Agency # 108.00
RULES
FOR
THE VERIFICATION OF VOTER
REGISTRATION
(Effective October 28, 2017; Revised June 11, 2024)
STATE BOARD OF ELECTION COMMISSIONERS
501 Woodlane, Suite 122 South
Little Rock, AR 72201
(501) 682-1834 or (800) 411-6996
www.arkansas.gov/sbec
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TABLE OF CONTENTS
Scope of Rules .................................................................................................................................3
§ 801 Definitions..............................................................................................................................3
§ 802 Verification of Voter Registration Required When Voting at the Polls ................................4
§ 803 Poll Worker Verification of Voter Registration .....................................................................5
§ 804 Additional Identification Requirement for Certain First-Time Voters ..................................6
§ 805 Failure to Verify Voter Registration or Present Required Documentation at the Polls .........6
§ 806 Identification Required When Voting Absentee ....................................................................6
§ 807 Curing Provisional Ballots Created by the Failure to Verify the Voter’s Registration .........7
§ 808 Assessment of Validity of Photo Identification Submitted Postelection ...............................8
§ 809 County Clerk to Provide Verification of Voter Registration to Election Commission .........8
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Scope of Rules
These rules will set forth the procedures for processing and administering the requirement that
voters verify their voter registration before they are permitted to vote. These rules are in addition
to, and not a substitute for, the laws of the State of Arkansas and rules promulgated by the Secretary
of State.
§801 Definitions
(a) Additional Identification Requirement – documentary identification separate from that which
is required to verify voter registration that certain first-time voters who register by mail must
show to cast a regular ballot during early voting or at the polls on election day. Acceptable
identification documents include a copy of current and valid photo identification, or a copy of
a current utility bill, bank statement, government check, paycheck, or other government
document that shows the name and address of the voter.
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(b) Administrator – the administrative head of a long-term care or residential care facility licensed
by the state.
(c) Documentation of Residency – a statement by the administrator of a residential care facility
or long-term care facility which specifically identifies the full name of the resident in the
body of the letter and is valid for one year after the date it is signed and issued. This
documentation shall only be accepted if it is on the form provided by the Secretary of State
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(d) County board – the county board of election commissioners.
(e) Long-Term Care or Residential Care Facility – a nursing home, residential care facility,
assisted living facility, post-acute head injury retraining and residential care facility, or any
other facility which provides long-term medical or personal care, and which is licensed by
the State of Arkansas.
(f) Photo Identification:
(1) A document or identification card that satisfies all of the following conditions:
A. Shows the name of the person to whom the document was issued;
B. Shows a photograph of the person to whom the document was issued;
C. Is issued by the United States, the State of Arkansas, an accredited postsecondary
educational institution in the State of Arkansas, or a trade school in the State of
Arkansas; and
1
A.C.A. § 7-5-201(e)
2
A.C.A. § 7-5-905
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D. If displaying an expiration date, the document or card is not expired or expired no more
than four (4) years before the date of the election in which the person seeks to vote.
(2) Documents or Identification cards that comply with the above requirements for photo
identification include, without limitation, the following:
A. A driver’s license;
B. A photo identification card;
C. A concealed handgun carry license;
D. A United States passport;
E. An employee badge or identification document issued to any person by an accredited
postsecondary educational institution in the State of Arkansas;
F. A United States Military identification document;
G. A public assistance identification card if the card shows a photograph of the person to
whom the document or identification card was issued; and
H. A voter identification card as provided under A.C.A. §7-5-324 and rules propounded
by the Secretary of State
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(3) A document or identification card may be presented in a digital format on an electronic
device if the document or identification card:
A. Complies with the requirements of subdivision (f)(1) of this section; and
B. The digital format has been approved or issued by the United States, the State of
Arkansas, or an accredited postsecondary educational institution in the State of
Arkansas.
(g) Verification of Voter Registration - The process by which an individual seeking to vote
presents a photo identification to an election official for the purpose of confirming that the
individual physically present at the poll is the same individual to whose voter registration the
vote cast will be credited.
§ 802 Verification of Voter Registration Required When Voting at the Polls
(a) All voters, except those who reside in a long-term care or residential care facility, must verify
their voter registration in order to cast a regular ballot at the polls during early voting and on
election day.
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(b) A person who resides in a long-term care or residential care facility licensed by the state may
instead provide documentation from the administrator of the facility attesting that the person is a
3
Ark. Const. amend. 51, §13(b); A.C.A. §7-1-101(38)
4
Ark. Const. amend. 51, §13(b)(2)(B)
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resident of the facility
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. This documentation shall be provided on a standardized form adopted by
the Secretary of State.
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§ 803 Verification of Voter Registration by Election Officials
(a) The photo identification shall be used to verify the name and appearance of the voter. The
Precinct Voter Registration List shall be used to verify the address of the voter by comparing the
voter’s address on the list to the address stated by the voter.
(b) The election official verifying the voter registration of a voter shall:
(1) Verify that the name on the photo identification is consistent with the name in the Precinct
Voter Registration List, allowing for abbreviations and nicknames;
(2) If the name is consistent, compare the photograph to the voter to determine whether the
voter is the person depicted in the photograph, given reasonable allowances for changes in
hair color, glasses, facial hair, cosmetics, weight, age, injury, and other physical
characteristics;
(3) If the election official is satisfied that the voter is the person depicted in the photograph
and the name is consistent with the name in the Precinct Voter Registration List, then issue
the voter a regular ballot;
(4) If the name appearing on the voter’s photo identification varies in part from the name in
the Precinct Voter Registration List or the name as stated by the voter, an election official
should issue a regular ballot only if the variation can be explained as an abbreviation of a
given name, the inclusion of a nick name on the photo identification where the name still
bears substantial similarity to the voter’s name on the Precinct Voter Registration List, a
lawful change in the voter’s name due to marriage or divorce, or other similar
circumstances which satisfy the election official that the voter is the person depicted in the
photograph so long as the name still bears substantial similarity to the voter’s name on the
Precinct Voter Registration List and all variations are explained;
(5) If the variation is due to a change in the voter’s name and the name reflected in the Precinct
Voter Registration List is the voter’s old name, the voter should only be issued a ballot
after the voter completes a voter registration application form for the purpose of updating
the voter’s information;
(6) If the election official determines that the photo identification presented does not depict the
voter or the name of the voter in the Present Voter Registration List is insufficiently similar
to the name appearing on the photo identification, the question of whether the voter is
permitted to cast a regular ballot shall be referred to the election judge of that polling site
who shall resolve any marginal cases of identity in favor of the voter; and
5
Ark. Const. amend. 51, §13
6
A.C.A. § 7-5-905
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(7) If the election judge agrees that the photo identification does not depict the voter or that
the name that appears on the photo identification is insufficiently similar to the name on
the Precinct Voter Registration List, the voter will have failed to verify his or her voter
registration and the poll worker shall offer the voter a provisional ballot.
(c) The election judge at any polling site is the election official who is in charge of that polling
site regardless of the title used locally to reference this election official.
§ 804 Additional Identification Requirement for Certain First-Time Voters
Certain first-time voters who register by mail and who, when registering to vote do not provide
the required identification documentation, will be flagged on the Precinct Voter Registration List
for additional identification documentation when voting at the polls during early voting, on
election day, or by voting using an absentee ballot. Before issuing a regular ballot, the poll worker
shall require the flagged voter to present a current and valid photo identification or a copy of a
current utility bill, bank statement, government check, paycheck, or other government document
that shows the name and address of the voter.
§ 805 Failure to Verify Voter Registration or Present other Required Documentation at the
Polls
(a) A person voting at the polls during early voting or on election day who did not verify their
voter registration or, if a resident of a long-term care or residential care facility licensed by the
state, who did not provide documentation of residency from the administrator of the facility
attesting that the person is a resident of the facility, shall be offered a provisional ballot.
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(b) A first-time voter who registered by mail who did not present the additional identification, if
required under §803, shall be offered a provisional ballot.
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§ 806 Identification Required When Voting Absentee
(a) The absentee voter must submit verification of their voter registration when they return their
absentee ballot to the clerk’s office.
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A photocopy of any document that qualifies as photo
identification under these rules shall be sufficient to satisfy the photo identification requirement
when verifying the voter’s registration.
7
Ark. Const. amend. 51, §13(b)(2); A.C.A. § 7-5-305(a)(8)(B)
8
Ark. Const. amend. 51, §13(b)(6); A.C.A. § 7-5-201(e)
9
Ark. Const. amend. 51, §13(b)(3); A.C.A. § 7-5-323
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(b) If a resident of a long-term or residential care facility licensed by the State of Arkansas does
not submit photo identification in order to verify their voter registration, that resident’s ballot will
still be counted as a regular ballot if the voter submits documentation of residency from the
administrator of the facility attesting that the person is a resident of the facility.
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(c) Active-duty members of the uniformed services and merchant marine voters and their spouses
and dependents who are away from the county because of the active-duty status of a uniformed
service or merchant marine member are exempt from the identification requirement for absentee
ballots.
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(d) The ballot of a voter who failed to verify their voter registration and who is not otherwise
entitled to have his or her absentee ballot counted without verification under this section shall be
considered a provisional ballot.
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§ 807 Curing Provisional Ballots Created by the Failure to Verify the Voter’s Registration
(a) Voters at the Polls
(1) A provisional ballot cast because a voter failed to verify their voter registration when voting
at the polls during early voting or on election day shall be counted and included in the
certified results of the election if:
(A) The voter’s ballot is not successfully challenged for any other reason; and
(B) The voter subsequently verifies their voter registration to either the county clerk or the
county board by noon on the Monday following the election.
(2) The voter may verify his or her voter registration to the county board by presenting photo
identification at any meeting of the county board held before noon on the Monday
following the election.
(3) The voter may verify his voter registration to the county clerk by presenting the photo
identification to the county clerk before noon on the Monday following the election.
(b) Absentee Voters
(1) The ballot of an absentee voter that was made provisional for failure to verify that person’s
voter registration when returning his or her absentee ballot shall be counted and included
in the certified results of the election if:
10
Ark. Const. amend. 51, §13(b)(3)(B)(iii)
11
Ark. Const. amend. 51, §13(b)(3)(B)(i)-(ii)
12
Ark. Const. amend. 51, §13(b)(3)(A)
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(A) The absentee voter’s ballot is not found deficient for any other reason; and
(B) The absentee voter verifies his or her voter registration in person to either the county
clerk or the county board by noon on the Monday following the election the voter’s
required identification.
(2) The absentee voter may verify his or her voter registration to the county board by
presenting photo identification to the county board at any meeting of the county board held
before noon on the Monday following the election.
(3) The absentee voter may alternatively verify his voter registration to the county clerk by
presenting the photo identification to the county clerk before noon on the Monday
following the election.
§ 808 Assessment of Validity of Photo Identification Submitted Postelection
(a) When verifying the voter registration of a voter who cast a provisional ballot at the poll or
whose absentee ballot was deemed provisional based on the voter’s failure to verify his or her
voter registration, the county clerk or county board shall compare the photograph to the voter to
determine whether the voter is the person depicted in the photograph, given reasonable allowances
for changes in hair color, glasses, facial hair, cosmetics, weight, age, injury and other physical
characteristics.
(b) The county clerk or the county board verifying the voter’s registration shall make a photocopy
of the photo identification and retain the copy with the voter’s provisional ballot envelope.
§809 County Clerk to Provide Verification of Voter Registration to Election Commission
If a voter verifies his or her voter registration to the county clerk after the election, the county clerk
who conducts the verification shall provide the copy of the voter’s photo identification to the
county board before the county board certifies the election.
