1. (a) Early voting and election day voting.

   1. (1) A person voting at the poll during early voting or on election day who did not verify his or her voter registration or, if a resident of a long-term care or residential care facility licensed by the state, did not provide documentation from the administrator of the facility attesting that the person is a resident of the facility, shall be offered a provisional ballot.
   2. (2) However, a first-time voter who registered by mail and has been flagged as having to comply with additional identification requirements must only comply with the requirements of Arkansas Code § 7-5-201(e)(2).

2. (b) Additional identification requirement for flagged first-time voters who registered by mail.

   1. (1) A first-time voter voting at the polls during early voting or on election day who was flagged on the precinct voter registration list for compliance with the additional identification requirement and who did not provide required identification shall be offered a provisional ballot.
   2. (2) Voters who fall into this category are not required to verify their voter registration under Arkansas Constitution, Amendment 51, § 13.
   3. (3) Rather, the voter must provide 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 in order to cast a regular ballot.
   4. (4) If these voters fail to provide one (1) of the forms of identification, they will be required to vote a provisional ballot.
3. (c) Absentee voters generally. The absentee ballot of a voter who fails to verify his or her voter registration under the requirements of Arkansas Constitution, Amendment 51 by submitting a copy of the required document or identification card pursuant to the State Board of Election Commissioners’ Rules for the Verification of Voter Registration, 7 CAR pt. 90, shall be considered as a provisional ballot.
4. (d) Absentee voters that are flagged first-time voters who registered by mail. The absentee ballot of a first-time voter whose name is flagged on the precinct voter registration list for additional identification and who does not submit with the absentee ballot 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 shall be considered as a provisional ballot.

Codification Notes: This section, as promulgated prior to codification into the Code of Arkansas Rules, contained footnotes to the following: Footnote to 7 CAR § 91-103(a) cited “17 Ark. Const. amend. 51, §13; A.C.A. § 7-5-201(e)”. Footnote to 7 CAR § 91-103(b)(1) cited "18 A.C.A. §§ 7-5-201(e)(1)(A); 7-5-305(8)(B)(iii)". Footnote to 7 CAR § 91-103(b)(2) cited "19 Ark. Const. amend. 51, § 13(b)(6)". Footnote to 7 CAR § 91-103(b)(4) cited "20 A.C.A. § 7-5-201(e); 7-5-305(8)(B)(iii)". Footnote to 7 CAR § 91-103(c) cited "21 Ark. Const. amend. 51, § 13(b)(3)". Footnote to 7 CAR § 91-103(d) cited "22 A.C.A. § 7-5-201(e)(1)(B)".