Stricken language would be deleted from and underlined language would be added to present law.
*SSS155* 02/18/2025 8:09:36 AM SSS155
State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 247 3
4
By: Senator C. Tucker 5
6
7
For An Act To Be Entitled 8
AN ACT TO CREATE THE ARKANSAS ABSENTEE VOTER 9
INTEGRITY ACT OF 2025; 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 2025; 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 22
OF THE SECRETARY OF STATE. 23
24
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25
26
SECTION 1. DO NOT CODIFY. Title. 27
This act shall be known and may be cited as the "Arkansas Absentee 28
Voter Integrity Act of 2025". 29
30
SECTION 2. Arkansas Code § 7 -5-416 is amended to read as follows: 31
7-5-416. Counting of absentee ballots —— Definition. 32
(a)(1) The election officials for absentee ballots shall meet in a 33
place designated by the county board of election commissioners no earlier 34
than the Tuesday before the election for the purpose of opening the outer 35
envelope, processing, and canvassing of absentee ballot paper work of the 36 SB247
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outer envelope and no earlier than 8:30 a.m. on election day for the purpose 1
of opening the inner absentee ballot envelope and counting the absentee 2
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: 6
(A) Give public notice of the time and location of the 7
opening, processing, canvassing, and counting of absentee ballots and early 8
voting ballots as provided in § 7 -5-202; and 9
(B) Allow public access for the in -person viewing of the 10
absentee canvassing process. 11
(3)(4) The county clerk shall provide the county board of 12
election commissioners with a daily count of absentee applications received, 13
to be reported weekly or upon request of the county board of election 14
commissioners. 15
(4)(5) The county clerk shall provide the county board of 16
election commissioners with a daily count of absentee ballots received, to be 17
reported weekly or upon request of the county board of election 18
commissioners. 19
(5)(6) The county clerk shall forward the following items to the 20
election officials designated by the county board of election commissioners 21
to open, process, canvass, and count absentee ballots: 22
(A) The absentee ballot applications sorted alphabetically 23
and by precinct; 24
(B) The absentee ballots; and 25
(C) A written report containing the following information: 26
(i) The number of absentee ballot applications 27
received by the county clerk; 28
(ii) The number of absentee ballots sent by the 29
county clerk; 30
(iii) The number of absentee ballots returned to the 31
county clerk; 32
(iv) The number of absentee ballots rejected by the 33
county clerk and the reason for the rejection; 34
(v) The number of absentee ballots marked as 35
received on the paper absentee ballot applications list; and 36 SB247
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(vi) If the number of absentee ballots returned to 1
the county clerk and the number of absentee ballots marked as received on the 2
paper absentee ballot lists are different and the reason for the difference 3
is known, the reason for the difference. 4
(6)(7) The processing and counting of absentee ballots shall be 5
open to the public, and candidates and authorized poll watchers may be 6
present in person or by a representative designated in writing under § 7 -5-7
312 during the opening, processing, canvassing, and counting of the absentee 8
ballots as provided in this subchapter. 9
(7)(A)(8)(A) The county board of election commissioners shall 10
begin tabulating absentee ballots and early votes before the polls close on 11
election day and continue counting absentee votes until all absentee votes, 12
except for overseas voters as otherwise provided under this section, and 13
early votes are counted and completed before counting or tabulating election 14
day votes Absentee and early votes shall be counted prior to the closing of 15
the polls on election day as provided under this section . 16
(B)(i) The county board of election commissioners shall 17
report by precinct the initial count of early votes and absentee ballot votes 18
to the Secretary of State as provided under § 7 -5-701 as soon as practical 19
after the polls close on election day. 20
(ii) No election results of the precinct shall be 21
printed, posted, or released until after the polls close on election day. 22
(8)(A)(9)(A) After the outer envelope of an absentee ballot is 23
opened, a county clerk and deputies of the county clerk shall not have access 24
to: 25
(i) The absentee ballots; 26
(ii) Absentee ballot paperwork; or 27
(iii) The inner envelope of an absentee ballot. 28
(B) The county board of election commissioners may grant a 29
county clerk or deputies of the county clerk access to the absentee ballot 30
materials in subdivision (a)(8)(A) (a)(9)(A) of this section if the access is 31
granted by an affirmative vote of the county board of election commissioners 32
for a specific purpose and for a designated election. 33
(b)(1) The opening, processing, counting, and canvassing of absentee 34
ballots absentee ballot materials shall be conducted opened by two (2) 35
election officials as follows: 36 SB247
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(A) One (1) of the election officials shall open outer 1
absentee ballot envelopes one by one and verify the contents locate the 2
required voter materials ; 3
(B) If the required materials are properly placed in the 4
outer absentee ballot envelope, the election official shall proceed to read 5
aloud from the voter statement the name of the voter; The election officials 6
shall: 7
(i) Read aloud from the voter statement the name of 8
the voter and the voting precinct in which the voter claims to be a legal 9
voter; 10
(ii) List the name and voting precinct of the voter; 11
(iii) Compare the voter materials as provided under 12
subdivision (b)(2) of this section; and 13
(iv) For first-time voters who registered by mail, 14
compare the first-time voter's identification document unless the voter 15
previously provided identification at the time of mailing the voter 16
registration application; 17
(C) If the required materials are not properly placed in 18
the outer absentee ballot envelope, a: 19
(i) A second election official shall open the inner 20
absentee ballot envelope to verify the contents locate the required voter 21
materials no earlier than 8:30 a.m. on election day; and 22
(D)(ii) If all required materials are present within one 23
(1) or the other envelope, the The election officials shall put place the 24
absentee ballot materials, while preserving the secrecy of the voter's ballot 25
within the inner absentee envelope, in the proper an envelope while 26
preserving the secrecy of the voter's ballot and shall proceed to read aloud 27
from the voter statement the name of the voter and the voting precinct in 28
which the voter claims to be a legal voter; marked "provisional", and the 29
absentee ballot shall be considered a provisional ballot; and 30
(E) As each outer envelope is opened and the name of the 31
voter is read, the election officials for the absentee box shall list the 32
name and voting precinct of the voter; 33
(D) If the required materials are properly placed in the 34
outer absentee envelope, then the election officials shall compare the voter 35
materials as provided under subdivision (b)(2) of this section. 36 SB247
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(2)(A) After the opening of the absentee ballot materials, the 1
two (2) election officials shall canvass and compare the absentee ballot 2
materials as follows: 3
(i) The election officials shall compare all 4
absentee ballot materials returned, except the voter's ballot, which shall be 5
maintained within the inner absentee ballot envelope to preserve the secrecy 6
of the ballot, including without limitation: 7
(a) Absentee ballot applications; 8
(b) Voter statements; 9
(c) A voter's voter identity documentation; 10
and 11
(d) Any additional information or 12
documentation provided by the voter in the absentee ballot envelope; 13
(ii) The election officials shall review the 14
absentee ballot materials to determine whether: 15
(a) The voter's name, residential voting 16
address, date of birth, and signature are comparable; 17
(b) The voter identification document, voter 18
statement, and inner envelope containing the absentee ballot are present; and 19
(c) If a designated bearer, authorized agent, 20
or administrator delivers the ballot, the name of the designated bearer, 21
authorized agent, or administrator written on the absentee ballot application 22
compares with the information on the voter statement; 23
(F)(i) After the election official reads aloud from the 24
statement, the election officials shall compare the name, address, date of 25
birth, and signature of the voter's absentee application with the voter's 26
statement and, for first -time voters who registered by mail, the first -time 27
voter's identification document unless the voter previously provided 28
identification at the time of mailing the voter registration application. 29
(ii) If the county board of election commissioners 30
determines that the absentee application and the voter's statement do not 31
compare as to name, residential voting address, date of birth, and signature, 32
the absentee ballot shall not be counted. 33
(iii) The election officials shall place the 34
absentee ballot materials, including the inner envelope containing the 35
ballot, in an envelope marked "provisional", and the absentee ballot shall be 36 SB247
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considered a provisional ballot if: 1
(a) The absentee application and the voter's 2
statement do not compare as to name, residential voting address, date of 3
birth, or signature; or 4
(b) A designated bearer, authorized agent, or 5
administrator delivers the ballot, and the name of the designated bearer, 6
authorized agent, or administrator does not compare with the information on 7
the voter statement; 8
(iv) If a first-time voter fails to provide the 9
required voter identification with the absentee ballot or at the time of 10
mailing the voter registration application, then the absentee application, 11
absentee ballot envelope, and voter's statement shall be placed in an 12
envelope marked “provisional” and the absentee ballot shall be considered a 13
provisional ballot; or if any other voter fails to provide the required voter 14
identification with the absentee ballot, the election officials shall place 15
the absentee ballot materials including the inner envelope containing the 16
ballot in an envelope marked "provisional", and the absentee ballot shall be 17
considered a provisional ballot; 18
(v) The ballot shall be designated to be counted or 19
tabulated if: 20
(a) All required absentee ballot materials are 21
present; 22
(b) The voter’s name, residential voting 23
address, date of birth, and signature compare; and 24
(c) If a designated bearer, authorized agent, 25
or administrator delivered the ballot, the name of the designated bearer, 26
authorized agent, or administrator written on the absentee ballot application 27
compares with the information on the voter statement; and 28
(vi) The absentee ballot materials shall be 29
transmitted to the county board of election commissioners for additional 30
review if: 31
(a) Any required absentee ballot materials are 32
missing; 33
(b) The voter's name, residential voting 34
address, date of birth, and signature do not compare; or 35
(c) If a designated bearer, authorized agent, 36 SB247
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or administrator delivers the ballot, the name of the designated bearer, 1
authorized agent, or administrator does not compare with the information on 2
the voter statement. 3
(B)(i) A member of a county board of election 4
commissioners, acting in his or her individual capacity as an election 5
official, may perform the duties under subdivision (b)(2)(A) of this section. 6
(ii) However, performance of the duties under 7
subdivision (b)(2)(A) of this section by a member of the county board of 8
election commissioners shall not satisfy or serve as performance of the 9
duties of the whole county board of election commissioners under subdivision 10
(b)(3) of this section. 11
(3) After canvassing and comparison by the election officials, 12
the absentee ballot materials shall be canvassed and compared by the county 13
board of election commissioners as follows: 14
(A)(i) The county board of election commissioners shall 15
review the absentee ballot materials transmitted to it under subdivision 16
(b)(2)(A)(vi) of this section. 17
(ii) The county board of election commissioners may: 18
(a) Review the absentee ballot materials that 19
were designated to be counted or tabulated by the election officials before 20
counting or tabulation; and 21
(b) Accept the designation of the election 22
officials that the ballot is to be counted or reverse the designation of the 23
election officials and mark the ballot as provisional; 24
(B)(i) A ballot shall be counted or tabulated if the: 25
(a) Required absentee ballot materials are 26
present; 27
(b) Voter's name, residential voting address, 28
date of birth, and signatures compare; and 29
(c) If a designated bearer, authorized agent, 30
or administrator delivered the ballot, the name of the designated bearer, 31
authorized agent, or administrator written on the absentee ballot application 32
compares with the information on the voter statement. 33
(ii) The absentee ballot materials and the absentee 34
ballot shall be placed in an envelope marked “provisional” and the absentee 35
ballot shall be considered a provisional ballot if: 36 SB247
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(a) The required absentee ballot materials are 1
incomplete or missing; 2
(b) The voter’s name, residential voting 3
address, date of birth, and signature do not compare; or 4
(c) If a designated bearer, authorized agent, 5
or administrator delivers the ballot, the name of the designated bearer, 6
authorized agent, or administrator does not compare with the information on 7
the voter statement; 8
(G)(i) The election officials shall compare the name and 9
address of the bearer, agent, or administrator written on the absentee ballot 10
return envelope with the information on the voter statement. If the 11
information does not match, then the outer envelope, absentee application, 12
secrecy envelope containing the ballot, and the voter's statement shall be 13
placed in an envelope marked “provisional” and the absentee ballot shall be 14
considered a provisional ballot. 15
(ii) The election officials shall compare the name 16
of the bearer written on the absentee ballot application with the information 17
on the voter statement, and if the information does not compare, the ballot 18
shall be a provisional ballot. 19
(iii) An absentee ballot designated as a provisional 20
ballot for the lack of a designation of, or name of, a designated bearer 21
shall be counted only if the county board of election commissioners does not 22
determine that the provisional ballot is invalid and should not be counted 23
based on other grounds; 24
(H) If the absentee voter fails to return the voter 25
statement, the vote shall not be counted; 26
(I)(C) Failure of the voter to submit the required 27
absentee materials in the proper envelopes shall not be grounds for 28
disqualifying the voter; and 29
(D)(i) An absentee ballot that has been designated 30
provisional shall be cured according to the procedure set out in Arkansas 31
Constitution, Amendment 51, § 13(b)(5)(A) and (B) if, upon a public vote, the 32
county board of election commissioners determines that the absentee ballot: 33
(a) Does not include the required voter 34
identification with the absentee ballot materials; 35
(b) Does not include the voter statement with 36 SB247
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the absentee ballot materials; 1
(c) Has a signature that does not compare; or 2
(d) Has an address on the voter statement that 3
is materially and substantially different from either the voting residence 4
address of the voter or the address at which the voter requested to receive 5
the absentee ballot by mail as set forth on the absentee ballot application. 6
(ii) An absentee ballot that has otherwise been 7
designated provisional under this section may be cured by the voter: 8
(a) By 12:00 noon the Monday following the 9
election; 10
(b) In person or in writing to the county 11
clerk, county board of election commissioners, or appropriately designated 12
staff or election officials; and 13
(c) By: 14
(1) Providing or correcting the absentee 15
ballot materials or verification if the reason for designation as a 16
provisional ballot was an incomplete submission; 17
(2) Verifying in writing under penalty 18
of perjury that he or she voted the ballot received by the county clerk if 19
the reason for designation as a provisional ballot was that: 20
(A) The voter's name, residential 21
voting address, except as set out under subdivision (b)(3)(D)(i)(d) of this 22
section, date of birth, or signature did not compare; or 23
(B) If a designated bearer, 24
authorized agent, or administrator delivered the ballot, and the name of the 25
designated bearer, authorized agent, or administrator did not compare with 26
the information on the voter statement; or 27
(3) Reviewing the ballot located inside 28
the inner envelope marked as provisional in a private and independent manner 29
to verify that the ballot marked as provisional is the ballot submitted by 30
the voter. 31
(iii) An absentee ballot shall not be counted if the 32
absentee ballot has been marked provisional and is not cured under either 33
subdivision (b)(3)(D)(i) or subdivision (b)(3)(D)(ii) of this section. 34
(iv) An absentee ballot designated as a provisional 35
ballot for the lack of a designation of, or name of, a designated bearer, 36 SB247
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authorized agent, or administrator shall be counted only if the county board 1
of election commissioners does not determine that the provisional ballot is 2
invalid and should not be counted based on other grounds. 3
(J) If the voter statement does not authorize a bearer, 4
agent, or administrator to receive or return his or her absentee ballot and 5
the ballot was received or returned by a bearer, agent, or administrator, the 6
vote shall not be counted; 7
(4) Absentee ballot information is comparable or compares if, 8
after a review of the information available to the election official or 9
county board of election commissioners, the election official or county board 10
of election commissioners determines that the absentee ballot that was 11
submitted was voted by the person in whose name the absentee ballot was 12
submitted after review of that person's address or other information that was 13
submitted with the absentee ballot, absentee ballot application, voter 14
statement, voter identification, or other documentation possessed by, on file 15
with, or available to the county clerk or the county board of election 16
commissioners. 17
(5)(A)(i) After an absentee ballot is designated by an election 18
official or by the county board of election commissioners as provisional, the 19
county board of election commissioners shall notify the voter of the deadline 20
and process for curing his or her absentee ballot as soon as possible but no 21
later than forty-eight (48) hours after the absentee ballot is designated as 22
a provisional ballot. 23
(ii) The county board of election commissioners 24
shall notify the voter of the deadline and process for curing his or her 25
absentee ballot by email, telephone, and text message as soon as possible but 26
no later than forty-eight (48) hours after the absentee ballot is designated 27
as a provisional ballot if the voter's email address or telephone number is 28
available. 29
(iii) If a voter has not provided an email address 30
or telephone number, the county board of election commissioners shall notify 31
the voter of the deadline and process for curing his or her absentee ballot 32
by mail as soon as possible but no later than forty -eight (48) hours after 33
the absentee ballot is designated as a provisional ballot. 34
(B) As used in this section, "cure" a ballot means to 35
remove or repair the issue causing a ballot not to be counted through the 36 SB247
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process set forth in this section, such that the ballot shall then be 1
counted. 2
(C)(i) If an absentee ballot that was previously 3
designated as needing additional review under subdivision (b)(2)(A)(vi) of 4
this section is reviewed by the county board of election commissioners and 5
approved to be counted or tabulated without being designated as provisional, 6
the county board of election commissioners shall, by email, telephone, and 7
text message, if the voter's email address or telephone number is available, 8
notify the voter as soon as possible but no later than forty -eight (48) hours 9
after the absentee ballot is approved that he or she no longer needs to cure 10
his or her ballot. 11
(ii) If a voter has not provided an email address or 12
telephone number, the county board of election commissioners shall notify the 13
voter by mail as soon as possible but no later than forty -eight (48) hours 14
after the absentee ballot is approved that he or she no longer needs to cure 15
his or her ballot. 16
(6)(A) After all of the outer envelopes have been opened, the 17
election officials of the absentee box shall preserve all the statements of 18
voters, the voters' identification documents, and all other materials 19
submitted with the absentee ballot except the ballot itself and deliver them 20
to the county clerk, who shall file and keep them for the same length of time 21
after the election as is required for the retention of other ballots. 22
(B) The voter statements shall be made available for 23
public inspection and copying during regular business hours no earlier than 24
8:30 a.m. on the day following the actual delivery of the statement of the 25
number of outstanding ballots and provisional ballots to the Secretary of 26
State, and declaration of preliminary and unofficial results of the election 27
under § 7-5-701(a)(3)(C). 28
(C) The voters' identification documents shall not be 29
subject to public inspection except as part of a recount or judicial 30
proceeding to contest the election. 31
(7) The absentee ballots that have been designated to be counted 32
or tabulated shall be opened and processed for counting or tabulation as 33
follows: 34
(K)(A) If no challenge is made by a qualified poll watcher, 35
the election official shall remove the inner envelope , from the absentee 36 SB247
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ballot materials without opening the inner envelope containing the ballot, 1
and place it in the ballot a box designated for ballots to be counted or 2
tabulated without marking it in any way; 3
(B) When all of the inner envelopes containing the ballots 4
have been placed in the ballot box, the ballot box shall be shaken thoroughly 5
to mix the ballots in such a way to ensure that the inner envelopes 6
containing the ballots shall be randomized; and 7
(C) The ballot box shall be opened and the ballots shall 8
be removed from the inner envelopes, canvassed, and counted. 9
(8) After the counting and tabulation, the county board of 10
election commissioners shall preserve all absentee ballots and absentee 11
ballot materials and shall retain them as election materials for the same 12
length of time after the election as is required for retention of other 13
ballots. 14
(9)(A) If after review of the absentee ballot materials an 15
election official or the county board of election commissioners suspects that 16
an absentee ballot was fraudulently submitted, the county board of election 17
commissioners shall: 18
(i) File complaints concerning the ballot with the 19
State Board of Election Commissioners and the county prosecuting attorney no 20
later than thirty (30) days after certification of the election; 21
(ii) Provide copies of the relevant absentee ballot 22
materials, and the county clerk shall provide any relevant absentee ballot 23
materials in their possession; 24
(iii) Fully assist all appropriate law enforcement 25
agencies in the investigation; and 26
(iv) Notify all candidates of any affected race. 27
(B) A ballot is not automatically considered fraudulently 28
submitted merely because it was not counted because: 29
(i) Not all the required voter materials were 30
included; 31
(ii) The voter materials did not compare; or 32
(iii) A designated bearer, authorized agent, or 33
administrator delivered the ballot, and the name of the designated bearer, 34
authorized agent, or administrator did not compare with the information on 35
the voter statement; 36 SB247
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(C) A ballot is not automatically considered fraudulently 1
submitted if the voter’s actions did not indicate or evince an intention to 2
violate the election laws of Arkansas or those of the United States 3
Government. 4
(D) A ballot is fraudulently submitted if a voter 5
knowingly violates voting laws, including without limitation by submitting: 6
(i) More than one (1) ballot; 7
(ii) A ballot under a false identity; or 8
(iii) A ballot on behalf of another person without 9
that person's lawful authorization. 10
(L)(i) After all of the outer envelopes have been opened, 11
the election officials of the absentee box shall preserve all the statements 12
of voters and the voters' identification documents and deliver them to the 13
county clerk, who shall file and keep them for the same length of time after 14
the election as is required for retention of other ballots. 15
(ii) The voter statements shall be made available 16
for public inspection and copying during regular business hours no earlier 17
than 8:30 a.m. on the day following the actual delivery of the statement of 18
the number of outstanding ballots and provisional ballots to the Secretary of 19
State, and declaration of preliminary and unofficial results of the election 20
under § 7-5-701(a)(3)(C). 21
(iii) The voters' identification documents shall not 22
be subject to public inspection except as part of a judicial proceeding to 23
contest the election; 24
(M) When all of the inner envelopes containing the ballots 25
have been placed in the ballot box, the ballot box shall be shaken thoroughly 26
to mix the ballots; and 27
(N) The ballot box shall be opened and the ballots 28
canvassed and counted. 29
(2)(10) No election results shall be printed or released prior 30
to the closing of the polls on election day. 31
(c) If any person casting an absentee ballot dies before the polls 32
open on election day, his or her ballot shall be accepted by the county clerk 33
if the absentee ballot is: 34
(1) Signed, dated, postmarked, and mailed before the date of 35
death; 36 SB247
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(2) Signed, dated, and delivered to the county clerk by a 1
designated bearer, authorized agent, or administrator before the date of 2
death; or 3
(3) The ballot of a member of the armed services or Arkansas 4
National Guard in active duty or state active duty executed before the date 5
of death. 6
(d) It is the intent of this section to require the election officials 7
for absentee ballots to meet and process, canvass, and count absentee ballots 8
according to this section prior to the closing of the polls on election day. 9
(e)(1)(d)(1) Absentee votes shall be cast on paper ballots. 10
(2)(A) The ballots shall first be counted for write -in votes by 11
the election officials. 12
(B) Then, at the discretion of the county board of 13
election commissioners, the ballots may be either hand counted or counted on 14
an electronic vote tabulating device. 15
(f)(1)(e)(1) Absentee ballots marked as “special runoff ballots” 16
received from a qualified voter from one (1) of the categories in § 7 -5-17
406(a) shall be opened for general primary elections and general runoff 18
elections according to the procedures described in subsection (b) of this 19
section. 20
(2) However, in counting the special runoff ballot, one (1) of 21
the election officials shall open the envelope containing the special runoff 22
ballot and read the numbers indicated next to the names of the two (2) 23
candidates in the general primary election or in the general runoff election. 24
(3) The candidate with the highest ranking shall receive the 25
vote. 26
(4) A special runoff ballot received with the preferential 27
primary absentee ballot shall be counted in the general primary election, and 28
a special runoff ballot received with the general election absentee ballot 29
shall be counted in the general runoff election. 30
(5) The Secretary of State shall prepare instructions for 31
opening, counting, and canvassing special runoff ballots and provide the 32
instructions to each county board of election commissioners. 33
34
SECTION 3. Arkansas Code Title 7, Chapter 5, Subchapter 4, is amended 35
to add an additional section to read as follows: 36 SB247
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7-5-420. State Board of Election Commissioners – Rules. 1
(a) The State Board of Election Commissioners shall adopt rules that: 2
(1) Set procedures for the maintenance and storage of absentee 3
ballot materials and absentee ballots; 4
(2) Set uniform methods for labeling ballot storage containers 5
that, at a minimum, document the: 6
(A) Chain of custody concerning the opening and closing of 7
the sealed boxes; and 8
(B) Contents of the boxes in a readily identifiable 9
manner; 10
(3) Set standards for the processes, software, and methods used 11
to list and describe the contents of the ballots, including without 12
limitation the appropriate use of spreadsheets and summaries; 13
(4) Prescribe forms for the lists that are required to be 14
generated and maintained under § 7 -5-416; 15
(5) Set the procedure for the handling of absentee ballots and 16
voter materials such that the absentee ballots and voter materials are 17
secured in such a manner that the boxes cannot be opened and the ballots 18
cannot be handled, viewed, or tampered with except by an authorized election 19
officials; and 20
(6) Set the procedures for timely compliance with the Freedom of 21
Information Act of 1967, § 25 -19-101 et seq., that ensure the secrecy and 22
integrity of the voter materials. 23
(b) The rules shall be promulgated under the Arkansas Administrative 24
Procedure Act, § 25-15-201 et seq. 25
26
SECTION 4. DO NOT CODIFY. Rules. 27
(a) When adopting the initial rules required under this act, the State 28
Board of Election Commissioners shall file the final rules with the Secretary 29
of State for adoption under § 25 -15-204(f): 30
(1) On or before January 1, 2026; or 31
(2) If approval under § 10 -3-309 has not occurred by January 1, 32
2026, as soon as practicable after approval under § 10 -3-309. 33
(b) The board shall file the proposed rules with the Legislative 34
Council under § 10-3-309(c) sufficiently in advance of January 1, 2026, so 35
that the Legislative Council may consider the rules for approval before 36 SB247
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January 1, 2026. 1
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