Verification of voter registration by election officials
Arkansas Code § 7-4-101; Arkansas Constitution, Amendment 51, sec. 13
(a)
- (1) The photo identification shall be used to verify the name and appearance of the voter.
- (2) 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:
- (A) Hair color;
- (B) Glasses;
- (C) Facial hair;
- (D) Cosmetics;
- (E) Weight;
- (F) Age;
- (G) Injury; and
- (H) 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:
- (A) An abbreviation of a given name;
- (B) The inclusion of a nickname on the photo identification where the name still bears substantial similarity to the voter’s name on the precinct voter registration list;
- (C) A lawful change in the voter’s name due to marriage or divorce; or
- (D) Other similar circumstances that satisfy the election official that the voter is the person depicted in the photograph so long as:
(i) The name still bears substantial similarity to the voter’s name on the precinct voter registration list; and
- (ii) 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 precinct 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
(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.