Stricken language would be deleted from and underlined language would be added to present law.
1 State of Arkansas As Engrossed: S3/27/23 S3/29/23
2 94th General Assembly A Bill
3 Regular Session, 2023 SENATE BILL 235
4
5 By: Senator C. Tucker
6
7 For An Act To Be Entitled
8 AN ACT TO CREATE THE ARKANSAS ABSENTEE VOTER
9 INTEGRITY ACT OF 2023; TO AMEND THE LAW CONCERNING
10 COUNTING ABSENTEE BALLOTS; TO AMEND THE LAW
11 CONCERNING ELECTIONS; TO AMEND THE LAW CONCERNING THE
12 DUTIES OF THE SECRETARY OF STATE; AND FOR OTHER
13 PURPOSES.
14
15
16 Subtitle
17 TO CREATE THE ARKANSAS ABSENTEE VOTER
18 INTEGRITY ACT OF 2023; TO AMEND THE LAW
19 CONCERNING COUNTING ABSENTEE BALLOTS; TO
20 AMEND THE LAW CONCERNING ELECTIONS; AND
21 TO AMEND THE LAW CONCERNING THE DUTIES OF
22 THE SECRETARY OF STATE.
23
24
25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
26
27 SECTION 1. DO NOT CODIFY. Title.
28 This act shall be known and may be cited as the "Arkansas Absentee
29 Voter Integrity Act of 2023."
30
31 SECTION 2. Arkansas Code § 7-5-416 is amended to read as follows:
32 7-5-416. Counting of absentee ballots.
33 (a)(1) The election officials for absentee ballots may meet in a place
34 designated by the county board of election commissioners no earlier than the
35 Tuesday before the election for the purpose of opening the outer envelope,
36 processing, and canvassing of absentee ballot paper work of the outer
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1 envelope and no earlier than 8:30 a.m. on election day for the purpose of
2 opening the inner absentee ballot envelope and counting the absentee ballots.
3 (2) The absentee ballots shall be tabulated or counted no
4 earlier than 8:30 a.m. on election day.
5 (3) The county board of election commissioners shall give public
6 notice of the time and location of the opening, processing, canvassing, and
7 counting of absentee ballots and early voting ballots as provided in § 7-5-
8 202.
9 (3)(4) The county clerk shall provide the county board of
10 election commissioners with a daily count of absentee applications received,
11 to be reported weekly or upon request of the county board of election
12 commissioners.
13 (4)(5) The county clerk shall provide the county board of
14 election commissioners with a daily count of absentee ballots received, to be
15 reported weekly or upon request of the county board of election
16 commissioners.
17 (5)(6) The county clerk shall forward the following items to the
18 election officials designated by the county board of election commissioners
19 to open, process, canvass, and count absentee ballots:
20 (A) The absentee ballot applications sorted alphabetically
21 and by precinct;
22 (B) The absentee ballots; and
23 (C) A written report containing the following information:
24 (i) The number of absentee ballot applications
25 received by the county clerk;
26 (ii) The number of absentee ballots sent by the
27 county clerk;
28 (iii) The number of absentee ballots returned to the
29 county clerk;
30 (iv) The number of absentee ballots rejected by the
31 county clerk and the reason for the rejection;
32 (v) The number of absentee ballots marked as
33 received on the paper absentee ballot applications list; and
34 (vi) If the number of absentee ballots returned to
35 the county clerk and the number of absentee ballots marked as received on the
36 paper absentee ballot lists are different and the reason for the difference
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1 is known, the reason for the difference.
2 (6)(7) The processing and counting of absentee ballots shall be
3 open to the public, and candidates and authorized poll watchers may be
4 present in person or by a representative designated in writing under § 7-5-
5 312 during the opening, processing, canvassing, and counting of the absentee
6 ballots as provided in this subchapter.
7 (7)(A)(8)(A) The county board of election commissioners shall
8 begin tabulating absentee ballots and early votes before the polls close on
9 election day and continue counting absentee votes until all absentee votes,
10 except for overseas voters as otherwise provided under this section, and
11 early votes are counted and completed before counting or tabulating election
12 day votes Absentee and early votes shall be counted prior to the closing of
13 the polls on election day as provided under this section.
14 (B)(i) The county board of election commissioners shall
15 report by precinct the initial count of early votes and absentee ballot votes
16 to the Secretary of State as provided under § 7-5-701 as soon as practical
17 after the polls close on election day.
18 (ii) No election results of the precinct shall be
19 printed, posted, or released until after the polls close on election day.
20 (8)(A)(9)(A) After the outer envelope of an absentee ballot is
21 opened, a county clerk and deputies of the county clerk shall not have access
22 to:
23 (i) The absentee ballots;
24 (ii) Absentee ballot paperwork; or
25 (iii) The inner envelope of an absentee ballot.
26 (B) The county board of election commissioners may grant a
27 county clerk or deputies of the county clerk access to the absentee ballot
28 materials in subdivision (a)(8)(A)(a)(9)(A) of this section if the access is
29 granted by an affirmative vote of the county board of election commissioners
30 for a specific purpose and for a designated election.
31 (b)(1) The opening, processing, counting, and canvassing of absentee
32 ballots ballot materials shall be conducted opened by two (2) election
33 officials as follows:
34 (A) One (1) of the election officials shall open outer
35 absentee ballot envelopes one by one and verify the contents locate the
36 required voter materials;
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1 (B) If the required materials are properly placed in the
2 outer absentee ballot envelope, the election official shall proceed to read
3 aloud from the voter statement the name of the voter; The election officials
4 shall:
5 (i) Read aloud from the voter statement the name of
6 the voter and the voting precinct in which the voter claims to be a legal
7 voter;
8 (ii) List the name and voting precinct of the voter;
9 (iii) Compare the voter materials as provided under
10 subdivision (b)(2) of this section; and
11 (iv) For first-time voters who registered by mail,
12 compare the first-time voter's identification document unless the voter
13 previously provided identification at the time of mailing the voter
14 registration application;
15 (C) If the required materials are not properly placed in
16 the outer absentee ballot envelope,:
17 (i) a A second election official shall open the
18 inner absentee ballot envelope to verify the contents locate the required
19 voter materials no earlier than 8:30 a.m. on election day; and
20 (D)(ii) If all required materials are present within
21 one (1) or the other envelope, the The election officials shall put place the
22 absentee ballot materials, while preserving the secrecy of the voter's ballot
23 within the inner absentee envelope, in the proper an envelope while
24 preserving the secrecy of the voter's ballot and shall proceed to read aloud
25 from the voter statement the name of the voter and the voting precinct in
26 which the voter claims to be a legal voter; marked "provisional", and the
27 absentee ballot shall be considered a provisional ballot; and
28 (E) As each outer envelope is opened and the name of the
29 voter is read, the election officials for the absentee box shall list the
30 name and voting precinct of the voter;
31 (D) If the required materials are properly placed in the
32 outer absentee envelope, then the election officials shall compare the voter
33 materials as provided under subdivision (b)(2) of this section.
34 (2)(A) After the opening of the absentee ballot materials, the
35 two (2) election officials shall canvass and compare the absentee ballot
36 materials as follows:
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1 (i) The election officials shall compare all
2 absentee ballot materials returned, except the voter's ballot, which shall be
3 maintained within the inner absentee ballot envelope to preserve the secrecy
4 of the ballot, including without limitation:
5 (a) Absentee ballot applications;
6 (b) Voter statements;
7 (c) A voter's voter identity documentation;
8 and
9 (d) Any additional information or
10 documentation provided by the voter in the absentee ballot envelope;
11 (ii) The election officials shall review the
12 absentee ballot materials to determine whether:
13 (a) The voter's name, residential voting
14 address, date of birth, and signature are comparable;
15 (F)(i) After the election official reads aloud from the
16 statement, the election officials shall compare the name, address, date of
17 birth, and signature of the voter's absentee application with the voter's
18 statement and, for first-time voters who registered by mail, the first-time
19 voter's identification document unless the voter previously provided
20 identification at the time of mailing the voter registration application.
21 (ii) If the county board of election commissioners
22 determines that the absentee application and the voter's statement do not
23 compare as to name, residential voting address, date of birth, and signature,
24 the absentee ballot shall not be counted.
25 (b) The voter identification document, voter
26 statement, and inner envelope containing the absentee ballot are present; and
27 (c) If a designated bearer, authorized agent,
28 or administrator delivers the ballot, the name of the designated bearer,
29 authorized agent, or administrator written on the absentee ballot application
30 compares with the information on the voter statement;
31 (iii) The election officials shall place the
32 absentee ballot materials, including the inner envelope containing the
33 ballot, in an envelope marked "provisional", and the absentee ballot shall be
34 considered a provisional ballot if:
35 (a) The absentee application and the voter's
36 statement do not compare as to name, residential voting address, date of
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1 birth, and signature; or
2 (b) A designated bearer, authorized agent, or
3 administrator delivers the ballot, and the name of the designated bearer,
4 authorized agent, or administrator does not compare with the information on
5 the voter statement;
6 (iv) If a first-time voter fails to provide the
7 required voter identification with the absentee ballot or at the time of
8 mailing the voter registration application, then the absentee application,
9 absentee ballot envelope, and voter's statement shall be placed in an
10 envelope marked “provisional” and the absentee ballot shall be considered a
11 provisional ballot; or if any other voter fails to provide the required voter
12 identification with the absentee ballot, the election officials shall place
13 the absentee ballot materials including the inner envelope containing the
14 ballot in an envelope marked "provisional", and the absentee ballot shall be
15 considered a provisional ballot;
16 (G)(i) The election officials shall compare the name and
17 address of the bearer, agent, or administrator written on the absentee ballot
18 return envelope with the information on the voter statement. If the
19 information does not match, then the outer envelope, absentee application,
20 secrecy envelope containing the ballot, and the voter's statement shall be
21 placed in an envelope marked “provisional” and the absentee ballot shall be
22 considered a provisional ballot.
23 (ii) The election officials shall compare the name
24 of the bearer written on the absentee ballot application with the information
25 on the voter statement, and if the information does not compare, the ballot
26 shall be a provisional ballot.
27 (iii) An absentee ballot designated as a provisional
28 ballot for the lack of a designation of, or name of, a designated bearer
29 shall be counted only if the county board of election commissioners does not
30 determine that the provisional ballot is invalid and should not be counted
31 based on other grounds;
32 (H) If the absentee voter fails to return the voter
33 statement, the vote shall not be counted;
34 (v) The ballot shall be designated to be counted or
35 tabulated if:
36 (a) All required absentee ballot materials are
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1 present;
2 (b) The voter’s name, residential voting
3 address, date of birth, and signature compare; and
4 (c) If a designated bearer, authorized agent,
5 or administrator delivered the ballot, the name of the designated bearer,
6 authorized agent, or administrator written on the absentee ballot application
7 compares with the information on the voter statement; and
8 (vi) The absentee ballot materials shall be
9 transmitted to the county board of election commissioners for additional
10 review if:
11 (a) Any required absentee ballot materials are
12 missing;
13 (b) The voter's name, residential voting
14 address, date of birth, and signature do not compare; or
15 (c) If a designated bearer, authorized agent,
16 or administrator delivers the ballot, the name of the designated bearer,
17 authorized agent, or administrator does not compare with the information on
18 the voter statement.
19 (B)(i) A member of a county board of election
20 commissioners, acting in his or her individual capacity as an election
21 official, may perform the duties under subdivision (b)(2)(A) of this section.
22 (ii) However, performance of the duties under
23 subdivision (b)(2)(A) of this section by a member of the county board of
24 election commissioners shall not satisfy or serve as performance of the
25 duties of the whole county board of election commissioners under subdivision
26 (b)(3) of this section.
27 (3) After canvassing and comparison by the election officials,
28 the absentee ballot materials shall be canvassed and compared by the county
29 board of election commissioners as follows:
30 (A)(i) The county board of election commissioners shall
31 review the absentee ballot materials transmitted to it under subdivision
32 (b)(2)(A)(vi) of this section.
33 (ii) The county board of election commissioners may:
34 (a) Review the absentee ballot materials that
35 were designated to be counted or tabulated by the election officials before
36 counting or tabulation; and
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