Stricken language would be deleted from and underlined language would be added to present law.
*SSS016* 11/20/2024 11:00:18 AM SSS016
State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 HOUSE BILL 1036 3
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By: Representative A. Collins 5
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For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING VOTER 9
REGISTRATION; TO ALLOW VOTER REGISTRATION DURING 10
EARLY VOTING AND ON ELECTION DAY; TO AMEND PROVISIONS 11
OF ARKANSAS CONSTITUTION, AMENDMENT 51, UNDER THE 12
AUTHORITY OF ARKANSAS CONSTITUTION, AMENDMENT 51, § 13
19; AND FOR OTHER PURPOSES. 14
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Subtitle 17
TO AMEND THE LAW CONCERNING VOTER 18
REGISTRATION; TO ALLOW VOTER 19
REGISTRATION DURING EARLY VOTING AND ON 20
ELECTION DAY; AND TO AMEND PROVISIONS OF 21
ARKANSAS CONSTITUTION, AMENDMENT 51. 22
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
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SECTION 1. Under the authority granted by Arkansas Constitution, 26
Amendment 51, § 19, Arkansas Constitution, Amendment 51, § 6(a)(2)(G), 27
concerning statements informing voter registration applicants, is amended to 28
read as follows: 29
(G) Inform the applicant that if the voter registration 30
application is being collected by a third -party voter registration 31
organization, the third -party voter registration organization may be unable 32
to deliver the application to the permanent registrar in the county in which 33
the applicant resides before the thirty -day pre-election voter registration 34
deadline under Arkansas Constitution, Amendment 51, § 9(b)(1) to vote in the 35
next election and that the applicant may elect to deliver the application in 36 HB1036
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person or by mail; and 1
2
SECTION 2. Under the authority granted by Arkansas Constitution, 3
Amendment 51, § 19, Arkansas Constitution, Amendment 51, § 8(a), concerning 4
the processing of voter registration applications, is amended to read as 5
follows: 6
(a)(1) The Office of Driver Services, State Revenue Offices state 7
revenue offices, public assistance agencies, disabilities agencies, and other 8
voter registration agencies shall transmit all completed voter registration 9
applications to the Secretary of State in sufficient time to allow the 10
Secretary of State to transmit the applications to the appropriate permanent 11
registrar no later than ten (10) days after the date of acceptance by the 12
assisting agency. When applications are accepted within five (5) days before 13
the last day of for an election under Arkansas Constitution, Amendment 51, § 14
9(b)(1), they must be transmitted no later than five (5) days after the date 15
of acceptance at the assisting agency. 16
(2) The Secretary of State shall transmit all mail voter 17
registration applications to the appropriate permanent registrar no later 18
than ten (10) days after the date of receipt. When applications are received 19
within five (5) days before the last day of pre-election registration for an 20
election under Arkansas Constitution, Amendment 51, § 9(b)(1) , they must be 21
transmitted no later than five (5) days after date of receipt. If forms are 22
received by the wrong election office, they shall be forwarded to the 23
appropriate permanent registrar not later than the fifth day after receipt. 24
25
SECTION 3. Under the authority granted by Arkansas Constitution, 26
Amendment 51, § 19, Arkansas Constitution, Amendment 51, § 9(b), concerning 27
the voter registration deadline, is amended to read as follows: 28
(b)(1) Except as otherwise provided in subdivision (b)(2) of this 29
section, Registration registration shall be in progress at all times except 30
during the thirty-day period immediately prior to any election scheduled 31
within the county, during which period registration of voters shall cease for 32
that election, but registration during such period shall be effective for 33
subsequent elections. 34
(2) Registration shall be permitted: 35
(A) During early voting for a person appearing in person 36 HB1036
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at an early voting location; and 1
(B) On election day for a person appearing in person at a 2
polling site or a vote center established in his or her county of residence. 3
4
SECTION 4. Under the authority granted by Arkansas Constitution, 5
Amendment 51, § 19, Arkansas Constitution, Amendment 51, § 9(c)(2), 6
concerning voter registration submitted to the permanent registrar, is 7
amended to read as follows: 8
(2) Any person who assists applicants with a voter registration 9
application as part of a voter registration drive or who, in furtherance of a 10
voter registration drive, gathers or possesses completed applications for 11
submission to the permanent registrar or Secretary of State shall deliver all 12
applications in his or her possession to the permanent registrar or Secretary 13
of State within twenty -one (21) days of the date on the voter registration 14
application and, in any event, no later than the deadline for pre-election 15
voter registration for the next election under Arkansas Constitution, 16
Amendment 51, § 9(b)(1) . 17
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SECTION 5. Under the authority granted by Arkansas Constitution, 19
Amendment 51, § 19, Arkansas Constitution, Amendment 51, § 10(b)(2), 20
concerning updating voter registration, is amended to read as follows: 21
(2)(A) If the updated registration information is actually 22
received in the office of the county clerk of the voter's new county not 23
later than four (4) days before a scheduled election, the voter shall have 24
the right to vote in the scheduled election in the precinct into which the 25
voter just moved in the new county. 26
(B) If the updated registration information is not 27
actually received by the fourth day before a scheduled election, the voter 28
shall not be eligible to vote in the scheduled election may update his or his 29
voter registration in accordance with subsection (g) of this section . 30
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SECTION 6. Under the authority granted by Arkansas Constitution, 32
Amendment 51, § 19, Arkansas Constitution, Amendment 51, § 10(c), concerning 33
the deadline to change legal residence on voter registration, is amended to 34
read as follows: 35
(c) If the change of legal residence is made pursuant to subsection 36 HB1036
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(a) or subdivision (d)(1) of this section following the deadline for pre -1
election voter registration during the thirty-day administrative cut -off 2
period under Arkansas Constitution, Amendment 51, § 9(b)(1) immediately prior 3
to any election scheduled within the county, the registered voter shall 4
retain his or her right to vote in the scheduled election in the precinct to 5
which he or she just moved. 6
7
SECTION 7. Under the authority granted by Arkansas Constitution, 8
Amendment 51, § 19, Arkansas Constitution, Amendment 51, § 10, concerning 9
transfer and change of status for voter registration, is amended to add an 10
additional subsection to read as follows: 11
(g) A person appearing in person on election day or during early 12
voting at an open polling site, a vote center, or an early voting location 13
established in his or her county of residence may update his or her voter 14
registration on the same day as his or her appearance in accordance with § 7 -15
5-113. 16
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SECTION 8. Arkansas Code § 7 -1-113(c)(3), concerning duties of an 18
election official before a person is permitted to cast a vote at a vote 19
center, is amended to read as follows: 20
(3) If the voter's name or address is not the same as that in 21
the county voter registration record files, request that the voter complete 22
an updated voter registration application form in accordance with § 7 -5-113; 23
and 24
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SECTION 9. Arkansas Code Title 7, Chapter 5, is amended to add an 26
additional section to read as follows: 27
7-5-113. Voter registration on election day or during early voting. 28
(a) A person appearing in person on election day or during early 29
voting at an open polling site, a vote center, or an early voting location 30
established in his or her county of residence is eligible to register to vote 31
or update registration on the same day as his or her appearance. 32
(b) To register or update registration and vote under subsection (a) 33
of this section: 34
(1) The person shall: 35
(A) Register in the manner set forth by Arkansas 36 HB1036
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Constitution, Amendment 51; or 1
(B) Update his or her registration by completing an 2
updated voter registration application; 3
(2) The person shall sign a written eligibility affirmation 4
under penalty of perjury in the presence of a poll worker that he or she is 5
eligible to vote and has not already voted in the election in any county in 6
the state; 7
(3) The poll worker shall verify that the person has not already 8
voted in the election in any county in the state; and 9
(4) The poll worker shall update the voter registration records 10
in a manner immediately evident to every open polling site, vote center, and 11
early voting location in every county in the state to indicate that the 12
person has voted in the election. 13
(c)(1) If the poll worker is unable to complete the required duties in 14
subdivisions (b)(3) or (b)(4) of this section, the voter may cast a 15
provisional ballot in accordance with the procedures in § 7 -5-308. 16
(2) Unless enjoined by a court with jurisdiction, a provisional 17
ballot under this subsection shall be counted if: 18
(A) The voter returns to the county board of election 19
commissioners or the county clerk by 12:00 noon on the Monday following the 20
election and presents documentation that allows the county board of election 21
commissioners or the county clerk to verify the requirements in subdivisions 22
(b)(3) and (b)(4) of this section; and 23
(B) The county board of election commissioners does not 24
determine that the provisional ballot is invalid and should not be counted 25
based on other grounds. 26
(d) Poll workers shall maintain an additional list in the same format 27
as the precinct voter registration list for all persons who register to vote 28
or update voter registration under this section which shall be considered 29
part of the precinct voter registration list. 30
31
SECTION 10. Arkansas Code § 7 -5-201(a), concerning voter 32
qualifications, is amended to read as follows: 33
(a) To be qualified to vote, a person shall have registered at least 34
thirty (30) calendar days immediately prior to the election and in the manner 35
set forth by Arkansas Constitution, Amendment 51. 36 HB1036
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1
SECTION 11. Arkansas Code § 7 -5-305(a)(5) and (6), concerning poll 2
worker duties before a person is permitted to vote, is amended to read as 3
follows: 4
(5)(A) If the voter's address is not the same as that on the 5
precinct voter registration list, verify with the county clerk that the 6
address is within the precinct. 7
(B) If the address is within the precinct, request the 8
voter to complete a voter registration application form for the purpose of 9
updating county voter registration record files in accordance with § 7 -5-113. 10
(C) If the address is not within the precinct: 11
(i) Verify with the county clerk's office the proper 12
precinct; and 13
(ii) Instruct the voter to go to the polling site 14
serving that precinct in order for his or her vote to be counted; 15
(6) If the voter's name is not the same as that on the precinct 16
voter registration list, request the voter to complete a voter registration 17
application form for purposes of updating county voter registration record 18
files in accordance with § 7 -5-113; 19
20
SECTION 12. Arkansas Code § 7 -5-306(a), concerning procedure when a 21
voter's name is not on the precinct voter registration list, is amended to 22
read as follows: 23
(a) If the a voter's name is not on the precinct voter registration 24
list, the poll worker shall permit the voter to vote only under the following 25
conditions voter shall not vote until the voter registers or updates his or 26
her registration in accordance with § 7 -5-113.: 27
(1) The voter identifies himself or herself by stating his or 28
her name and date of birth and is verified by the county clerk as a 29
registered voter within the county and, if the county is divided into more 30
than one (1) congressional district, within the same congressional district; 31
(2) The voter gives and affirms his or her current residence and 32
the poll worker verifies with the county clerk that the voter's residence is 33
within the precinct; 34
(3) The voter completes an updated voter registration 35
application form; and 36 HB1036
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(4) The voter signs the precinct voter registration list. 1
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