Skip to main content
Find a Lawyer

Arkansas Code Title 7. Elections § 7-5-615. Tabulation of votes--Defective ballots--Certification of returns

Current as of March 28, 2024 | Updated by FindLaw Staff

(a) The counting of votes by electronic vote tabulating devices at the courthouse or other central counting location shall be open to the public, and any candidate or political party may be present in person or by representative designated in writing pursuant to § 7-5-312 to view the counting.

(b) No person except those employed and authorized for that purpose shall touch any ballot or return.

(c) The election officials at the counting place and all persons operating the electronic vote tabulating devices shall take the same oath required by law for election officials before entering upon their duties.

(d)(1) If any ballot is damaged or defective so that it cannot properly be counted by the electronic vote tabulating device, a true duplicate copy shall be made of the damaged ballot.

(2) When duplicating a ballot, and in the presence of another election official and designated poll watchers, if any, an election official shall:

(A) Reproduce the selections of the voter on a second ballot that is the same ballot style as the ballot cast by the voter;

(B) Stamp or write the word “duplicate” on the duplicated ballot;

(C) Stamp or write the word “original” on the original damaged or defective ballot;

(D) Label both the original damaged or defective ballot and the duplicate ballot with the same unique serial number;

(E) Substitute the duplicated ballot for the original damaged or defective ballot;

(F) Count the duplicated ballots in the same manner as other ballots in that election; and

(G) Secure and separately store the original damaged or defective ballots in the same manner as other ballots in that election.

(3) The duplication of a damaged or defective ballot counted at the central counting facility shall be conducted by an election official at the same time and location that ballots with no defects are counted.

(4) The duplication of a damaged or defective ballot cast at a polling site shall be delivered securely to the county board of election commissioners to be duplicated by election officials or added to the precinct's count manually on the night of the election.

(5) An election official under subdivision (d)(2) of this section shall maintain a recorded count of damaged ballots to be duplicated in the presence of authorized poll watchers, if any, and provide the report to the county board of election commissioners.

(e) The return printed by the electronic vote tabulating device, to which the return of write-in, early, and absentee votes have been added, shall constitute the official return of each polling site. All returns shall be certified by the election officials in charge of the tabulation thereof in the manner provided by law.

(f) Upon completion of the count, the returns shall be open to the public.

Back to chapter list
Previous part of code Next part of code
Back to chapter list

Cite this article: FindLaw.com - Arkansas Code Title 7. Elections § 7-5-615. Tabulation of votes--Defective ballots--Certification of returns - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-7-elections/ar-code-sect-7-5-615/

Read this complete Arkansas Code Title 7. Elections § 7-5-615. Tabulation of votes--Defective ballots--Certification of returns on Westlaw

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.

Was this helpful?

Search all Arkansas Codes

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About the Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to find an attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

    More Options
    Copied to clipboard