Constitution of Arkansas (2025 publisher edition) — Article 3

Publisher edition notice: This collection preserves the complete constitutional appendix of the Secretary of State’s 2025 Election Laws and Constitution compilation: its preamble, twenty original articles, schedule and 104 published amendments, including annotations and explicit repealed notices. Repealed notices remain historical publisher context. Later amendments have not been independently verified.

Article 3

ARTICLE 3
FRANCHISE AND ELECTIONS
SECTION .
1. Qualifications of electors.
2. Right of suffrage.
SECTION.
3. [Repealed.]
4. Privilege of electors from arrest.
589 Art. 2, § 29 FRANCHISE AND ELECTIONS

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SECTION .
5. [Repealed.]
6. Violation of election laws — Penalty.
7. Soldiers and sailors — Residence — Voting rights.
8. Time of holding elections.
9. Testimony in election contest — Self-incrimination.
SECTION .
10. Election officers.
11. Votes to be counted.
12. Elections by representative — Viva voce vote.
13. Procedures for elections with one candidate.
§ 1. Qualifications of electors.
(a) Except as otherwise provided by this Constitution, any person may vote in an election in
this state who is:
(1) A citizen of the United States;
(2) A resident of the State of Arkansas;
(3) At least eighteen (18) years of age; and
(4) Lawfully registered to vote in the election.
(b) (1) In addition to the qualifications under subsection (a) of this section, the General
Assembly shall provide by law that a voter shall:
(A) Present valid photographic identification before receiving a ballot to vote in person;
and
(B) Enclose a copy of valid photographic identification with his or her ballot when voting
by absentee ballot.
(2) The General Assembly shall establish by law the types of photographic identification
that a person may present to comply with subdivision (b)(1) of this section.
(c) The State of Arkansas shall issue photographic identification at no charge to an eligible
voter who does not have a form of photographic identification meeting the requirements of the
law enacted by the General Assembly under this section.
(d) (1)(A) A voter unable to present valid photographic identification when voting in person
shall be permitted to vote a provisional ballot.
(B) An absentee ballot that is not accompanied by a copy of valid photographic
identification shall be considered a provisional ballot.
(2) A provisional ballot under subdivision (d)(1) of this section shall be counted only if the
voter subsequently certifies the provisional ballot in a manner provided by law.
(e) (1) The General Assembly shall implement the provisions of this amendment by law.
(2) The General Assembly may provide by law for exceptions to the requirement that a voter:
(A) Present valid photographic identification before receiving a ballot to vote in person;
and
(B) Enclose a copy of valid photographic identification with his or her ballot when voting
by absentee ballot.
(f) A voter meeting the requirements of this section also shall comply with all additional laws
regulating elections necessary for his or her vote to be counted. [As amended by Const. Amend.
8; Const. Amend. 85; Const. Amend. 99.]
Publisher’s Notes. Before amendment by Amend. 8,
this section read: “Every male citizen of the United States,
or male person who has declared his intention of becoming
a citizen of the same, of the age of twenty-one years, who
has resided in the State twelve months, and in the county
six months, and in the voting precinct or ward one month,
next preceding any election, where he may propose to vote,
shall be entitled to vote at all elections by the people.”
The former provision of this section requiring that a poll
tax receipt be presented prior to registration and voting
was repealed by Ark. Const. Amend. 51, § 17.
Ark. Const. Amend. 85, which amended this section, was
proposed by S.J.R. 4 during the 2007 Regular Session and
adopted at the 2008 general election by a vote of 714,128
for and 267,326 against.
Before amendment by Amend. 85, this section read:
“ § 1. Qualifications of electors — Equal suffrage — Poll
tax.
“Every citizen of the United States of the age of twenty-
one years, who has resided in the State twelve months, in
the county six months, and in the precinct, town or ward
one month, next preceding any election at which they may
propose to vote, except such persons as may for the
commission of some felony be deprived of the right to vote
by law passed by the General Assembly, and who shall
exhibit a poll tax receipt or other evidence that they have
paid their poll tax at the time of collecting taxes next
preceding such election, shall be allowed to vote at any
election in the State of Arkansas, provided, that persons
who make satisfactory proof that they have attained the
age of twenty-one years since the time of assessing taxes
next preceding said election and possess the other neces-
sary qualifications, shall be permitted to vote; and, pro-
vided, further, that the said tax receipt shall be so marked
by dated stamp or written endorsement by the judges of
election to whom it may be first presented as to prevent the
590 Art. 3, § 1 CONSTITUTION OF ARKANSAS

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holder thereof from voting more than once at any election.
It is declared to be the purpose of this amendment to deny
the right of suffrage to aliens and it is declared to be the
purpose of this amendment to confer suffrage equally upon
both men and women, without regard to sex; provided, that
women shall not be compelled to serve on juries. [As
amended by Const. Amend. 8.]”
Ark. Const. Amend. 99, which amended this section, was
proposed by H.J.R. 1016 during the 2017 Regular Session
and adopted at the 2018 general election by a vote of
689,454 for and 177,815 against. The amendment added
subsections (b)-(f) and was effective thirty days after the
election pursuant to § 7-9-119.
§ 2. Right of suffrage.
Elections shall be free and equal. No power, civil or military, shall ever interfere to prevent the
free exercise of the right of suffrage; nor shall any law be enacted whereby such right shall be
impaired or forfeited, except for the commission of a felony, upon lawful conviction thereof. [As
amended by Const. Amend. 85.]
Publisher’s Notes. The former clause prohibiting the
registration of voters was superseded by Ark. Const.
Amend. 39.
Ark. Const. Amend. 85, which amended this section, was
proposed by S.J.R. 4 during the 2007 Regular Session and
adopted at the 2008 general election by a vote of 714,128
for and 267,326 against.
Before amendment by Amend. 85, this section read:
“ § 2. Right of suffrage.
“Elections shall be free and equal. No power, civil or
military, shall ever interfere to prevent the free exercise of
the right of suffrage; nor shall any law be enacted, whereby
the right to vote at any election shall be made to depend
upon any previous registration of the elector’s name; or
whereby such right shall be impaired or forfeited, except
for the commission of a felony at common law, upon lawful
conviction thereof.”
§ 3. [Repealed.]
Publisher’s Notes. This section, concerning the man-
ner of conducting elections, was repealed and replaced by
Ark. Const. Amend. 50. Const. Amend. 81 later repealed
section 3 of Amend. 50.
§ 4. Privilege of electors from arrest.
Electors shall, in all cases (except treason, felony and breach of the peace,) be privileged from
arrest during their attendance at elections, and going to and from the same.
§ 5. [Repealed.]
Publisher’s Notes. Ark. Const. Amend. 85, which re-
pealed this section, was proposed by S.J.R. 4 during the
2007 Regular Session and adopted at the 2008 general
election by a vote of 714,128 for and 267,326 against.
Before repeal, this section read:
“ § 5. Idiots and insane persons.
“No idiot or insane person shall be entitled to the
privileges of an elector.”
§ 6. Violation of election laws — Penalty.
Any persons who shall be convicted of fraud, bribery, or other willful and corrupt violation of
any election law of this State, shall be adjudged guilty of a felony, and disqualified from holding
any office of trust or profit in this State.
§ 7. Soldiers and sailors — Residence — Voting rights.
No soldier, sailor, or marine, in the military or naval service of the United States, shall acquire
a residence by reason of being stationed on duty in this State.
§ 8. Time of holding elections.
The general elections shall be held biennially, on the days and at times fixed by the General
Assembly. [As amended by Const. Amend. 85.]
Publisher’s Notes. Ark. Const. Amend. 85, which
amended this section, was proposed by S.J.R. 4 during the
2007 Regular Session and adopted at the 2008 general
election by a vote of 714,128 for and 267,326 against.
Before amendment by Amend. 85, this section read: “The
general elections shall be held biennially, on the first
Monday of September; but the General Assembly may, by
law, fix a different time.”
591 Art. 3, § 8 FRANCHISE AND ELECTIONS

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§ 9. Testimony in election contest — Self-incrimination.
In trials of contested elections and in proceedings for the investigation of elections, no person
shall be permitted to withhold his testimony on the ground that it may criminate himself or
subject him to public infamy: but such testimony shall not be used against him in any judicial
proceeding, except for perjury in giving such testimony.
§ 10. Election officers.
The General Assembly shall determine the qualifications of an election officer. [As amended by
Const. Amend. 85.]
Publisher’s Notes. Ark. Const. Amend. 85, which
amended this section, was proposed by S.J.R. 4 during the
2007 Regular Session and adopted at the 2008 general
election by a vote of 714,128 for and 267,326 against.
Before amendment, this section read:
“No person shall be qualified to serve as an election
officer, who shall hold, at the time of the election, any office,
appointment, or employment in or under the government
of the United States, or of this State, or in any city or
county or any municipal board, commission or trust in any
city, save only the justices of the peace, and aldermen,
notaries public and persons in the militia service of the
State. Nor shall any election officer be eligible to any civil
office to be filled at an election at which he shall serve —
save only to such subordinate municipal or local offices,
below the grade of city or county officers, as shall be
designated by general law.”
§ 11. Votes to be counted.
If the officers of any election shall unlawfully refuse or fail to receive, count, or return the vote
or ballot of any qualified elector, such vote or ballot shall nevertheless be counted upon the trial
of any contests arising out of said election.
§ 12. Elections by representative — Viva voce vote.
All elections by persons acting in a representative capacity shall be viva voce.
§ 13. Procedures for elections with one candidate.
(a) As used in this section, “election” means:
(1) A primary election;
(2) A special primary election;
(3) A general election; and
(4) A special election.
(b) The General Assembly may enact laws providing that if there is only one (1) person
qualified as a candidate for an office after all deadlines for filing as a candidate have passed so
that there will be only one (1) name listed on the election ballot for the office and no write-in
candidates qualify to appear as candidates for the office on the election ballot:
(1) The one (1) candidate for the office shall be declared elected and his or her name shall not
appear on the election ballot;
(2) The name of the candidate declared elected shall be certified as elected in the same manner
as if the candidate had been voted upon at the election; and
(3) The election shall not be held if no other office or issue is on the election ballot. [As added
by Const. Amend. 95.]
Publisher’s Notes. Ark. Const. Amend. 95, which
added this section effective January 1, 2017, was proposed
by H.J.R. 1027 during the 2015 Regular Session and
adopted at the November 2016 general election by a vote of
747,856 for and 317,093 against.