7 CAR Part 92 — Voter Intent and Ballot Remake

Chapter III

Subchapter F

Subpart 1

7 CAR § 92-101 Scope {#sec-7-car-92-101 omnilex-key=us-ar-regs-official--title-7-part-92--7 CAR § 92-101}

7 CAR § 92-101. Scope.

(a) This part sets forth the procedures for determining voter intent.

(b) Remaking of defective or unscannable ballots.

(c) This part is subject to revisions due to the use of new types of equipment and/or ballot formats or changes in laws and is in addition to and not a substitute for the laws of the State of Arkansas.

History

• History: Ark. R. 2025-25 (eff. November 1, 2025) Authority: Arkansas Code § 7-4-101

7 CAR § 92-102 Definitions {#sec-7-car-92-102 omnilex-key=us-ar-regs-official--title-7-part-92--7 CAR § 92-102}

7 CAR § 92-102. Definitions.

As used in this part:

(1) “Candidate area” means the area or areas on a ballot where candidates’

names appear;

(2) “Electronic vote tabulating device” means a device, commonly referenced as an optical scanner, used to electronically scan a marked paper ballot for the purpose of tabulation;

(3) “Issue area” means the area or areas on a ballot where measures appear;

(4)(A) “Marking device” means any approved device operated by a voter to record the voter’s choices through marking or creating a paper ballot with ink or other substance that will enable the votes to be tabulated by means of an electronic vote tabulating device.

(B) Paper ballots counted by hand shall be marked using permanent ink.

(C) If an electronic vote tabulating device (optical scanner) is used to count paper ballots, a marking instrument recommended by the manufacturer of the optical scanner for proper marking shall be used;

(5) "Measure” means an amendment, act, ordinance, referendum, issue, question, plebiscite, or proposal not involving the election of candidates that appears on a ballot;

(6) “Over-vote” means a ballot containing marks for more than the maximum allowable number of candidates in any one (1) contest or containing marks both “FOR” and “AGAINST” a single measure;

(7)(A) “Paper ballot” means a paper vote sheet that is either counted by hand

or by use of an electronic vote tabulating device.

(B) The heading of each paper ballot must read: “OFFICIAL BALLOT (description) ELECTION (date), (year). Vote by placing an appropriate mark opposite the person for whom you wish to vote”.

(C) If the paper ballot contains an initiated or referred amendment, act, or other measure, the heading must also include the language: “Vote on amendments, acts, and measures by placing an appropriate mark below the amendment (or act or measure) either “FOR” or “AGAINST””.

(D) Every paper ballot must contain printed instructions under the heading that inform the voter of the effect of casting multiple votes for an office or measure and how to correct the ballot before it is cast and counted.

(E) The paper ballot must contain a place for marking a vote for a candidate adjacent to and on the same line as the name of each candidate.

(F) Below each act, amendment, or other measure to be voted on, the

words “FOR” and “AGAINST” shall be situated one above the other with a place for

marking a vote for each act, amendment, or other measure adjacent to and on the same line of each word;

(8) “Properly marked” means a paper ballot appropriately marked in the

appropriate places for marking a vote that contains no marks for more than the

maximum allowable number of candidates in any one (1) contest or marks both “FOR” and “AGAINST” any single measure;

(9) “Target area” means the place on the paper ballot for marking a vote for

candidates and measures;

(10) “Under-vote” means no vote is recorded for a contest; and

(11) “Voting machine” means one (1) or more electronic devices that operate independently or as a combination of a ballot marking device and an electronic vote tabulating device.

History

• Codification Notes: This part as promulgated prior to codification into the Code of Arkansas Rules contained the following footnotes:Footnote 1 to 7 CAR § 92-102(2) following the phrase "for the purpose of tabulation" as follows: "A.C.A. § 7-1-101".Footnote 2 to 7 CAR § 92-102(4)(A) following the phrase "electronic vote tabulating device" as follows: "A.C.A. § 7-1-101 as amended by Act 1218 of 2015".Footnote 3 to 7 CAR § 92-102(4)(B) following the phrase "using permanent ink" as follows: "A.C.A. § 7-5-602(c)".Footnote 4 to 7 CAR § 92-102(4)(C) following the phrase "proper marking shall be used" as follows: "A.C.A. § 7-5-211(a)(2)(H)".Footnote 5 to 7 CAR § 92-102(5) following the phrase "that appears on a ballot" as follows: "A.C.A. §§ 7-9-101".Footnote 6 to 7 CAR § 92-102(6) following the phrase "in any one (1) contest" as follows: "A.C.A. § 7-5-603(2)(B)".Footnote 7 to 7 CAR § 92-102(7)(B) following the phrase "for whom you wish to vote" as follows: "A.C.A. § 7-5-208(b)(1)".Footnote 8 to 7 CAR § 92-102(7)(C) following the phrase "FOR or AGAINST" as follows: "A.C.A. §§ 7-5-208(b)(2); 7-5-601(d)(2)".Footnote 9 to 7 CAR § 92-102(7)(D) following the phrase "cast and counted" as follows: "A.C.A. § 7-5-601(e)".Footnote 10 to 7 CAR § 92-102(7)(F) following the phrase "same line of each word" as follows: "A.C.A. § 7-5-208(d)".Footnote 11 to 7 CAR § 92-102(11) following the phrase "electronic vote tabulating device" as follows: "A.C.A. § 7-1-101 as amended by Act 1218 of 2015". History: Ark. R. 2025-25 (eff. November 1, 2025) Authority: Arkansas Code § 7-4-101

7 CAR § 92-103 Paper ballots {#sec-7-car-92-103 omnilex-key=us-ar-regs-official--title-7-part-92--7 CAR § 92-103}

7 CAR § 92-103. Paper ballots.

(a) The following standards shall apply in determining whether a paper ballot has been properly marked and whether a vote should be counted for any contest in question:

(1) When paper ballots are not scanned in the presence of the voter due to malfunction of a precinct electronic vote tabulating device and the prescribed counting machine will not accept an individual paper ballot during tabulating;

(2) When using an electronic vote tabulating device at a central counting location and the prescribed counting machine will not accept an individual paper ballot; or

(3) When counting paper ballots manually by hand.

(b) Standards. The following instructions assume a single-seat office, that is, the voter is only permitted to vote for one (1) candidate per contest.

(1) Any paper ballot that is properly marked, as specified by the ballot instructions, in the target area for one (1) candidate or in the target area as either for or against a measure shall be counted as a vote for that candidate or on that measure for that contest.

(2) Any paper ballot that is properly marked with any device other than the approved marking device which prevents a machine count shall be counted as a vote.

(3) Any paper ballot with identical marks for more than one (1) candidate or with identical marks both for and against a measure, without additional clarifying marks, shall be deemed an over-vote, and no vote shall be counted in that contest.

(4) Any paper ballot with the names for all but one (1) candidate stricken shall be counted for the one (1) candidate whose name was not stricken.

(5) Any paper ballot with identical marks for more than one (1) candidate or with identical marks both for and against a measure in a contest, clarified by an additional mark or marks that indicate support for a single candidate or support for or against a measure, shall be counted as a vote for the candidate or on the measure with the additional clarifying marks.

(6) Any paper ballot that has any mark in the target area, candidate area, or issue area for only one (1) candidate or either for or against a measure, including circling or making a mark through the target area, candidate area, or issue area, provided there is no other similar marking in the contest, shall be counted as a vote for that candidate or on that measure, unless the mark is clearly a negative comment.

(7) Any paper ballot that has a mark in the target area or candidate or issue area for one (1) candidate or either for or against a measure, which partially extends into one (1) or more other target areas or candidate or issue areas, shall be counted as a vote for the candidate or on the measure so marked, only if it is readily apparent that most of the mark is in that candidate or issue area or target area.

(8) Any paper ballot that has a mark in the target area or candidate or issue areas for one (1) candidate or either for or against a measure and on which marks in other target areas or candidate or issue areas have been partially erased, scratched out, or otherwise removed shall be counted as a vote for the candidate or on the measure for which the mark was not erased, scratched out, or otherwise removed.

(9) Any paper ballot in which writings or remarks appear to be ranking the candidates (letters, numbers) shall be counted as a vote for the top ranked candidate.

(10) Any paper ballot with positive or negative writings or remarks regarding one (1) or more candidates or for and/or against a measure, shall not be counted as a vote in that contest, unless clarified by an additional mark or marks that indicate support for a single candidate or support either for or against the measure.

(11) Any paper ballot on which the voter casts a vote on the ballot and writes in a different candidate shall be considered an over-vote for that contest and neither vote shall be counted.

(12)(A) If a paper ballot is left at a voting booth or anywhere else in the polling site without being inserted by the voter into the ballot box before departing the polling site, a poll worker shall write “Abandoned” on the ballot and place it into an “Abandoned Ballot” envelope with a notation on the outside of the envelope of the circumstances surrounding the abandoned ballot.

(B) The ballot shall not be counted.

(13)(A) If a paper ballot that is fed by a voter into an electronic vote tabulating device is rejected by the device but is in the receiving part of the counter, and the voter has departed the polling site without instructing a poll worker to cancel or replace the ballot, then two (2) poll workers shall override warnings and complete the process of casting the ballot.

(B) The poll workers shall document:

(i) The time they completed the process of casting the ballot;

(ii) The name of the voter;

(iii) The names of the poll workers completing the process; and

(iv) All other circumstances surrounding the abandoned ballot.

History

• Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules contained the following footnotes:Footnote 12 to 7 CAR § 92-103(b)(3) following the phrase "in that contest" as follows: "A.C.A. § 7-5-603(2)(B)".Footnote 13 to 7 CAR § 92-103(b)(11)(iii) following the phrase "can be reasonably determined" as follows: "A.C.A. § 7-5-205(4)".Footnote 14 to 7 CAR § 92-103(b)(12)(B) following the phrase "shall not be counted" as follows: "A.C.A. § 7-5-309(g)".Footnote 15 to 7 CAR § 92-103(b)(14)(D) following the phrase "the abandoned ballot" as follows: "A.C.A. § 7-5-309(h)". History: Ark. R. 2025-25 (eff. November 1, 2025) Authority: Arkansas Code § 7-4-101

7 CAR § 92-104 Direct recording electronic voting machine {#sec-7-car-92-104 omnilex-key=us-ar-regs-official--title-7-part-92--7 CAR § 92-104}

7 CAR § 92-104. Direct recording electronic voting machine.

(a)(1) Voting machines are constructed to notify a voter when more than the maximum allowable number of selections in any one (1) contest are made, thus preventing the voter from over-voting any contest on the ballot.

(2) Voting machines can be programmed to alert the voter of any under-voted contest.

(b)(1) If a voter fails to complete the process of casting an electronic ballot on a voting machine and departs the polling site without notifying a poll worker of his or her desire to cancel the ballot prior to departing, two (2) poll workers shall take action to complete the process of casting the ballot.

(2) The poll workers must document:

(A) The time;

(B) The name of the voter, if known;

(C) The names of the poll workers completing the process of casting the ballot; and

(D) All other circumstances surrounding the abandoned ballot.

History

• Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules contained the following footnotes:Footnote 16 to 7 CAR § 92-104(a)(2) following the phrase "any under-voted contest" as follows: "A.C.A. § 7-5-504(9)".Footnote 17 to 7 CAR § 92-104(b)(2)(D) following the phrase "the abandoned ballot" as follows: "A.C.A. § 7-5-522(d)". Authority: Arkansas Code § 7-4-101

7 CAR § 92-105 Duplication of ballots {#sec-7-car-92-105 omnilex-key=us-ar-regs-official--title-7-part-92--7 CAR § 92-105}

7 CAR § 92-105. Duplication of ballots.

(a)(1)(A) The duplication of ballots as prescribed in Arkansas Code § 7-5-615(d) shall occur no earlier than twenty-four (24) hours after the opening of the polls on election day and no later than 12:00 noon the Monday following election day and it shall be open to the public.

(B) The time and place that the duplication of ballots will take place shall be included in the required public notice of elections detailed in Arkansas Code § 7-5-202.

(C)(i) The county board of election commissioners shall assign an election official to serve as the supervisor of the duplication process.

(ii) The supervisor shall be identified in such a way so that it is clear to the public that they are the supervisor.

(iii) Additionally, the supervisor shall be a member of the county board of election commissioners.

(2)(A) A second duplication shall be scheduled for a time between 12:00 noon the Monday following election day and the deadline for certification of the election for the duplication of any lawfully returned ballots which have a deadline of ten (10) days after the election for receipt by the county.

(B) The time and place that the secondary duplication of ballots will take place shall be included in the required public notice of elections detailed in Arkansas Code § 7-5-202.

(C)(i) The county board of election commissioners shall assign an election official to serve as the supervisor of the secondary duplication process.

(ii) The supervisor shall be identified in such a way so that it is clear to the public that they are the supervisor.

(iii) Additionally, the supervisor shall be a member of the county board of election commissioners.

(b) The procedure for duplication shall be as follows:

(1)(A) There shall be no less than four (4) election officials handling the duplication of ballots.

(B) One (1) of the four (4) election officials shall be the supervisor who is a member of the county board of election commissioners.

(C) All four (4) election officials shall sign both the remake and original identifying that they completed the true duplication of the originally voted ballot;

(2) The original ballot shall be marked with a label or stamp denoting it as the original;

(3) The remade ballot shall be denoted as a remake;

(4) The original and its true duplicate remade ballot shall be serialized to identify the connection between the original and remake for auditing and verification that the duplicate is a true duplicate of all selection made by the voter as reflected on the originally voted ballot;

(5)(A) After election officials have reviewed the duplication of the ballot, but prior to the tabulation of the remake, poll watchers and candidates shall be given an opportunity to review the duplication, if present and if they so choose to review.

(B)(i) Neither poll watchers nor candidates may touch or manipulate the original or duplicate ballot.

(ii) Election officials shall orient and place the ballots in such way so that the poll watchers or candidates can observe the original votes and the duplicated votes to verify the duplicate is a true duplicate of the original ballot.

(C) If either a poll watcher or a candidate finds an error in the duplication of the ballot, they may raise the error with the supervisor of the respective duplication process;

(6)(A) If an issue of voter intent is discovered during the duplication process, then the ballot shall be set aside for the county board of election commissioners to make a specific determination of the voter’s intent.

(B)(i) The ballot shall not be remade until the county board of election commissioners, as a body, votes to determine the voter’s intent, determine whether it is an over-vote, or if no vote in that contest or issue can be determined.

(ii) Once the voter intent issue has been resolved by the county board of election commissioners, then the ballot may be duplicated at that duplication event or at the later scheduled duplication event.

(C)(i) If it is determined that the voter over-voted a contest or issue, and if the duplicated ballot is being completed on a ballot marking device, then the race shall be left blank.

(ii) Subsequently, the duplicated ballot shall be processed through the tabulation device and then marked as an over-vote for the race or issue that was skipped on the remake because of the originally voted ballot’s over-vote; and

(7)(A) The original and duplication ballots shall be tracked and stored separately from other ballots.

(B) All duplicated ballots shall be tabulated in such a way as to create their own results tape.

(C) Both the remake and the original ballots are to be stored together, and all pairs of original and duplicates are to be stored separately from other ballots for purposes of audit review.

(c)(1) On election night, the total number of all ballots that are to be remade shall be transmitted to the Secretary of State.

(2) This total remake number shall be sent to the Secretary of State in the same manner as the total number of provisional ballots.

History

• History: Ark. R. 2025-25 (eff. November 1, 2025) Authorities: Arkansas Code § 7-4-101; Arkansas Code § 7-5-615