Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas As Engrossed: S2/3/21 S3/18/21
2 93rd General Assembly A Bill
3 Regular Session, 2021 SENATE BILL 217
4
5 By: Senators C. Tucker, B. Davis
6 By: Representative M. Gray
7
8 For An Act To Be Entitled
9 AN ACT TO CLARIFY, CREATE ACCOUNTABILITY AND
10 UNIFORMITY FOR, AND SIMPLIFY ABSENTEE BALLOT
11 PROCESSES; TO ENCOURAGE AND ASSIST LAW ENFORCEMENT
12 INVESTIGATION OF VOTER FRAUD; TO AMEND ELECTION LAW
13 CONCERNING ABSENTEE BALLOTS; TO AMEND ELECTION LAW;
14 AND FOR OTHER PURPOSES.
15
16
17 Subtitle
18 AN ACT TO CLARIFY, CREATE ACCOUNTABILITY
19 AND UNIFORMITY FOR, AND SIMPLIFY ABSENTEE
20 BALLOT PROCESSES; TO ENCOURAGE AND ASSIST
21 LAW ENFORCEMENT INVESTIGATION OF VOTER
22 FRAUD; AND TO AMEND ELECTION LAW
23 CONCERNING ABSENTEE BALLOTS.
24
25
26 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
27
28 SECTION 1. Arkansas Code 6-14-115(a)(1)(B)(ii), concerning school
29 district election returns, canvass, appeal, and filing, is amended to read as
30 follows:
31 (ii) Declare preliminary and unofficial results
32 counts of the county's election as soon as they are available; and
33
34 SECTION 2. Arkansas Code 7-5-404(b)(2), concerning applications for
35 absentee ballots, is amended to read as follows:
36 (2)(A) For those persons voting by absentee ballot who reside
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1 outside the county in which they are registered to vote, the application
2 shall remain in effect for one (1) year unless revoked by the voter, and the
3 county clerk shall thereafter automatically mail no later than twenty-five
4 (25) days before each election an absentee ballot for each election.:
5 (A) Unless otherwise provided by the applicant in
6 subdivision (b)(2)(C) of this section, the application shall be valid for
7 only one (1) election cycle.
8 (B) The election cycle shall include any one (1) election
9 and the corresponding runoff election.
10 (C) The Secretary of State shall include an option, which
11 the applicant may select, that the application shall remain in effect for one
12 (1) year, unless later revoked by the voter.
13 (D) The Secretary of State shall include language in the
14 application explaining that the application applies to one (1) election and
15 the corresponding runoff election, unless the option provided under
16 subdivision (b)(2)(C) is selected by the applicant, in which case the
17 application will remain in effect for one (1) year.
18 (E) The county clerk shall automatically mail to the voter
19 no later than twenty-five (25) days before each election an absentee ballot
20 for the election and no later than ten (10) days before the corresponding
21 runoff election, if any, for which the voter submitted an application for an
22 absentee ballot, unless the voter selected the option provided under
23 subdivision (b)(2)(C), in which case the county clerk shall automatically
24 mail to the voter no later than twenty-five (25) days before each election an
25 absentee ballot for each election held during the applicable one (1) year
26 period.
27 (B)(i) For those persons voting by absentee ballot who
28 reside within the county in which they are registered to vote, the
29 application shall be valid for only one (1) election cycle.
30 (ii) The election cycle shall include any one (1)
31 election and the corresponding runoff election.
32 (C)(i) For a voter residing in a long-term care or
33 residential care facility licensed by the state the application shall remain
34 in effect for one (1) calendar year unless withdrawn by the voter.
35 (ii) The county clerk automatically shall mail no
36 later than twenty-five (25) days before each election an absentee ballot for
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1 each election unless, before mailing, the administrator of the facility has
2 presented an absentee ballot request from the voter authorizing the
3 administrator to receive the absentee ballot on behalf of the voter for that
4 election.
5 (D)(i) For a voter with a disability as defined in 7-5-
6 311, the application shall remain in effect for one (1) calendar year unless
7 withdrawn by the voter.
8 (ii) The county clerk automatically shall mail no
9 later than twenty-five (25) days before each election an absentee ballot for
10 each election.
11
12 SECTION 3. Arkansas Code 7-5-405(a)(1) and (2), concerning the
13 application form for absentee ballots, are amended to read as follows:
14 (a)(1) Applications for absentee ballots may be made on a form or
15 forms prescribed by the Secretary of State and furnished by the county clerk
16 at least sixty (60) days before the election.
17 (2) The form or forms shall contain the following information:
18 (A) The following statement:
19 IF YOU PROVIDE FALSE INFORMATION ON THIS FORM, YOU MAY BE GUILTY OF PERJURY
20 AND SUBJECT TO A FINE OF UP TO $10,000 OR IMPRISONMENT FOR UP TO 10 YEARS.;
21 (B) A statement in which the voter must indicate that he
22 or she is requesting an absentee ballot because he or she will be:
23 (i) Unavoidably absent from the polling site on
24 election day;
25 (ii) Unable to attend the polls on election day
26 because of illness or physical disability; or
27 (iii) Unable to attend the polls on election day
28 because of residence in a long-term care or residential facility licensed by
29 the state;
30 (C) A statement by the voter indicating whether he or she
31 resides outside the county;
32 (D) A statement indicating whether the voter is a United
33 States citizen residing outside the territorial limits of the United States;
34 (E) A statement indicating whether the voter is in active
35 service as a member of the armed services of the United States;
36 (F) Mailing information for the ballot or the name and
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1 signature of a designated bearer, an administrator, or an authorized agent;
2 (G) The date, the voter's printed or typed name, voting
3 residence address, date of birth, and the voter's signature attesting to the
4 correctness of the information provided under penalty of perjury; and
5 (H)(i) The election in which the voter wishes to cast an
6 absentee ballot.
7 (ii) The language describing the election in which
8 the voter wishes to cast an absentee ballot:
9 (a) Shall be placed on the form by the
10 Secretary of State;
11 (b) May use terminology which varies from the
12 election terms adopted in the Arkansas Code;
13 (c) Shall include a list of election options
14 for absentee ballot voters to choose from when requesting their absentee
15 ballot;
16 (d) In providing the list of election options
17 in subdivision (a)(2)(H)(ii)(c), the Secretary of State shall:
18 (1) Use plain language terms which:
19 (i) Sufficiently identify which
20 ballot the voter is requesting; and
21 (ii) Are designated to be easily
22 read by the typical registered voter; and
23 (2) Provide the date on which each such
24 election is to be held.
25
26 SECTION 4. Arkansas Code 7-5-409(b), concerning materials furnished
27 to qualified voters, is amended to read as follows:
28 (b)(1) If the applicant is registered or is otherwise eligible to vote
29 absentee, the county clerk, prior to mailing or delivering the ballot, shall
30 detach the ballot stub and deposit the ballot stub into a sealed box
31 designated as Absentee Stub Box and deliver to the applicant or to the
32 applicant's designated bearer, authorized agent, or administrator for
33 delivery to the applicant the following materials:
34 (1)(A) An official absentee ballot for each election named
35 in the application;
36 (2)(B) Instructions for voting and returning the official
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1 absentee ballot to the county clerk;
2 (3)(C) An official absentee ballot secrecy envelope on
3 which there shall be written or printed the words Ballot Only;
4 (4)(A)(i)(D)(i)(a) A voter statement.
5 (ii)(b) The voter statement shall
6 include the following heading in bold capitalized letters: THIS VOTER
7 STATEMENT MUST BE COMPLETED AND RETURNED IN THE MAILING ENVELOPE OR THE
8 ABSENTEE BALLOT WILL NOT BE COUNTED.
9 (iii)(c) The voter statement shall
10 include the following statement in bold capitalized letters at the bottom of
11 the page: THE INFORMATION I HAVE PROVIDED IS TRUE TO THE BEST OF MY
12 KNOWLEDGE UNDER PENALTY OF PERJURY. IF I HAVE PROVIDED FALSE INFORMATION, I
13 MAY BE SUBJECT TO A FINE OF UP TO TEN THOUSAND DOLLARS ($10,000) OR
14 IMPRISONMENT FOR UP TO TEN (10) YEARS, OR BOTH, UNDER FEDERAL OR STATE LAWS.
15 (iv)(d) The voter statement shall
16 include a statement that the voter resides at the address on his or her
17 application.
18 (v)(e) The voter statement shall include
19 a statement for a first-time voter who registers by mail: If I am a newly
20 registered voter of this county and this is the first time I am voting in
21 this county, I am enclosing a copy of a current and valid photo
22 identification card or a current utility bill, bank statement, government
23 check, paycheck, or other government document that shows my name and
24 address.
25 (B)(ii) Blanks shall be provided for the voter to
26 provide his or her printed name, signature, address, date of birth, printed
27 name and address of the administrator, authorized agent, or designated
28 bearer, signature of administrator, authorized agent, or designated bearer,
29 and address of the administrator, authorized agent, or designated bearer;
30 (C)(i)(iii)(a) The voter statement shall include a
31 sworn statement portion that may be completed by the voter stating that the
32 voter is registered to vote and that he or she is the person who is
33 registered.
34 (ii)(b) The sworn statement portion of the
35 voter statement is not required to be notarized, but the voter shall execute
36 the sworn statement under penalty of perjury;
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1 (5)(E) A sealable envelope upon which shall be printed or
2 written the words: Return Envelope, the address of the county clerk, the
3 precinct of the voter, and the words: ABSENTEE BALLOT, ,
4 , ELECTION; and
5 (6)(F) An authorized agent authorization form, as follows:
6
7 AGENT AUTHORIZATION FORM
8 If applicable, fill out and sign this form and place it in the Return
9 Envelope
10 I hereby authorize (insert his or her name) as my authorized
11 agent, to deliver this ballot as I am medically unable to vote on election
12 day. An affidavit verifying my medical status as unable to deliver the
13 application or to vote on the day of the election is attached or has been
14 provided with my application.
15
16 Signature of voter
17
18 Printed name of voter
19
20 Address of voter
21
22 Date of birth of voter.
23 (2) The voter statement, instructions, and any other absentee
24 ballot materials required under subdivision (b)(1) of this section shall be
25 on forms:
26 (A) Prescribed by the State Board of Election
27 Commissioners with the assistance of the Secretary of State; and
28 (B) That are designed to be easily read by the typical
29 registered voter.
30
31 SECTION. 5. Arkansas Code 7-5-411(a)(2) and (3), concerning methods
32 of voting by absentee ballot, are amended to read as follows:
33 (2) By delivery of the ballot to the county clerk of the county
34 of residence of the voter not later than 7:30 p.m. on election day by the
35 voter or the designated bearer, administrator, or the authorized agent of the
36 absentee voter who is medically unable to vote at the regular polling site,
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1 upon proper verification of the signature of the voter by the county clerk
2 and validation of the identity of the authorized agent; or
3 (3) The voter may deliver the ballot to the county clerk of the
4 county of his or her residence not later than the close of regular business
5 hours on the day before the election.
6
7 SECTION 6. Arkansas Code 7-5-416 is amended to read as follows:
8 7-5-416. Counting of absentee ballots.
9 (a)(1) The election officials for absentee ballots may meet in a place
10 designated by the county board of election commissioners no earlier than the
11 Tuesday before the election for the purpose of opening the outer envelope,
12 processing, and canvassing of absentee ballot paper work and no earlier than
13 8:30 a.m. on election day for the purpose of opening the inner absentee
14 ballot envelope and counting the absentee ballots upon receipt of an absentee
15 ballot by the county clerk.
16 (2) The absentee ballots shall be tabulated or counted no
17 earlier than 8:30 a.m. on election day.
18 (3) The county board of election commissioners shall give public
19 notice of the time and location of the opening, processing, canvassing, and
20 counting of absentee ballots and early voting ballots as provided in 7-5-
21 202.
22 (3)(4) The county clerk shall forward the following items to the
23 election officials designated by the county board of election commissioners
24 to open, process, canvass, and count absentee ballots:
25 (A) The absentee ballot applications sorted alphabetically
26 or by precinct;
27 (B) The absentee ballots; and
28 (C) A written report containing the following information:
29 (i) The number of absentee ballot applications
30 received by the county clerk;
31 (ii) The number of absentee ballots sent by the
32 county clerk;
33 (iii) The number of absentee ballots returned to the
34 county clerk;
35 (iv) The number of absentee ballots rejected by the
36 county clerk and the reason for the rejection;
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1 (v) The number of absentee ballots marked as
2 received on the paper absentee ballot applications list; and
3 (vi) If the number of absentee ballots returned to
4 the county clerk and the number of absentee ballots marked as received on the
5 paper absentee ballot lists are different and the reason for the difference
6 is known, the reason for the difference.
7 (4)(5) The processing and counting of absentee ballots shall be
8 open to the public, and candidates and authorized poll watchers may be
9 present in person or by a representative designated in writing under 7-5-
10 312 during the opening, processing, canvassing, and counting of the absentee
11 ballots as provided in this subchapter.
12