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Arkansas House Bill HB1036

Arkansas 2025 Regular Session

Arkansas House Bill HB1036 Compare Versions

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11 Stricken language would be deleted from and underlined language would be added to present law.
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33 State of Arkansas 1
44 95th General Assembly A Bill 2
55 Regular Session, 2025 HOUSE BILL 1036 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 AMEND THE LAW CONCERNING VOTER 9
1212 REGISTRATION; TO ALLOW VOTER REGISTRATION DURING 10
1313 EARLY VOTING AND ON ELECTION DAY; TO AMEND PROVISIONS 11
1414 OF ARKANSAS CONSTITUTION, AMENDMENT 51, UNDER THE 12
1515 AUTHORITY OF ARKANSAS CONSTITUTION, AMENDMENT 51, § 13
1616 19; AND FOR OTHER PURPOSES. 14
1717 15
1818 16
1919 Subtitle 17
2020 TO AMEND THE LAW CONCERNING VOTER 18
2121 REGISTRATION; TO ALLOW VOTER 19
2222 REGISTRATION DURING EARLY VOTING AND ON 20
2323 ELECTION DAY; AND TO AMEND PROVISIONS OF 21
2424 ARKANSAS CONSTITUTION, AMENDMENT 51. 22
2525 23
2626 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
2727 25
2828 SECTION 1. Under the authority granted by Arkansas Constitution, 26
2929 Amendment 51, § 19, Arkansas Constitution, Amendment 51, § 6(a)(2)(G), 27
3030 concerning statements informing voter registration applicants, is amended to 28
3131 read as follows: 29
3232 (G) Inform the applicant that if the voter registration 30
3333 application is being collected by a third -party voter registration 31
3434 organization, the third -party voter registration organization may be unable 32
3535 to deliver the application to the permanent registrar in the county in which 33
3636 the applicant resides before the thirty -day pre-election voter registration 34
3737 deadline under Arkansas Constitution, Amendment 51, § 9(b)(1) to vote in the 35
3838 next election and that the applicant may elect to deliver the application in 36 HB1036
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4141 person or by mail; and 1
4242 2
4343 SECTION 2. Under the authority granted by Arkansas Constitution, 3
4444 Amendment 51, § 19, Arkansas Constitution, Amendment 51, § 8(a), concerning 4
4545 the processing of voter registration applications, is amended to read as 5
4646 follows: 6
4747 (a)(1) The Office of Driver Services, State Revenue Offices state 7
4848 revenue offices, public assistance agencies, disabilities agencies, and other 8
4949 voter registration agencies shall transmit all completed voter registration 9
5050 applications to the Secretary of State in sufficient time to allow the 10
5151 Secretary of State to transmit the applications to the appropriate permanent 11
5252 registrar no later than ten (10) days after the date of acceptance by the 12
5353 assisting agency. When applications are accepted within five (5) days before 13
5454 the last day of for an election under Arkansas Constitution, Amendment 51, § 14
5555 9(b)(1), they must be transmitted no later than five (5) days after the date 15
5656 of acceptance at the assisting agency. 16
5757 (2) The Secretary of State shall transmit all mail voter 17
5858 registration applications to the appropriate permanent registrar no later 18
5959 than ten (10) days after the date of receipt. When applications are received 19
6060 within five (5) days before the last day of pre-election registration for an 20
6161 election under Arkansas Constitution, Amendment 51, § 9(b)(1) , they must be 21
6262 transmitted no later than five (5) days after date of receipt. If forms are 22
6363 received by the wrong election office, they shall be forwarded to the 23
6464 appropriate permanent registrar not later than the fifth day after receipt. 24
6565 25
6666 SECTION 3. Under the authority granted by Arkansas Constitution, 26
6767 Amendment 51, § 19, Arkansas Constitution, Amendment 51, § 9(b), concerning 27
6868 the voter registration deadline, is amended to read as follows: 28
6969 (b)(1) Except as otherwise provided in subdivision (b)(2) of this 29
7070 section, Registration registration shall be in progress at all times except 30
7171 during the thirty-day period immediately prior to any election scheduled 31
7272 within the county, during which period registration of voters shall cease for 32
7373 that election, but registration during such period shall be effective for 33
7474 subsequent elections. 34
7575 (2) Registration shall be permitted: 35
7676 (A) During early voting for a person appearing in person 36 HB1036
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7979 at an early voting location; and 1
8080 (B) On election day for a person appearing in person at a 2
8181 polling site or a vote center established in his or her county of residence. 3
8282 4
8383 SECTION 4. Under the authority granted by Arkansas Constitution, 5
8484 Amendment 51, § 19, Arkansas Constitution, Amendment 51, § 9(c)(2), 6
8585 concerning voter registration submitted to the permanent registrar, is 7
8686 amended to read as follows: 8
8787 (2) Any person who assists applicants with a voter registration 9
8888 application as part of a voter registration drive or who, in furtherance of a 10
8989 voter registration drive, gathers or possesses completed applications for 11
9090 submission to the permanent registrar or Secretary of State shall deliver all 12
9191 applications in his or her possession to the permanent registrar or Secretary 13
9292 of State within twenty -one (21) days of the date on the voter registration 14
9393 application and, in any event, no later than the deadline for pre-election 15
9494 voter registration for the next election under Arkansas Constitution, 16
9595 Amendment 51, § 9(b)(1) . 17
9696 18
9797 SECTION 5. Under the authority granted by Arkansas Constitution, 19
9898 Amendment 51, § 19, Arkansas Constitution, Amendment 51, § 10(b)(2), 20
9999 concerning updating voter registration, is amended to read as follows: 21
100100 (2)(A) If the updated registration information is actually 22
101101 received in the office of the county clerk of the voter's new county not 23
102102 later than four (4) days before a scheduled election, the voter shall have 24
103103 the right to vote in the scheduled election in the precinct into which the 25
104104 voter just moved in the new county. 26
105105 (B) If the updated registration information is not 27
106106 actually received by the fourth day before a scheduled election, the voter 28
107107 shall not be eligible to vote in the scheduled election may update his or his 29
108108 voter registration in accordance with subsection (g) of this section . 30
109109 31
110110 SECTION 6. Under the authority granted by Arkansas Constitution, 32
111111 Amendment 51, § 19, Arkansas Constitution, Amendment 51, § 10(c), concerning 33
112112 the deadline to change legal residence on voter registration, is amended to 34
113113 read as follows: 35
114114 (c) If the change of legal residence is made pursuant to subsection 36 HB1036
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117117 (a) or subdivision (d)(1) of this section following the deadline for pre -1
118118 election voter registration during the thirty-day administrative cut -off 2
119119 period under Arkansas Constitution, Amendment 51, § 9(b)(1) immediately prior 3
120120 to any election scheduled within the county, the registered voter shall 4
121121 retain his or her right to vote in the scheduled election in the precinct to 5
122122 which he or she just moved. 6
123123 7
124124 SECTION 7. Under the authority granted by Arkansas Constitution, 8
125125 Amendment 51, § 19, Arkansas Constitution, Amendment 51, § 10, concerning 9
126126 transfer and change of status for voter registration, is amended to add an 10
127127 additional subsection to read as follows: 11
128128 (g) A person appearing in person on election day or during early 12
129129 voting at an open polling site, a vote center, or an early voting location 13
130130 established in his or her county of residence may update his or her voter 14
131131 registration on the same day as his or her appearance in accordance with § 7 -15
132132 5-113. 16
133133 17
134134 SECTION 8. Arkansas Code § 7 -1-113(c)(3), concerning duties of an 18
135135 election official before a person is permitted to cast a vote at a vote 19
136136 center, is amended to read as follows: 20
137137 (3) If the voter's name or address is not the same as that in 21
138138 the county voter registration record files, request that the voter complete 22
139139 an updated voter registration application form in accordance with § 7 -5-113; 23
140140 and 24
141141 25
142142 SECTION 9. Arkansas Code Title 7, Chapter 5, is amended to add an 26
143143 additional section to read as follows: 27
144144 7-5-113. Voter registration on election day or during early voting. 28
145145 (a) A person appearing in person on election day or during early 29
146146 voting at an open polling site, a vote center, or an early voting location 30
147147 established in his or her county of residence is eligible to register to vote 31
148148 or update registration on the same day as his or her appearance. 32
149149 (b) To register or update registration and vote under subsection (a) 33
150150 of this section: 34
151151 (1) The person shall: 35
152152 (A) Register in the manner set forth by Arkansas 36 HB1036
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155155 Constitution, Amendment 51; or 1
156156 (B) Update his or her registration by completing an 2
157157 updated voter registration application; 3
158158 (2) The person shall sign a written eligibility affirmation 4
159159 under penalty of perjury in the presence of a poll worker that he or she is 5
160160 eligible to vote and has not already voted in the election in any county in 6
161161 the state; 7
162162 (3) The poll worker shall verify that the person has not already 8
163163 voted in the election in any county in the state; and 9
164164 (4) The poll worker shall update the voter registration records 10
165165 in a manner immediately evident to every open polling site, vote center, and 11
166166 early voting location in every county in the state to indicate that the 12
167167 person has voted in the election. 13
168168 (c)(1) If the poll worker is unable to complete the required duties in 14
169169 subdivisions (b)(3) or (b)(4) of this section, the voter may cast a 15
170170 provisional ballot in accordance with the procedures in § 7 -5-308. 16
171171 (2) Unless enjoined by a court with jurisdiction, a provisional 17
172172 ballot under this subsection shall be counted if: 18
173173 (A) The voter returns to the county board of election 19
174174 commissioners or the county clerk by 12:00 noon on the Monday following the 20
175175 election and presents documentation that allows the county board of election 21
176176 commissioners or the county clerk to verify the requirements in subdivisions 22
177177 (b)(3) and (b)(4) of this section; and 23
178178 (B) The county board of election commissioners does not 24
179179 determine that the provisional ballot is invalid and should not be counted 25
180180 based on other grounds. 26
181181 (d) Poll workers shall maintain an additional list in the same format 27
182182 as the precinct voter registration list for all persons who register to vote 28
183183 or update voter registration under this section which shall be considered 29
184184 part of the precinct voter registration list. 30
185185 31
186186 SECTION 10. Arkansas Code § 7 -5-201(a), concerning voter 32
187187 qualifications, is amended to read as follows: 33
188188 (a) To be qualified to vote, a person shall have registered at least 34
189189 thirty (30) calendar days immediately prior to the election and in the manner 35
190190 set forth by Arkansas Constitution, Amendment 51. 36 HB1036
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193193 1
194194 SECTION 11. Arkansas Code § 7 -5-305(a)(5) and (6), concerning poll 2
195195 worker duties before a person is permitted to vote, is amended to read as 3
196196 follows: 4
197197 (5)(A) If the voter's address is not the same as that on the 5
198198 precinct voter registration list, verify with the county clerk that the 6
199199 address is within the precinct. 7
200200 (B) If the address is within the precinct, request the 8
201201 voter to complete a voter registration application form for the purpose of 9
202202 updating county voter registration record files in accordance with § 7 -5-113. 10
203203 (C) If the address is not within the precinct: 11
204204 (i) Verify with the county clerk's office the proper 12
205205 precinct; and 13
206206 (ii) Instruct the voter to go to the polling site 14
207207 serving that precinct in order for his or her vote to be counted; 15
208208 (6) If the voter's name is not the same as that on the precinct 16
209209 voter registration list, request the voter to complete a voter registration 17
210210 application form for purposes of updating county voter registration record 18
211211 files in accordance with § 7 -5-113; 19
212212 20
213213 SECTION 12. Arkansas Code § 7 -5-306(a), concerning procedure when a 21
214214 voter's name is not on the precinct voter registration list, is amended to 22
215215 read as follows: 23
216216 (a) If the a voter's name is not on the precinct voter registration 24
217217 list, the poll worker shall permit the voter to vote only under the following 25
218218 conditions voter shall not vote until the voter registers or updates his or 26
219219 her registration in accordance with § 7 -5-113.: 27
220220 (1) The voter identifies himself or herself by stating his or 28
221221 her name and date of birth and is verified by the county clerk as a 29
222222 registered voter within the county and, if the county is divided into more 30
223223 than one (1) congressional district, within the same congressional district; 31
224224 (2) The voter gives and affirms his or her current residence and 32
225225 the poll worker verifies with the county clerk that the voter's residence is 33
226226 within the precinct; 34
227227 (3) The voter completes an updated voter registration 35
228228 application form; and 36 HB1036
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231231 (4) The voter signs the precinct voter registration list. 1
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