As used in this part:

1. (1) “Absentee ballot processing site” means a place designated by the county board of election commissioners where election clerks for absentee ballots meet on election day or during the one-week period before election day for the purpose of processing absentee ballots;
2. (2) “Ballot style” means a ballot’s combination of contests and issues to be voted upon that is unique to each precinct or part of a precinct;

3. (3) “Challenged ballot form” means the applicable portions of a provisional voter envelope that are completed when a poll watcher challenges a voter, identifying the:

   1. (A) Voter whose vote was challenged;
   2. (B) Poll watcher;
   3. (C) Reason for the challenge;
   4. (D) Applicable provisional voter number from the list of provisional voters;
   5. (E) Poll;
   6. (F) Precinct;
   7. (G) Ballot style; and
   8. (H) Date and time of the challenge under the signature of both the poll watcher and the challenged voter;
4. (4) “Counting site” means a location selected by the county board of election commissioners with respect to all elections for the processing and/or counting of votes;

5. (5) “County board of election commissioners” means the three-member board in each of the seventy-five (75) counties in this state responsible for conducting all elections within its respective county, including:

   1. (A) Two (2) members elected by the county committee of the majority party and one (1) member elected by the county committee of the minority party; or
   2. (B) Persons appointed by the state chair of either the majority or minority parties to fill a vacancy in that party’s position;
6. (6) “Election clerk” means, for the purpose of this part, a person possessing the same qualifications as a poll worker who is designated by the county board of election commissioners to process, count, and canvass absentee ballots under the supervision of the county board of election commissioners;

7. (7)

   1. (A) “Election official” means a person:

      1. (i) Who is a member of the county board of election commissioners;
      2. (ii) Who performs election coordinator duties;

      3. (iii) Who is a poll worker designated by a county board of election commissioners to be:

         1. (a) (a) An election clerk;
         2. (b) (b) An election judge;
      4. (c) (c) An election sheriff; or
      5. (d) (d) A deputy county clerk; or
      6. (iv) Assigned by a county clerk to conduct early voting.

   2. (B) “Election official” includes a person:

      1. (i) Who serves as a member of the county board of election commissioners;

      2. (ii) Who is appointed by the county board of election commissioners to serve as:

         1. (a) (a) An election coordinator;
         2. (b) (b) A person appointed to perform tasks related to the election that require the handling of ballots or other election materials or equipment;
      3. (c) (c) An election clerk;

      4. (d) (d) An election judge;

         1. (e) (e) An election sheriff; or
         2. (f) (f) An absentee ballot clerk; or
      5. (iii) Assigned by a county clerk to conduct early voting administered by the county clerk;

8. (8)

   1. (A) “Electronic poll book” means hardware or software or a combination of hardware and software that allows election officials to view voter registration records and voting information during an election at an early voting location or at a polling site.

   2. (B) The functions of an electronic poll book may include:

      1. (i) Voter lookup;
      2. (ii) Voter verification;
      3. (iii) Voter identification;
      4. (iv) Precinct assignment;
      5. (v) Ballot assignment;
      6. (vi) A recording of when a voter presents himself or herself to an election official to request a ballot; and
      7. (vii) Directions to the correct polling site.
   3. (C) An electronic poll book may be used as the precinct voter registration list;

9. (9) “Eligibility affirmation” means a written affirmation executed under penalty of perjury by a provisional voter in the presence of the poll worker at the poll stating that he or she is:

   1. (A) A registered voter in the precinct in which he or she desires to vote; and
   2. (B) Eligible to vote in that election;

10. (10)

    1. (A) “First-time voter registered by mail” means any registered voter, except those exempted by Arkansas Code § 7-5-201(e)(2):

       1. (i) Who has not previously voted in a federal election in the state; and
       2. (ii) Whose registration application arrived at the county clerk’s office or Secretary of State’s office by mail.
    2. (B) First-time voters registered by mail who do not provide identification when registering are flagged by the county clerk for the additional identification requirement.
    3. (C) First-time voters registered by mail who provided a valid driver’s license number or the last four (4) digits of their social security number on their voter registration application form are considered as having provided identification if a state or local election official can match the driver’s license or social security number with an existing state identification record bearing the same number, name, and date of birth as provided in the registration.

    4. (D) Registration applications arriving in bulk by means other than the mail at the registrar’s office or delivered by leaders of voter registration drives are considered to have been delivered in person, not by mail, and are therefore not:

       1. (i) Considered first-time voters registered by mail; and
       2. (ii) Flagged by the county clerk for the additional identification requirement;
11. (11) “General provisional ballot” means a ballot that has been cast as a provisional ballot for any reason other than that the voter was required to verify his or her voter registration under Arkansas Constitution, Amendment 51, § 13, and failed to do so;

12. (12)

    1. (A) “Poll watcher” means any authorized representative of a candidate, any authorized representative of a group seeking passage or defeat of a measure on the ballot, and any authorized representative of a political party with a candidate on the ballot who is present at a polling site or an absentee ballot processing site to observe and ascertain the identity of persons presenting themselves to vote at the polls or to observe and ascertain the identity of absentee voters for the purpose of challenging any:

       1. (i) Voter in person; or
       2. (ii) Absentee vote.
    2. (B) A candidate may be present at an absentee ballot processing site to observe and ascertain the identity of absentee voters for the purpose of challenging any absentee vote.
    3. (C) A candidate or an authorized representative of a candidate or political party may also be present at all counting sites for the purpose of witnessing the counting of ballots by election officials.
    4. (D) A candidate may be present in person during early voting only for the purpose of observing whether votes are fairly and accurately cast;

13. (13)

    1. (A) “Poll watcher authorization form” means an affidavit, in the form specified by law, designating and authorizing a poll watcher.

    2. (B) The poll watcher authorization form must be filed with the county clerk and a file-marked copy presented to an election official immediately upon entering the:

       1. (i) Polling site;
       2. (ii) Absentee ballot processing site; or
       3. (iii) Counting site.
    3. (C) Candidates in person at early voting, attending a counting site or an absentee ballot processing site, must present identification but are not required to present a poll watcher authorization form;
14. (14) “Poll worker” means an election official designated by the county board of election commissioners to be an election clerk, election judge, or election sheriff at a polling site;
15. (15) “Polling site” means a location selected by the county board of election commissioners where votes are cast;
16. (16) “Precinct” means the geographical boundary lines dividing a county, municipality, township, or school district for voting purposes;

17. (17)

    1. (A) “Precinct voter registration list” means a computerized list provided by the county clerk and used by poll workers in each polling place for every election conducted in the state:

       1. (i) Indicating the name and date of the election;
       2. (ii) Identifying the precinct’s number and county in which located; and
       3. (iii) Containing the name, address, and date of birth of each registered voter, including those who have been designated inactive, within the precinct, with a space for each voter’s signature.
    2. (B) In any precinct with more than one (1) ballot style, the precinct voter registration list must also identify the district, subdistrict, county, municipality, ward, and school zone in which each voter is qualified to vote.
    3. (C) An electronic poll book may be used as the precinct voter registration list;

18. (18)

    1. (A) “Provisional ballot” means a ballot cast and/or considered by special procedures to record a vote when there is some question concerning a voter’s eligibility or compliance with certain constitutional and statutory requirements.
    2. (B) Provisional ballots are counted upon verification of a voter’s eligibility or compliance with those legal requirements;

19. (19)

    1. (A) “Provisional voter envelope” means an envelope used by poll watchers for voter challenges and by poll workers for voter qualification issues containing information relating to provisional voters, including:

       1. (i) A provisional voter’s eligibility affirmation;
       2. (ii) The reason for voting provisional;
       3. (iii) The ballot style voted;
       4. (iv) A space for the county clerk’s certification of the provisional voter’s registration status; and
       5. (v) A space for the disposition of the provisional ballot upon review by the county board of election commissioners.

    2. (B) The form for the provisional voter envelope is:

       1. (i) Determined by the State Board of Election Commissioners; and
       2. (ii) Approved in a public meeting.
    3. (C) The CBEC shall ensure the information contained on the approved form appears on the provisional voter envelope;
20. (20) “Unverified provisional ballot” means any ballot that has been cast as a provisional ballot due to the failure of a voter to verify his or her voter registration under Arkansas Constitution, Amendment 51, § 13, when required to do so by law; and

21. (21)

    1. (A) “Verification of voter registration” means 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.

    2. (B) Refer to the State Board of Election Commissioners’ Rules for the Verification of Voter Registration, 7 CAR pt. 90, for:

       1. (i) Additional information regarding this process; and
       2. (ii) The meaning of photo identification as referred to in this process.

Codification Notes: “CBEC” means county board of election commissioners. This section, as promulgated prior to codification into the Code of Arkansas Rules, contained footnotes to the following: Footnote to 7 CAR § 91-102(1) cited "1 A.C.A. §§ 7-5-414(a); 7-5-416(a)(1)". Footnote to 7 CAR § 91-102(4) cited "2 A.C.A. § 7-1-101". Footnote to 7 CAR § 91-102(5) cited "3 A.C.A. § 7-4-102(a)". Footnote to 7 CAR § 91-102(6) following the phrase "absentee ballots" cited "4 A.C.A. § 7-5-414". Footnote to 7 CAR § 91-102(8) cited "6 A.C.A. §§ 7-1-101; 7-5-107". Footnote to 7 CAR § 91-102(9) cited "7 A.C.A. § 7-5-308". Footnote to 7 CAR § 91-102(10)(A) cited "8 A.C.A. §§ 7-1-101; 7-5-201(e)". Footnote to 7 CAR § 91-102(15) cited "9 A.C.A. § 7-1-101". Footnote to 7 CAR § 91-102(12) cited "10 A.C.A. §§ 7-5-312; 7-5-316(a); 7-5-413(d); 7-5-416(a)(4); 7-5-527(b); 7-5-615(a)". Footnote to 7 CAR § 91-102(13) cited "11 A.C.A. § 7-5-312(d),(e)". Footnote to 7 CAR § 91-102(16) cited "12 A.C.A. § 7-1-101". Footnote to 7 CAR § 91-102(17)(A) cited "13 A.C.A. § 7-5-107". Footnote to 7 CAR § 91-102(17) cited "14 A.C.A. §§ 7-5-110; 7-5-107(a)(2)". Footnote to 7 CAR § 91-102(18) cited "15 Ark. Const. amend. 51, §13; A.C.A. §§ 7-1-101; 7-5-304(c); 7-5-306(b); 7-5-308; 7-5-312(h); 7-5-412(b); 7-5-416(b)(1)(F)(iii); 7-5-417(a); 7-5-418(d)". Footnote to 7 CAR § 91-102(21) cited "16 A.C.A. § 7-1-101(38)".