1. (a) Voter’s name missing. When a voter provides his or her name, address, and date of birth to a poll worker, and the voter’s name is not on the precinct voter registration list, the poll worker must:

   1. (1) Contact the county clerk’s office to verify the voter’s registration status;
   2. (2) Allow the voter to cast a regular ballot, if the county clerk informs the poll worker that the voter is a qualified voter of the precinct;

   3. (3) Allow the voter to cast a regular ballot, if the county clerk informs the poll worker that the voter:

      1. (A) Transferred his or her registration from another county not later than four (4) days before the election; and
      2. (B) Is at the correct poll in the new county of registration;
   4. (4) Send the voter to his or her correct polling site where the voter may cast a regular ballot, if the county clerk informs the poll worker that the voter is listed as a registered voter at a different precinct in the county;
   5. (5) Allow the voter to cast a provisional ballot at the disputed polling site, if the county clerk informs the poll worker that the voter is listed as a registered voter at a different precinct in the county, but the voter insists that he or she is at the correct polling site; or
   6. (6) Allow the voter to cast a provisional ballot, if the county clerk is unable to verify the voter’s registration, but the voter contends that he or she is both registered in the precinct in which he or she desires to vote and is eligible to vote.

2. (b) “Voted absentee” notation.

   1. (1) Upon delivery of an absentee ballot to an individual authorized to receive an absentee ballot, the county clerk shall mark the electronic voter registration record and the precinct voter registration list to indicate that an absentee ballot has been delivered to the voter under the procedures in this section.
   2. (2) Any person to whom an absentee ballot is delivered, according to the precinct voter registration list, but who chooses to vote by early voting or to vote at his or her polling site on election day, shall be permitted to cast a provisional ballot at the poll.

3. (c) Marked as having already voted in person.

   1. (1) If the precinct voter registration list indicates that a voter has already been marked as having voted in person in that election and the voter asserts they have not voted in that election, then the poll workers shall permit the voter to cast a provisional ballot.
   2. (2) In the event a provisional ballot is cast due to a voter having been marked as having already voted in the precinct voter registration list, the county board of election commissioners shall report this occurrence to the State Board of Election Commissioners within thirty (30) days of the election.

   3. (3) The county board of election commissioners should count the provisional ballot cast under this section unless the county board of election commissioners:

      1. (A) Determines that the voter cast more than one (1) ballot in that election; or
      2. (B) Is otherwise prohibited from counting the provisional ballot under this part.

Codification Notes: This section, as promulgated prior to codification into the Code of Arkansas Rules, contained footnotes to the following: Footnote to 7 CAR § 91-104(a)(2) cited “23 A.C.A. § 7-5-306(a)”. Footnote to 7 CAR § 91-104(a)(3) cited "24 Ark. Const. amend. 51, § 10". Footnote to 7 CAR § 91-104(a)(6)(B) cited "25 A.C.A. §§ 7-5-306(b); 7-5-418(d)". Footnote to 7 CAR § 91-104(b)(1) cited "26 A.C.A. § 7-5-409(g)". Footnote to 7 CAR § 91-104(b)(2) cited "27 A.C.A. §§ 7-5-201(f); 7-5-305(a)(11); 7-5-411(b)".