Arkansas
Voter Rights Guide
2016
This information is designed to help protect your own right to vote.
Keep it handy, and take it with you to the polls when you vote.
The Arkansas Civil Liberties Union Foundation, Inc. (ACLU) is a nonprofit, nonpartisan
organization dedicated to defending the principles of liberty and equality embodied in
the Constitution and our nation’s civil rights laws. The ACLU does not endorse or
oppose any candidate or party, but we believe that no civil right is more important in our
democracy than the right to vote. We participate in the largest non-partisan, nonprofit
election protection hotline in the United States – 1-866-OUR-VOTE / 1-866-687-8683.
Arkansas will not have a primary election in May.
Arkansas’s Primary Election is March 1, 2016!
Important deadlines:
Feburary 1: Voter registration deadline for March 1 primary
October 10: Voter registration deadline for the November general election
If you are already registered, check your registration status before the registration
deadline to prevent problems on Election Day.
For questions or assistance with voting and elections:
1-866-OUR-VOTE or 1-866-687-8683
www.866OURVOTE.org
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WHO CAN VOTE
Can I vote in Arkansas?
You can register if you meet all of the following qualifications: (1) you’re a U.S.
citizen; (2) you’re an Arkansas resident; (3) you’ll be at least 18 years old on
Election Day; (4) you’re not a convicted felon who has not been discharged or
pardoned; (5) you haven’t been declared by a court to be mentally incompetent to
vote; and (6) you’re not registered in another county or state.
You will have to provide proper photo identification only if you are a first time
voter who registered by mail after January 1, 2003, and you did not provide
verified last for digits of your social security, driver’s license or state ID card
when you registered to vote. Under no circumstance must a voter show a photo
ID in order to vote. If you do not have a photo identification and must provide ID,
you can provide a utility bill, bank statement, government check, paycheck or
other government document with your name and address.
What if I’ve moved?
If you have moved to Arkansas from another state, notify the voter registrar in
your previous state of residence to request cancellation.
If you are moving from one county to another within the state, your updated
registration must be in the county clerk’s office by the fourth day before the
election.
Similarly, if you have moved from one county to another within Arkansas, you
must cancel your registration in the old county and re-register in your new
county of residence.
When your current address differs from what appears on the Precinct Voter
Registration list:
o a poll workers must contact the county clerk, and
o the county clerk must verify that your address is within the precinct.
When your new address is within the current voting precinct:
o you must complete the change of address portion of a voter registration
application form to update county voter registration records.
When your new address is not within the current voting precinct:
o you must first verify with the county clerk your correct voting precinct.
Then, you must visit the polling site for your correct voting precinct and
complete the change of address portion of a voter registration application.
o This procedure will update the county voter registration records and allow
you to vote.
What if I’m a student?
You can register to vote at whatever address you regard as your primary legal
residence. This can be your school address or your home address.
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What if I’ve been convicted of a crime?
If you were convicted of a misdemeanor, you can vote, but you have to vote by
absentee ballot if you're still in jail.
If you were convicted of a felony, to restore your right to vote you must take proof
of your discharge and proof that you have paid all probation or parole fees, court
costs, fines or restitution to your local county clerk. Once your county clerk has
received this proof, you are eligible to register to vote. If you do not have proof of
your discharge, and you were released or paroled, you should contact the entity
that released you. If you were released through probation, you should contact
the records units for the individual correction units. ADC: Centralized RecordsDischarge Files 1 (870) 267-6684 at 980 Freeline Drive, Pine Bluff, AR 71603. For
DCC, you should contact your parole or probation officer as it relates to
supervision and supervision fees. Proof of restitution payments can be obtained
by the entity collecting restitution payments, if any. The circuit clerk where your
charges were pled or tried can provide you proof of discharge of any fines and
costs.
It is best to collect these records at the time of discharge or as soon as possible
thereafter and retain copies of these records as they may be increasingly difficult
to obtain as time goes by.
You can restore your voting rights only after you serve your full sentence,
including probation, parole, payment of applicable costs or fines, and any other
terms of imprisonment.
What if I’m homeless?
You don’t need a home to register, but you do have to identify a place of residence
(which can be a street corner, a park, a shelter, or any other place of residence
where you usually stay) and a mailing address (which can be the address of a
person or organization that has agreed to accept mail on your behalf).
REGISTRATION
How do I register?
You can register to vote:
(1) in person, by filling out a voter registration form at your county clerk’s office;
(2) by mail, by filling out a mail-in registration form and mailing it to the
Secretary of State or your county clerk’s office; or
(3) when you apply for services at Driver Services and state agencies that provide
public assistance (such as Medicaid, WIC and food stamps) or services to
people with disabilities. You may also be able to register at many other state
and federal offices and agencies.
You can get mail-in voter registration forms from your county clerk, from most
libraries, colleges and high schools, by calling the Secretary of State Elections
Division at 1-800-247-3312, or online at
http://www.sos.arkansas.gov/elections/Pages/voterRegistration.aspx
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What’s the registration deadline?
You must register to vote in AR in person or by mail no later than 30 days prior to
the election in which you wish to vote. February 1 is the voter registration
deadline for the March 1 primary. October 10 is the registration deadline for the
November general election. If you submit your application for registration close
to an election registration deadline, you should follow up with your county clerk
to check your registration status. Applying in person with the clerk and ensuring
your application is processed immediately is the only registration method that
will ensure your eligibility.
What if I miss the deadline?
You won’t be able to vote in an election in the next 29 days, but you can register
to vote in other future elections.
What if I’ve moved or changed my name?
You should update your registration every time you move or change your name,
including any name changes as a result of marriage or divorce.
If you haven’t updated your registration, or if you move or change your name, call
your county clerk as soon as possible to find out where and how to vote.
How do I know if I’m registered?
You can check your registration status by calling your county clerk or online at
www.voterview.org
VOTING EARLY
Can I vote before Election Day?
For some elections, you can vote early in person, and you may be able to vote
early by absentee ballot.
You can vote by absentee ballot if you’ll either be unavoidably absent from your
precinct on Election Day or unable to vote at the polls because of an illness or
physical disability.
How do I vote early in person?
For a preferential primary or general election:
o Apply to the county clerk’s designated early voting location up to 15 days
before the election between the hours of 8 a.m. and 6 p.m. Monday
through Friday, and 10 Aa.m. and 4 p.m. on Saturday, ending at 5 p.m. on
the Monday before the election.
o During a preferential primary or a general election, early voting is
available between the hours of 8 a.m. to 6 p.m., Monday through Friday,
and 10 a.m. to 4 p.m. Saturday, ending at 5 p.m. on the Monday before the
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election. Early voting is usually at your county clerk’s office though this,
and off-site early voting hours and locations do vary by county. Watch your
local newspaper or contact your county clerk for information.
Before any other election, including general primary and general runoff
elections:
o Apply to the county clerk during regular office hours up to seven days
before the election and ending on the day before the Election Day at the
time the county clerk’s office regularly closes.
Go to an early voting site. Check your local newspaper or call your county clerk
for the hours and location of an early voting site near you.
Can anyone vote absentee in Arkansas?
Only a qualified voter who will be unavoidably absent from the polls on the day of
the election (such as a citizen residing or temporarily outside the US), or a
qualified voter who will be unable to attend the polls because of illness or
physical disability may vote absentee in Arkansas.
How do I get an absentee ballot?
Call or visit your county clerk’s office to get an application for an absentee ballot
for a list of county clerk’s names and phone numbers visit:
http://www.acluarkansas.org/contentitemdocuments/345.pdf
Then submit your application to your county clerk’s office:
1) in person or fax no later than February 1st at the end of the business day;
2) by mail - must be postmarked by February 1st (make sure you mail early
enough to reach this deadline);
3) by sending a “designated bearer” (someone you choose to pick up or deliver
your ballot) no later than February 1st ; or
4) by sending an “authorized agent” (An administrator who has filed an affidavit
with the county clerk authorizing him or her to assist voters who are
hospitalized or living in a long-term care facility) by 1:30 p.m. on Election Day.
What’s the deadline for returning my absentee ballot?
To be counted, your absentee ballot must be received by your county clerk by the
close of business on the day before the election if you deliver it personally by
hand, or by 7:30 p.m. the day of election if you deliver it by mail, by a designated
bearer, or by authorized agent.
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VOTING ON ELECTION DAY
When is Election Day?
There are many local races but dates for statewide races in 2016 include:
o Primary election
March 1, 2016
o Primary run off
March 22, 2016
o General election
November 8, 2016
o General run off
November 29, 2016
When are the polls open?
Polls will be open from 7:30 a.m. to 7:30 p.m on Election Day. You have the right
to vote if you’re in line when the polls close. Times for early voting will vary so
you should check with your county clerk’s office.
If polling place is not open at 7:30 a.m. on Election Day, stay at the polling
location and contact the Election Protection hotline.
Can I get time off from work to vote?
Maybe. If your work schedule would otherwise prevent you from voting in person
while the polls are open on Election Day, your employer is required to schedule
you so that you have an opportunity to vote.
Where do I vote?
On Election Day, you have to vote at the polling place to which you’re assigned.
Your assigned polling place will be listed on the acknowledgment that you should
receive in the mail when you register.
If you don’t have your acknowledgement, you can call your county clerk or look
up your polling place online at https://www.voterview.org and you can find your
county
clerk’s
phone
number
and
fax
number
at:
http://www.acluarkansas.org/contentitemdocuments/345.pdf
Can I take campaign materials with me into my polling place?
It’s illegal to distribute, hand out or display campaign materials at a polling place
or to distribute any campaign materials within 100 feet of the entrance to the
polling place. But you can bring a voting aid for your own use such as a sample
ballot, a voter guide, this card or even campaign materials to be used as a voting
aid so long as the campaign materials are not displayed or distributed.
What if my polling place is not accessible?
Each county election board has the responsibility to ensure that polling places
are accessible. If you find out before Election Day that your polling place is not
accessible, call the State Board of Election Commissioners (800-411-6996) and
the county clerk and county board of elections right away to ask for an
accommodation. You have the right to an accessible polling place and an
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accessible voting machine. Or, if you prefer, vote by absentee ballot. If you have
problems on Election Day, call 1-866-OUR-VOTE/1-866-687-8683.
You can also have two poll workers help you, or you can bring one person of your
choice to assist you. You have the right to have anyone you choose assist you as
long as the person is not your employer, an agent of your employer or an officer
or agent of your labor union.
Can I get a ballot in my native language?
Most election materials in Arkansas are available in English only, and you have
the right to bring a translator with you to the polls or to get assistance in your
language from anyone you choose, as long as the person is not your employer, an
agent of your employer or an officer or agent of your labor union.
What if I need help in the voting booth?
If you need help because of a physical disability or because you can’t read the
ballot because English is not your first language or you are visually impaired, tell
a poll worker when you get to your polling place. You have the right to vote on an
accessible voting machine. You also have the right to have anyone you choose
assist you in the voting booth, including poll workers, as long as the person is not
your employer, an agent of your employer or an officer or agent of your labor
union.
If you need instructions on how to use the voting equipment, ask a poll worker for
help. Poll workers are required to help you.
If you “inform a poll worker at the polling site that you are unable to stand in line
for extended periods of time, “you’re entitled to cut the line and vote right away.
VOTER ID
Do I have to show a photo ID?
No under no circumstances must a voter show a photo ID in order to vote. Only
in a very limited circumstance is ID required when voting, and in that
circumstance, non-photo ID is legally sufficient.
Only first time voters who did not provide a driver’s license, ID, or social security
number when registering to vote may be required to show some proof of
identification, but it need not be photo ID. Alternatives for these voters include
showing a current utility bill, bank statement, paycheck or other government
document that shows the voter’s name and address.
Poll workers may still ask voters for identification but voters who do not have or
choose not to show ID will be allowed to cast a regular ballot.
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What if I am not allowed to vote without ID?
You may cast a provisional ballot that will be counted only if permitted by the
county board of election commissioners or, if time permits, you may seek
assistance from the hotline prior to casting the provisional ballot.
PROBLEMS AT THE POLLS
What if I’m not on the voter list?
First, ask a poll worker to check the list again and to confirm that you’re at the
right polling place. The poll worker should ask you to confirm your address and
date of birth and attempt to verify with your county clerk that you are a registered
voter in the county and at that precinct.
If you’re at the right polling place but your name isn’t on the voter list and the
poll worker cannot confirm your information, you can ask for a provisional ballot.
You have the right to cast a provisional ballot even if your name is not on the
voter list, as long as you’re willing to fill out an “Eligibility Affirmation” swearing
that you believe you are registered to vote.
What if my name differs from the Precinct Voter Registration List?
You must complete a voter registration form to update county voter registration
records, but you should be allowed to cast a regular ballot.
What if I go to the wrong polling place?
Go to the right polling place. You can ask a poll worker to help you find the
polling place where you’re registered. You can also call your county clerk or look
up your polling place online at https://www.voterview. org
If you’re unsure where to go, call the Election Protection hotline. You can also go
to the polling place you think is most likely the right one, fill out a “Change in
Polling Site Authorization Form” and a new voter registration application. Then
you should be allowed to vote a regular ballot at your correct polling place.
What if someone challenges my right to vote?
Assert your right, but especially on Election Day (as opposed to early voting), if
you cannot persuade poll workers to accept you as a voter, you can always ask
for a provisional ballot. Election officials will rule on the challenge before the
election results become final, and your ballot will be counted if they determine
that you were eligible to vote.
What if someone tries to intimidate or harass me?
Tell a poll worker right away. If the poll worker is the problem, tell a poll watcher
and the election judge, and also call your county clerk. You can also call the
election hotline numbers listed in this guide. You can ask for ID of any poll
worker.
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What if I make a mistake on my ballot or the voting machine malfunctions?
Tell a poll worker before you cast your vote. If you spoil a paper ballot, you have
the right to up to two replacement ballots as long as you catch the mistake
before you cast your ballot. If your machine malfunctions, bring it to the poll
workers’ attention so that you can vote on a different machine or paper ballot.
How do I make a complaint?
First, ask for an election judge at your polling place. He or she can handle most
routine complaints that arise on Election Day. Candidates, political parties, and
nonprofit groups may also have poll watchers at your polling place who might be
able to assist you. If any of those people ask you who you voted for, or if they can’t
resolve your complaint, call your county clerk, the Secretary of State or the
Arkansas State Board of Election. There is a formal process for complaining to
the AR State Board of Elections, but the deadlines are strict, usually giving voters
only 30 days to file a complaint.
You can also call the Election Protection hotline at 1-866-OUR-VOTE / 866-6878683
TIPS FOR AVOIDING PROBLEMS
Check your voter registration status at least 30 days before the election.
Vote before Election Day using early voting.
If you plan to vote at the polls, locate your polling place at least 30 days before
the election.
Vote early in the day to avoid the last-minute rush.
Bring identification to help speed the process or in case you encounter a polling
place that is not adhering to the law.
Read all instructions carefully.
Ask for help if you need it.
Take your time. You have up to five minutes in the voting booth to cast your vote.
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CONTACTS
1. ACLU of Arkansas: www.acluarkansas.org/Get-Help or through the Election
Protection hotline 1-866-OUR-VOTE/1-866-687-8683
2. Arkansas State Board of Election Commissioners: (501) 682-1834 or (800) 4116996 http://www.arkansas.gov/sbec/
3. Arkansas Secretary of State: (800) 247-3312
http://www.sos.arkansas.gov/elections/Pages/default.aspx
4. Directory of County Clerks:
http://www.acluarkansas.org/contentitemdocuments/345.pdf
5. U.S. Department of Justice, Civil Rights Division, Voting Rights Section: (800)
253-3931 or (202) 514-2000
Contact the American Civil Liberties Union of Arkansas for more information on voting
rights or to request support if you believe your voting rights may have been violated.
ACLU of Arkansas’s Voting Rights materials:
http://www.acluarkansas.org/voting-rights
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