1. (a) Official recognition/credentials.

   1. (1) Prior to acting as a poll watcher, a prospective poll watcher must complete the poll watcher training offered on the State Board of Election Commissioners’ website.

   2. (2)

      1. (A) Poll watchers representing a candidate, group, or political party must:

2. (i) File a poll watcher authorization form with the county clerk of the county in which the polling site, absentee ballot processing site, or counting site is located; and

   1. (ii) Present a file-marked copy of the valid form to the election officials immediately upon entering the:
3. (a) (a) Polling site;

4. (b) (b) Absentee ballot processing site; and/or

   1. (c) (c) Counting site.

      1. (B) Before accepting and file marking a poll watcher authorization form, a county clerk must first review the certificate of completion to confirm that the poll watcher has completed the required poll watcher training.
      2. (C) When file marking the poll watcher authorization form, the county clerk shall provide the poll watcher with three (3) copies of the file marked form without cost.
   2. (3) A poll watcher may list multiple sites on one (1) poll watcher authorization form or write the word “all” in lieu of listing each polling site if the poll watcher intends to be a poll watcher at multiple polling sites in the county.

   3. (4)

      1. (A) A candidate may not be present in person at the polls on election day as a poll watcher.

      2. (B) A candidate may be present in person as a poll watcher during the:

         1. (i) Counting and tabulation of ballots; and
         2. (ii) Processing of absentee ballots.

   4. (5)

      1. (A) A candidate may be present in person at early voting locations only for the purpose of observing whether or not votes are fairly and accurately cast, but a candidate:

         1. (i) May not challenge voters as a poll watcher during early voting; and
         2. (ii) May speak only to a designated poll worker.

      2. (B) A candidate who is present in person at an early voting location for the purpose of observing may not:

         1. (i) Speak to voters; or
         2. (ii) Disrupt the orderly conduct of the election.
      3. (C) A candidate who is a public official and who is present in person at an early voting location for the purpose of observing shall not wear on his or her person any uniform, badge, or other apparel or equipment that identifies the candidate as a public official.
   5. (6) A candidate who is present in person at an early voting location for the purpose of observing or during the counting and tabulation of ballots and the processing of absentee ballots as a poll watcher is not required to present a poll watcher authorization form but must present some form of identification to an election official immediately upon entering the site.

   6. (7) Only one (1) authorized poll watcher per candidate, group, or party at any one (1) time may be officially recognized as a poll watcher at each location within:

      1. (A) A polling site where voters identify themselves to election officials; and
      2. (B) The absentee ballot processing site where absentee ballots are processed.

   7. (8) Only one (1) authorized poll watcher per candidate, group, or party at any one (1) time may be officially recognized as a poll watcher at the counting of ballots at the:

      1. (A) Polling site;
      2. (B) Central counting location; or
      3. (C) Absentee ballot counting location.

   8. (9) Poll watcher rights and responsibilities must be posted in plain view at each:

      1. (A) Polling site;
      2. (B) Absentee ballot processing site; and
      3. (C) Counting site.

   9. (10) A poll watcher shall wear a name tag, while present in the polling site or other location where an election process is occurring, that:

      1. (A) Displays the name of the poll watcher; and
      2. (B) Identifies the individual as a poll watcher.

5. (b) Observation of polling site or sites.

   1. (1) Authorized poll watchers who are officially recognized at a polling site may:

      1. (A) Stand close enough to the place where voters check in to vote so as to hear the voter’s name;
      2. (B) Stand close enough to observe election operations in the poll;
      3. (C) Move around the poll to observe the different operations of the poll; and

      4. (D) Challenge an ineligible voter upon:

         1. (i) Notifying a poll worker of the challenge before the voter signs the precinct voter registration list; and
         2. (ii) Subsequently completing a challenged ballot form.

   2. (2) A poll watcher may challenge a voter only on the grounds that the voter:

      1. (A) Is not eligible to vote in the precinct; or
      2. (B) Has already voted in the election.

   3. (3) When election clerks appointed by the county election commission to process, count, and canvass absentee ballots read the name and voting precinct of an absentee voter:

      1. (A) Any qualified poll watcher may challenge the vote in the same manner provided by law for personal voting challenges; and
      2. (B) The election clerks must consider the absentee ballot as a provisional ballot.

   4. (4) A poll watcher may not be:

      1. (A) Within six feet (6’) of any voter in the process of voting; or

      2. (B) In a position in which the poll watcher can see how a voter is marking is or her ballot.

         1. (c) Inspection of absentee voter statements and ballots.

   5. (1)

      1. (A)

         1. (i) The poll watcher shall be allowed to inspect a voter statement during the canvassing and counting of absentee ballots.
         2. (ii) The canvassing process shall be conducted so that a poll watcher is able to generally view the paperwork as it is being processed.
         3. (iii) Election officials must require the poll watcher to stand or otherwise be in a position permitting them to:
6. (a) (a) Hear the information read aloud; and

7. (b) (b) Generally view the documents.

   1. (iv) The poll watchers:
8. (a) (a) Are not required to be able to read the full text of every document; and

9. (b) (b) May be required to remain at a sufficient distance to ensure the integrity of the canvassing process.

   1. (B) Poll watchers may not be:

      1. (i) Permitted closer than three feet (3’) from the canvassing process, unless they are inspecting a voter statement; and

         1. (ii) Required to be more than six feet (6’) from the canvassing process.

      2. (C) At no time shall a poll watcher have physical possession of an absentee ballot, whether it:

         1. (i) Is within the ballot secrecy envelope; or
         2. (ii) Has been removed for counting.
      3. (D) If a poll watcher requests to conduct an inspection of a voter statement that they believe may be subject to challenge, the poll watcher shall be allowed to view the voter statement in the presence of the election officials but shall not be permitted to remove the voter statement from the canvassing area.

      4. (E) A poll watcher:

         1. (i) May not individually review every absentee voter statement; and
         2. (ii) Shall not use the ability to inspect a document in bad faith to impede the canvassing process.

      5. (F)

         1. (i) The county board of election commissioners may, by unanimous vote of those members present, suspend the ability of a poll watcher to individually review absentee voter statements if that poll watcher has:
10. (a) (a) Requested to review more than thirty (30) absentee voter statements in less than an hour during a day of canvassing; and

11. (b) (b) Been determined by the county board of election commissioners to be acting in bad faith so that the inspections operate to obstruct the canvassing process.

    1. (ii) This shall not prevent the candidate, party, or group from appointing a substitute poll watcher, who shall not be subject to the suspension.

    2. (2)

       1. (A) The county board of election commissioners, and those subordinate officials appointed to canvass and count ballots, shall ensure that the ballots are:

          1. (i) Secured in a box or other containment device when the ballots are placed into storage; and
          2. (ii) Only removed from the storage or containment device at a time and location when and where poll watchers may be present.

       2. (B)

          1. (i) Poll watchers shall be permitted to view the entire process of counting ballots from the time the ballots are removed from storage in a secured container until the time the ballots are retuned to storage in a secured container.
          2. (ii) Poll watchers are not permitted to access, touch, or otherwise take physical possession of a ballot.

       3. (C)

          1. (i) Poll watchers shall be allowed to inspect the process of counting ballots.
          2. (ii) If a poll watcher requests to view a ballot during the counting process, the election official conducting the counting process shall place the ballot in view of the poll watcher while retaining physical custody of the ballot.
          3. (iii) The poll watcher shall not manipulate or otherwise take physical possession of the ballot.
          4. (d) Purpose of poll watchers.

    3. (1) A poll watcher’s primary duty is to:

       1. (A) Observe the check-in process of voters; and
       2. (B) Challenge any inappropriate voter who is observed.
    4. (2) A poll watcher is allowed to observe the entire operation of the poll.

    5. (3)

       1. (A) A poll watcher may alert the poll supervisor of potential violations of election procedures.
       2. (B) Alternatively, the poll watcher may contact the State Board of Election Commissioners.
    6. (4) A poll watcher is not present at the polling site to police the activity of poll workers.

Codification Notes: This section, as promulgated prior to codification into the Code of Arkansas Rules, contained footnotes to the following: Footnote to 7 CAR § 91-105(a)(1)(B)(iii) cited “28 A.C.A. § 7-5-312(d)”. Footnote to 7 CAR § 91-105(a)(3)(B)(ii) cited "29 A.C.A. § 7-5-312(a)(1),(e)". Footnote to 7 CAR § 91-105(a)(4)(A)(ii) cited "30 A.C.A. § 7-5-413(d)". Footnote to 7 CAR § 91-105(a)(6)(B) cited "31 A.C.A. § 7-5-312(b),(e)". Footnote to 7 CAR § 91-105(a)(7)(C) cited "32 A.C.A. § 7-5-312(c),(e)". Footnote to 7 CAR § 91-105(a)(8)(C) cited "33 A.C.A. § 7-5-312(f)". Footnote to 7 CAR § 91-105(b)(1)(B) cited "34 A.C.A. § 7-5-312(e),(g),(h)". Footnote to 7 CAR § 91-105(b)(2)(B) cited "35 A.C.A. § 7-5-312(g)". Footnote to 7 CAR § 91-105(b)(3)(B) cited "36 A.C.A. §§ 7-5-414; 7-5-417(a)". Footnote to 7 CAR § 91-105(c)(1)(A)(i) cited "37 A.C.A. § 25-19-105(b)(27)(B)". Footnote to 7 CAR § 91-105(c)(2)(B)(ii) cited "38 A.C.A. § 7-5-615(b)". Footnote to 7 CAR § 91-105(c)(2)(C)(i) cited "39 A.C.A. § 25-19-105(b)(27)(B)".