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Current as of March 28, 2024 | Updated by FindLaw Staff
(a) A person shall not knowingly destroy a ballot or ballot-related material required to be preserved by law until after:
(1) Two (2) years after the certification of the results of the election; and
(2) The county board of election commissioners has entered an order, created a record to be maintained, and filed the order for destruction of the ballot or ballot-related material.
(b)(1) As used in this section, “ballot or ballot-related material” means a ballot or other form that is:
(A) Provided to a person representing himself or herself as the voter or his or her agent by a county clerk, member of a county board of election commissioners, or poll worker; and
(B) Returned by the person representing himself or herself as a voter or his or her agent for the purpose of voting in an election.
(2) “Ballot or ballot-related material” includes without limitation:
(A) A ballot that has been completed, cast, abandoned, or spoiled;
(B) A ballot stub or certificate from a ballot that has been completed, cast, abandoned, or spoiled;
(C) A voter statement that has been submitted to the county clerk;
(D) An envelope that contains a ballot;
(E) An affidavit provided to the county clerk;
(F) An absentee ballot list maintained under § 7-5-416;
(G) An absentee ballot application; and
(H) A list of applications for an absentee ballot under § 7-5-408.
(c) A person who is convicted under this section is guilty of an unclassified felony and shall:
(1) Be sentenced to a term of no less than one (1) year and no more than six (6) years; and
(2) Pay a fine of up to ten thousand dollars ($10,000).
Cite this article: FindLaw.com - Arkansas Code Title 7. Elections § 7-1-112. Destruction of a ballot or ballot materials--Prohibited - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-7-elections/ar-code-sect-7-1-112/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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