNair, S. Meeks, Milligan, Payton, Pilkington, Ray, Richmond, Rye, B.
 Smith, S. Smith, Underwood, Vaught, Warren, Watson, Wing
 By: Senators A. Clark, Irvin, M. Johnson, Rapert
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                                   For An Act To Be Entitled
                 AN ACT TO AMEND THE LAW CONCERNING VOTER
                 IDENTIFICATION; TO AMEND THE LAW CONCERNING
                 VERIFICATION OF PROVISIONAL BALLOTS; TO AMEND
                 AMENDMENT 51 OF THE ARKANSAS CONSTITUTION; AND FOR
                 OTHER PURPOSES.
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                                               Subtitle
                         TO AMEND THE LAW CONCERNING VOTER
                         IDENTIFICATION; TO AMEND THE LAW
                         CONCERNING VERIFICATION OF PROVISIONAL
                         BALLOTS; AND TO AMEND AMENDMENT 51 OF THE
                         ARKANSAS CONSTITUTION.
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 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
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         SECTION 1.       Arkansas Constitution, Amendment 51,  13(b)(4) and (5),
 concerning fail-safe voting and verification of voter registration, are
 amended to read as follows:
                 (4)     A provisional ballot cast by a voter who did not present a
 required document or identification card shall be counted if:
                         (A)(i)(a)     The voter completes a sworn statement at the
 polling site when voting either early or at the polls on election day stating
     *MLD083*                                                                    01-26-2021 10:38:25 MLD083
     As Engrossed:    H1/26/21                                                      HB1112
 that the voter is registered to vote in this state and that he or she is the
 person registered to vote.
                                    (b)   A sworn statement completed under
 subdivision (b)(4)(A)(i)(a)        of this section is not required to be notarized
 but the voter shall execute the sworn statement under penalty of perjury.
                                    (c)   A sworn statement completed at the polling
 site shall be delivered to the county board of election commissioners so that
 the provisional ballot may be counted; and
                             (ii)   The county board of election commissioners does
 not determine that the provisional ballot is invalid and should not be
 counted based on other grounds; or
                    (B)(i)(A)       The voter returns to the county board of
 election commissioners or the county clerk by 12:00 noon on the Monday
 following the election and presents a document or identification card that
 complies with the requirements of subdivision (b)(1)(A)(i) of this section;
 and
                    (ii)(B)     The county board of election commissioners does
 not determine that the provisional ballot is invalid and should not be
 counted based on other grounds.
            (5)    A provisional ballot cast by an absentee voter who failed to
 submit with an absentee ballot documentation that complies with subdivision
 (b)(1)(A)(ii) of this section shall be counted if:
                    (A)(i)(a)       The voter completes and returns the sworn
 statement portion of the absentee ballot form stating that the voter is
 registered to vote in this state and that he or she is the person registered
 to vote.
                                    (b)   A sworn statement returned under
 subdivision (b)(5)(A)(i)(a)        of this section is not required to be notarized
 but the voter shall execute the sworn statement under penalty of perjury; and
                             (ii)   The county board of election commissioners does
 not determine that the provisional ballot is invalid and should not be
 counted based on other grounds; or
                    (B)(i)(A)       The voter returns to the county board of
 election commissioners or the county clerk by 12:00 noon on the Monday
 following the election and presents a copy of a document or identification
 card that complies with the requirements of subdivision (b)(1)(A)(i) of this
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     As Engrossed:       H1/26/21                                                   HB1112
 section; and
                                (ii)(B)   The county board of election commissioners
 does not determine that the provisional ballot is invalid and should not be
 counted based on other grounds.
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      SECTION 2.        Arkansas Constitution, Amendment 51,  13(b)(7), concerning
 fail-safe voting and verification of voter registration, is amended to read
 as follows:
               (7)    The State Board of Election Commissioners shall promulgate
 rules necessary to implement subsection (b) of this section, including
 without limitation the preparation of a sworn statement to be used by voters
 who cast a provisional ballot under subsection (b) of this section.
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      SECTION 3.        Arkansas Code  7-5-308(b)(4)-(10), concerning provisional
 ballot procedures, is amended to read as follows:
               (4)(A)     The poll worker shall inform the voter that the voter may
 complete a sworn statement stating that the voter is registered to vote in
 this state and that he or she is the person who is registered to vote.
                        (B)   A sworn statement completed under subdivision
 (b)(4)(A) of this section is not required to be notarized, but the voter
 shall execute the sworn statement under penalty of perjury.
                        (C)   The sworn statement under subdivision (b)(4)(A) of
 this section shall be delivered to the county board of election commissioners
 so that the provisional ballot may be counted under subsection (f) of this
 section;
               (5)(4)     Unless a provisional ballot is cast using a ballot
 marking device, the poll worker shall initial the back of the provisional
 ballot, remove the provisional ballot stub from the provisional ballot, and
 place the stub in the stub box provided;
               (6)(5)     The voter shall mark his or her provisional ballot;
               (7)(6)     The voter shall place the voted provisional ballot in a
 provisional ballot secrecy envelope marked provisional ballot and seal the
 envelope;
               (8)(7)     The voter shall place the sealed provisional ballot
 envelope containing the voted provisional ballot in a voter envelope, seal
 the envelope, and give it to the poll worker;
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     As Engrossed:    H1/26/21                                                      HB1112
               (9)(8)     The poll worker shall provide the voter written
 information instructing him or her on how to determine whether his or her
 provisional ballot was counted, and if not, the reason the ballot was not
 counted; and
               (10)(9)        The poll worker shall make a separate list of the names
 and addresses of all persons voting a provisional ballot under this
 subsection, and each person voting a provisional ballot shall sign his or her
 name to this list.
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      SECTION 4.        Arkansas Code  7-5-308(f), concerning provisional ballot
 procedures, is amended to read as follows:
      (f)   Unless enjoined by a court of competent with jurisdiction, a
 provisional ballot under subsection (b) of this section shall be counted if:
               (1)(A)     The voter completes a sworn statement at the polling site
 when voting either early or at the polls on election day stating that the
 voter is registered to vote in this state and that he or she is the person
 registered to vote; and
                        (B)    The county board of election commissioners does not
 determine that the provisional ballot is invalid and should not be counted
 based on other grounds; or
               (2)(A)(1)       The voter returns to the county board of election
 commissioners or the county clerk by 12:00 noon on the Monday following the
 election and presents a document or identification card that complies with
 the requirements of Arkansas Constitution, Amendment 51,  13; and
                        (B)(2)    The county board of election commissioners does not
 determine that the provisional ballot is invalid and should not be counted
 based on other grounds.
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      SECTION 5.        Arkansas Code  7-5-412(b), concerning the marking, return,
 and delivery of mailed absentee ballots, is amended to read as follows:
      (b)(1)     A voter who desires to cast an absentee ballot but who does not
 meet the identification requirements of subdivision (a)(2) of this section
 may cast his or her absentee ballot by mail, and the absentee ballot shall be
 considered as a provisional ballot.
               (2)(A)     The voter statement accompanying the absentee ballot
 shall include a sworn statement portion that may be completed by the voter
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     As Engrossed:   H1/26/21                                                HB1112
 stating that the voter is registered to vote and that he or she is the person
 who is registered.
                   (B)   The sworn statement portion of the voter statement is
 not required to be notarized, but the voter shall execute the sworn statement
 under penalty of perjury.
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                                    /s/Lowery
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                                APPROVED: 3/3/21
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Statutes affected: 
Old version HB1112 Original - 1-11-2021 11:31 AM: 7-5-308(b), 7-5-308(f), 7-5-412(b)
Old version HB1112 V2 - 1-26-2021 10:39 AM: 7-5-308(b), 7-5-308(f), 7-5-412(b)
HB 1112: 7-5-308(b), 7-5-308(f), 7-5-412(b)
Act 249: 7-5-308(b), 7-5-308(f), 7-5-412(b)
Old version of HB 1112 - 01-26-21: 7-5-308(b), 7-5-308(f), 7-5-412(b)
Old version of HB 1112 - 01-11-21: 7-5-308(b), 7-5-308(f), 7-5-412(b)