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Arkansas House Bill HB1035

Arkansas 2025 Regular Session

Arkansas House Bill HB1035 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
22 *SSS011* 11/20/2024 10:52:40 AM SSS011
33 State of Arkansas 1
44 95th General Assembly A Bill 2
55 Regular Session, 2025 HOUSE BILL 1035 3
66 4
77 By: Representative A. Collins 5
88 6
99 7
1010 For An Act To Be Entitled 8
1111 AN ACT TO CREATE THE ONLINE VOTER REGISTRATION ACT OF 9
1212 2025; TO ALLOW ONLINE VOTER REGISTRATION; TO AMEND 10
1313 ARKANSAS CONSTITUTION, AMENDMENT 51; TO AMEND THE 11
1414 DUTIES OF THE SECRETARY OF STATE; AND FOR OTHER 12
1515 PURPOSES. 13
1616 14
1717 15
1818 Subtitle 16
1919 TO CREATE THE ONLINE VOTER REGISTRATION 17
2020 ACT OF 2025; TO ALLOW ONLINE VOTER 18
2121 REGISTRATION; TO AMEND ARKANSAS 19
2222 CONSTITUTION, AMENDMENT 51; AND TO AMEND 20
2323 THE DUTIES OF THE SECRETARY OF STATE. 21
2424 22
2525 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
2626 24
2727 SECTION 1. DO NOT CODIFY. Title. 25
2828 This act shall be known and may be cited as "The Online Voter 26
2929 Registration Act of 2025". 27
3030 28
3131 SECTION 2. Arkansas Constitution, Amendment 51, § 5(b)(1), concerning 29
3232 the duties of voter registration officials, is amended to read as follows: 30
3333 (b)(1)(A) The Secretary of State is designated as the chief election 31
3434 official. The Secretary of State shall prepare and distribute the pre -32
3535 addressed postcard mail voter registration application forms described in 51 -33
3636 6 of this amendment. Mail voter registration application forms shall serve 34
3737 for purposes of initial applications to register and shall also serve for 35
3838 changes of name, address, or party affiliation. Bilingual (Spanish/English) 36 HB1035
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4141 forms, braille forms, and large print forms shall be available upon request. 1
4242 The Secretary of State shall make the state mail voter registration 2
4343 application form available for distribution through governmental and private 3
4444 entities with particular emphasis on making them available for organized 4
4545 voter registration programs. Any person may distribute state registration 5
4646 cards. All registration cards shall be distributed to the public without 6
4747 charge. 7
4848 (B)(i) The Secretary of State shall prepare and administer 8
4949 online voter registration application forms. 9
5050 (ii) Online voter registration application forms may 10
5151 serve for purposes of initial applications to register and may serve for 11
5252 changes of name, address, or party affiliation. 12
5353 (iii) The system used to access the online voter 13
5454 registration application forms shall be accessible without charge. 14
5555 15
5656 SECTION 3. Arkansas Constitution, Amendment 51, § 5(e), concerning the 16
5757 duties of registration officials, is amended to add an additional subdivision 17
5858 to read as follows: 18
5959 (f)(1) The Secretary of State may promulgate rules including detailed 19
6060 specifications for the online voter registration application forms, and the 20
6161 security measures for the protection of the voter registration applicant 21
6262 information and the voter registration list. 22
6363 (2) A rule promulgated under subdivision (f)(1) of this section 23
6464 shall: 24
6565 (A) Be consistent with this amendment and the laws passed 25
6666 by the General Assembly; 26
6767 (B) Be of uniform application across the state; and 27
6868 (C) Follow the procedure for review and approval by the 28
6969 General Assembly under the Arkansas Administrative Procedure Act, § 25 -15-201 29
7070 et seq. 30
7171 (3) The Secretary of State shall not promulgate an emergency 31
7272 rule under this subsection (f) and under the Arkansas Administrative 32
7373 Procedure Act, § 25-15-201 et seq., within one hundred eighty (180) days of a 33
7474 federal election unless approved by the General Assembly or if the General 34
7575 Assembly is not in session, by the Legislative Council. 35
7676 36 HB1035
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7979 SECTION 4. Arkansas Constitution, Amendment 51, § 6(a)(1), concerning 1
8080 statements included on the mail voter registration application form, is 2
8181 amended to read as follows: 3
8282 (a)(1) The mail voter registration application form and the online 4
8383 voter registration application form may only require identifying information, 5
8484 including a physical signature or mark, an electronic signature or mark, and 6
8585 other information, including data relating to previous registration by the 7
8686 applicant, as is necessary to assess the applicant's eligibility and to 8
8787 administer voter registration and other parts of the election process. 9
8888 10
8989 SECTION 5. Arkansas Constitution, Amendment 51, § 6(a)(3)(F), 11
9090 concerning statements included on the mail voter registration application 12
9191 form, is amended to read as follows: 13
9292 (F) A physical signature or mark or an electronic 14
9393 signature or mark made under penalty of perjury that the applicant meets each 15
9494 requirement for voter registration; 16
9595 17
9696 SECTION 6. Arkansas Constitution, Amendment 51, § 6(a)(4), concerning 18
9797 statements included on the mail voter registration application form, is 19
9898 amended to read as follows: 20
9999 (4) The following information may be requested on the 21
100100 registration card or online voter registration application form , but it shall 22
101101 not be required: 23
102102 (A) Telephone number where the applicant may be contacted; 24
103103 and 25
104104 (B) Political party with which the applicant wishes to be 26
105105 affiliated, if any. 27
106106 28
107107 SECTION 7. Arkansas Constitution, Amendment 51, § 6(a)(5), concerning 29
108108 statements included on the mail voter registration application form, is 30
109109 amended to read as follows: 31
110110 (5) The mail voter registration application form or the online 32
111111 voter registration application form shall not include any a requirement for 33
112112 notarization or other formal authentication. 34
113113 35
114114 SECTION 8. Arkansas Constitution, Amendment 51, § 6(a)(6), concerning 36 HB1035
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117117 statements included on the mail voter registration application form, is 1
118118 amended to read as follows: 2
119119 (6) The mail voter registration application form and the online 3
120120 voter registration application form shall include the following questions 4
121121 along with boxes or other means for the applicant to check “yes” or “no” in 5
122122 response: 6
123123 (A) “Are you a citizen of the United States of America 7
124124 and an Arkansas resident?”; 8
125125 (B) “Will you be eighteen (18) years of age on or before 9
126126 election day?”; 10
127127 (C) “Are you presently adjudged mentally incompetent by a 11
128128 court of competent jurisdiction?”; and 12
129129 (D) “Have you ever been convicted of a felony without 13
130130 your sentence having been discharged or pardoned?”. 14
131131 15
132132 SECTION 9. Arkansas Constitution, Amendment 51, § 6(a)(7), concerning 16
133133 statements included on the mail voter registration application form, is 17
134134 amended to read as follows: 18
135135 (7) The mail voter registration application form and the online 19
136136 voter registration application form shall include the following statements 20
137137 immediately following the questions asked in subdivision (a)(6) of this 21
138138 section: 22
139139 (A) “If you checked ‘No’ in response to either questions A 23
140140 or B, do not complete this form.”; 24
141141 (B) “If you checked ‘Yes’ in response to either questions 25
142142 C or D, do not complete this form.”; and 26
143143 (C) The mail-in voter registration application form and 27
144144 the online voter registration application form shall include the following 28
145145 statement: 29
146146 “If your voter registration application form is 30
147147 submitted by mail or online and you are registering for the first time, and 31
148148 you do not have a valid driver's license number or Social Security number, in 32
149149 order to avoid the additional identification requirements upon voting for the 33
150150 first time you must submit with the mailed voter registration application 34
151151 form: (a) a current and valid photo identification; or (b) a copy of a 35
152152 current utility bill, bank statement, government check, paycheck, or other 36 HB1035
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155155 government document that shows your name and address.” 1
156156 2
157157 SECTION 10. Arkansas Constitution, Amendment 51, § 8(a)(2), concerning 3
158158 voter registration application records and reports, is amended to read as 4
159159 follows: 5
160160 (2) The Secretary of State shall transmit all mail voter 6
161161 registration applications application forms and online voter registration 7
162162 application forms to the appropriate permanent registrar no later than ten 8
163163 (10) days after the date of receipt. When applications mail voter 9
164164 registration application forms and online voter registration application 10
165165 forms are received within five (5) days before the last day of registration 11
166166 for an election, they must be transmitted no later than five (5) days after 12
167167 date of receipt. If mail voter registration application forms and online 13
168168 voter registration application forms are received by the wrong election 14
169169 office, they shall be forwarded to the appropriate permanent registrar not 15
170170 later than the fifth day after receipt. 16
171171 17
172172 SECTION 11. Arkansas Constitution, Amendment 51, § 8(c)(1), concerning 18
173173 voter registration application records and reports, is amended to read as 19
174174 follows: 20
175175 (c)(1) The Secretary of State shall collect, maintain, and publish 21
176176 monthly statistical data reflecting the number of new voter registration 22
177177 applications, changes of address, name, and party affiliation, and 23
178178 declinations received by mail , electronically, and in: 24
179179 (A) state State revenue offices; 25
180180 (B) public Public assistance agencies; 26
181181 (C) disabilities Disabilities agencies; 27
182182 (D) recruitment Recruitment offices of the Armed Forces of 28
183183 the United States United States Armed Forces ; 29
184184 (E) public Public libraries; and 30
185185 (F) offices Offices of the Arkansas National Guard. 31
186186 32
187187 SECTION 12. Arkansas Constitution, Amendment 51, § 9(c), concerning 33
188188 the application to register to vote, is amended to add an additional 34
189189 subdivision to read as follows: 35
190190 (4) The permanent registrar shall register qualified applicants 36 HB1035
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193193 who apply to register to vote by using an online voter registration 1
194194 application form if: 2
195195 (A) The online voter registration application form is 3
196196 submitted no later than thirty (30) days before the date of the election; and 4
197197 (B) The applicant for online voter registration provides a 5
198198 current valid driver's license number or the last four (4) digits of the 6
199199 applicant's Social Security number. 7
200200 8
201201 SECTION 13. Arkansas Constitution, Amendment 51, § 10(a), concerning 9
202202 the transfer and change of status for a registered voter, is amended to read 10
203203 as follows: 11
204204 (a) Upon a change of legal residence within the county, or a change of 12
205205 name, any registered voter may cause his or her registration to be 13
206206 transferred to his or her new address or new name by completing and mailing a 14
207207 federal or state mail voter registration application form, by completing an 15
208208 online voter registration application form, by updating his or her address at 16
209209 the Office of Driver Services, any state revenue office, public assistance 17
210210 agency, disabilities agency, or other voter registration agency, by signing a 18
211211 mailed request to the permanent registrar, giving his or her present address 19
212212 and the address at which he or she was last registered or his or her present 20
213213 name and the name under which he or she was last registered, or by applying 21
214214 in person at the office of the permanent registrar. 22
215215 23
216216 SECTION 14. Arkansas Constitution, Amendment 51, § 10(b)(1), 24
217217 concerning the transfer and change of status for a registered voter, is 25
218218 amended to add an additional subdivision to read as follows: 26
219219 (b)(1) Upon a change of legal residence from one (1) county within the 27
220220 state to another county within the state, any registered voter may cause his 28
221221 or her registration to be transferred to the new county at his or her new 29
222222 address by: 30
223223 (A) Completing and mailing a federal or state mail voter 31
224224 registration application form; 32
225225 (B) Updating his or her new address at a voter 33
226226 registration agency, including without limitation the Office of Driver 34
227227 Services or a state revenue office, public assistance agency, or disabilities 35
228228 agency; 36 HB1035
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231231 (C) Signing a mailed request to the permanent registrar 1
232232 giving the voter's present address and the address at which the voter was 2
233233 last registered; or 3
234234 (D) Applying in person for the transfer at the office of 4
235235 the permanent registrar . ; or 5
236236 (E) Completing an online voter registration application 6
237237 form. 7
238238 8
239239 SECTION 15. Arkansas Code § 7 -5-201(e)(1), concerning voter 9
240240 qualification, is amended to read as follows: 10
241241 (e)(1) A person registering to vote by mail or by an online voter 11
242242 registration application form and who has not previously voted in a federal 12
243243 election in this state shall: 13
244244 (A) Present to the election official a current and valid 14
245245 photo identification or a copy of a current utility bill, bank statement, 15
246246 government check, paycheck, or other government document that shows the name 16
247247 and address of the voter when appearing to vote in person either early or at 17
248248 the polls on election day; or 18
249249 (B) When voting by mail, submit with the ballot a copy of 19
250250 a current and valid photo identification or a copy of a current utility bill, 20
251251 bank statement, government check, paycheck, or other government document that 21
252252 shows the name and address of the voter. 22
253253 23
254254 SECTION 16. Arkansas Code § 7 -5-201(e)(3)(E) and (F), concerning voter 24
255255 qualification, are amended to read as follows: 25
256256 (E) Persons who register to vote by mail or by an online 26
257257 voter registration application form and submit as part of the registration 27
258258 any of the identification documents listed in subdivision (e)(1) of this 28
259259 section; or 29
260260 (F) Persons who register to vote by mail or by an online 30
261261 voter registration application form and submit with the registration either a 31
262262 driver's license number or at least the last four (4) digits of the 32
263263 individual's Social Security number and with respect to whom a state or local 33
264264 election official matches the license number or Social Security number with 34
265265 an existing state identification record bearing the same number, name, and 35
266266 date of birth as provided in the registration. 36 HB1035
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269269 1
270270 SECTION 17. Arkansas Code § 7 -5-305(a)(8)(B)(iii), concerning first -2
271271 time voter identification, is amended to read as follows: 3
272272 (iii) A first-time voter who registers by mail or by 4
273273 an online voter registration application form without providing 5
274274 identification when registering and desires to vote in person but who does 6
275275 not meet the identification requirements of § 7 -5-201(e) may cast a 7
276276 provisional ballot. 8
277277 9
278278 SECTION 18. Arkansas Code Title 7, Chapter 5, Subchapter 3, is amended 10
279279 to add an additional section to read as follows: 11
280280 7-5-325. Online voter registration. 12
281281 (a) The Secretary of State shall establish and maintain a secure 13
282282 online voter registration system. 14
283283 (b) The online voter registration system shall allow: 15
284284 (1) The submission of an online voter registration application 16
285285 form meeting the requirements established in Arkansas Constitution, Amendment 17
286286 51, § 6; and 18
287287 (2) A voter registration to be completed using the online voter 19
288288 registration system and after completion on the online voter registration 20
289289 system, to be included on the voter registration list. 21
290290 (c) The Secretary of State shall: 22
291291 (1) Employ security measures the Secretary of State determines 23
292292 to be necessary to ensure the integrity, accuracy, and security of the online 24
293293 voter registration system; and 25
294294 (2) Establish and implement a process for the verification of 26
295295 address information submitted by a person registering to vote, or a 27
296296 registered voter updating his or her address when: 28
297297 (A) Using the online voter registration application form; 29
298298 (B) Providing address information to a state agency 30
299299 charged with voter registration address information; or 31
300300 (C) Using a state mail voter registration application 32
301301 form. 33
302302 (d) Each person using the online voter registration system shall be 34
303303 informed as to whether: 35
304304 (1) The online voter registration application form has been 36 HB1035
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307307 successfully submitted and is pending approval; or 1
308308 (2) The online voter registration system encountered an error in 2
309309 processing the online voter registration application form and the online 3
310310 voter registration application form was not successfully submitted. 4
311311 (e)(1) The Secretary of State shall promulgate rules necessary to 5
312312 implement the requirements under this section under the Arkansas 6
313313 Administrative Procedure Act, § 25 -15-201 et seq. 7
314314 (2) The Secretary of State shall not promulgate emergency rules 8
315315 necessary to implement this section under the Arkansas Administrative 9
316316 Procedure Act, § 25-15-201 et seq., within one hundred eighty (180) days of a 10
317317 federal election unless approved by the General Assembly or if the General 11
318318 Assembly is not in session, by the Legislative Council. 12
319319 13
320320 SECTION 19. Arkansas Code § 7 -5-412(a)(2)(B) concerning identification 14
321321 for absentee ballots, is amended to read as follows: 15
322322 (B) A copy of a current and valid photographic 16
323323 identification or a copy of a current utility bill, bank statement, 17
324324 government check, paycheck, or other government document that shows the name 18
325325 and address of the first -time voter, for first -time voters who registered by 19
326326 mail or by an online voter registration application form . However, this 20
327327 requirement does not apply if: 21
328328 (i) The voter registered to vote by mail or by an 22
329329 online voter registration application form and provided the identification at 23
330330 that time; or 24
331331 (ii) The first-time voter registered to vote by mail 25
332332 or by an online voter registration application form and submitted his or her 26
333333 driver's license number or at least the last four (4) digits of his or her 27
334334 Social Security number at the time and this information matches the 28
335335 information in an existing state identification record bearing the same 29
336336 number, name, and date of birth as provided in the registration. 30
337337 31
338338 SECTION 20. Arkansas Code § 7 -5-416(b)(1)(F), concerning the counting 32
339339 of absentee ballots, is amended to read as follows: 33
340340 (F)(i) After the election official reads aloud from the 34
341341 statement, the election officials shall compare the name, address, date of 35
342342 birth, and signature of the voter's absentee application with the voter's 36 HB1035
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345345 statement and,: 1
346346 (a) for For first-time voters who registered 2
347347 by mail, the first-time voter's identification document unless the voter 3
348348 previously provided identification at the time of mailing the voter 4
349349 registration application .; or 5
350350 (b) For first-time voters who registered using 6
351351 an online voter registration application form, the first -time voter's 7
352352 identification document unless the voter previously provided identification 8
353353 at the time of electronically registering using an online voter registration 9
354354 application form. 10
355355 (ii) If the county board of election commissioners 11
356356 determines that the absentee application and the voter's statement do not 12
357357 compare as to name, residential voting address, date of birth, and signature, 13
358358 the absentee ballot shall not be counted. 14
359359 (iii) If a first-time voter fails to provide the 15
360360 required identification with the absentee ballot or at the time of mailing 16
361361 the voter registration application , or at the time of registration using an 17
362362 online voter registration application form, then the absentee application, 18
363363 absentee ballot envelope, and voter's statement shall be placed in an 19
364364 envelope marked “provisional” and the absentee ballot shall be considered a 20
365365 provisional ballot; 21
366366 22
367367 SECTION 21. EFFECTIVE DATE. This act shall become effective on and 23
368368 after January 1, 2026. 24
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