1. (a) Provisional ballots cast at the polls during early voting or on election day for reasons other than the failure to verify voter registration shall be handled as follows:

   1. (1) If as a result of a poll watcher challenge:

      1. (A) The poll watcher must:

2. (i) Notify a poll worker of the challenge before the voter signs the precinct voter registration list; and

   1. (ii) Complete a challenged ballot form; and

      1. (B) A poll worker must inform the voter that his or her ballot is being challenged;
   2. (2) If as a result of failure to meet an identification requirement of a first-time voter who did not provide a copy of his or her photo identification or otherwise satisfy the requirements of Arkansas Code § 7-5-201 when that voter registered to vote, a poll worker must inform the voter of the reason the voter is not allowed to cast a regular ballot;
   3. (3) The provisional voter must execute a written eligibility affirmation under penalty of perjury and in the presence of the poll worker stating that he or she is both a registered voter in the precinct in which he or she desires to vote and eligible to vote in the election;

   4. (4) If the provisional ballot is cast on a preprinted paper ballot, the poll worker shall:

      1. (A) Initial the back of the ballot;
      2. (B) Remove the ballot stub from the provisional ballot; and
      3. (C) Place the stub in the stub box provided;
   5. (5) The provisional voter shall mark his or her ballot;

   6. (6)

      1. (A) The provisional voter shall:

         1. (i) Place his or her voted ballot in a ballot secrecy envelope marked “PROVISIONAL BALLOT”; and
         2. (ii) Seal the envelope.
      2. (B) Nothing else goes in this envelope;

   7. (7) The provisional voter shall then:

      1. (A) Place the sealed ballot secrecy envelope marked “PROVISIONAL BALLOT” containing his or her voted provisional ballot in a provisional voter envelope;
      2. (B) Seal it; and
      3. (C) Give it to the poll worker;
   8. (8) The poll worker must provide the provisional voter a copy of the notice prescribed in this subsection;
   9. (9) The poll worker must make and retain a separate list of the names and addresses of all persons casting a provisional ballot;

   10. (10) The poll worker must:

       1. (A) Preserve, secure, and separate all provisional ballots from the remaining ballots; and
       2. (B) Forward all sealed provisional voter envelopes in a secured container provided for that purpose to the county board of election commissioners after the polls close;
   11. (11) The county board of election commissioners shall submit a copy or image of the provisional voter envelope form to the county clerk within one (1) business day of the election; and

   12. (12) Based on the information provided on the provisional voter envelope, the county clerk shall certify to the county board of election commissioners:

       1. (A) Whether the voter is registered to vote in the county;
       2. (B) If registered, what ballot style the voter was qualified to cast; and
       3. (C) Whether an absentee ballot was returned for that voter if that question is relevant to the provisional ballot.

3. (b) Provisional ballots cast at the polls during early voting or on election day because a voter was required to verify his or her voter registration and failed to do so shall be handled as follows:

   1. (1) The poll worker shall indicate on the precinct voter registration list that the voter did not present a required document or identification card;
   2. (2) The poll worker shall notify the voter that the voter must cast a provisional ballot in that election;
   3. (3) The provisional voter must execute a written eligibility affirmation under penalty of perjury and in the presence of the poll worker stating that he or she is both a registered voter in the precinct in which he or she desires to vote and eligible to vote in the election.

   4. (4) If the provisional ballot is cast on a preprinted paper ballot, the poll worker shall:

      1. (A) Initial the back of the ballot;
      2. (B) Remove the ballot stub from the provisional ballot; and
      3. (C) Place the stub in the stub box provided;
   5. (5) The provisional voter shall mark his or her ballot;

   6. (6) The provisional voter shall:

      1. (A) Place his or her voted ballot in a ballot secrecy envelope marked “PROVISIONAL BALLOT”; and
      2. (B) Seal the envelope;

   7. (7) The provisional voter shall then:

      1. (A) Place the sealed ballot secrecy envelope marked “PROVISIONAL BALLOT” containing his or her voted provisional ballot in a provisional voter envelope; and
      2. (B) Seal the envelope;

   8. (8) The poll worker must:

      1. (A) Provide the provisional voter a copy of the notice prescribed in subsection (a) of this section; and
      2. (B) Ensure that the provisional ballot envelope is sealed;
   9. (9) The poll worker must make and retain a separate list of the names and addresses of all persons casting a provisional ballot;

   10. (10) The poll worker must:

       1. (A) Preserve, secure, and separate all provisional ballots from the remaining ballots; and
       2. (B) Forward all sealed provisional voter envelopes in a secured container provided for that purpose to the county board of election commissioners after the polls close;
   11. (11) The county board of election commissioners shall submit a copy or image of the provisional voter envelope form to the county clerk within one (1) business day of the election; and

   12. (12) Based on the information provided on the provisional voter envelope, the county clerk shall certify to the county board of election commissioners:

       1. (A) Whether the voter is registered to vote in the county;
       2. (B) If registered, what ballot style the voter was qualified to cast; and

       3. (C) Whether an absentee ballot was returned for that voter if that question is relevant to the provisional ballot.

          1. (c) For an absentee ballot that becomes a provisional ballot, the absentee ballot canvassing official:
   13. (1) Shall place the absentee ballot materials in a provisional voter envelope; and

   14. (2) Should:

       1. (A) Check the “Other” box; and

       2. (B) Write the word “Absentee” next to the box marked “Other” on the form provided on the provisional ballot envelope.

          1. (d)
   15. (1) The absentee ballot canvassing official should also indicate the reason for making the absentee ballot provisional on the form provided on the provisional ballot envelope.
   16. (2) When the absentee voter’s voter statement is inconsistent with the absentee ballot return envelope regarding the identity of a bearer or agent, the absentee ballot canvassing official should write “Inconsistent Bearer [or Agent] – Envelope/Statement” after the word “Absentee” next to the “Other” box on the provisional ballot envelope.
   17. (3) When the absentee voter’s voter statement is inconsistent with the absentee ballot application regarding the identity of a bearer, the absentee ballot canvassing official should write “Inconsistent Bearer – Application/Statement” after the word “Absentee” next to the “Other” box on the provisional ballot envelope.

Codification Notes: This section, as promulgated prior to codification into the Code of Arkansas Rules, contained footnotes to the following: Footnote to 7 CAR § 91-107(a)(1)(B) cited “41 A.C.A. §§ 7-5-308(a)(1); 7-5-312(e),(h)”. Footnote to 7 CAR § 91-107(a)(3)(B) cited "42 A.C.A. § 7-5-308(a)(2)". Footnote to 7 CAR § 91-107(a)(4)(C) cited "43 A.C.A. § 7-5-308(a)(3)". Footnote to 7 CAR § 91-107(a)(5) cited "44 A.C.A. § 7-5-308(a)(4)". Footnote to 7 CAR § 91-107(a)(6)(B) cited "45 A.C.A. § 7-5-308(a)(5)". Footnote to 7 CAR § 91-107(a)(7)(C) cited "46 A.C.A. § 7-5-308(a)(6)". Footnote to 7 CAR § 91-107(a)(8) cited "47 A.C.A. § 7-5-308(a)(7)". Footnote to 7 CAR § 91-107(a)(9) cited "48 A.C.A. § 7-5-308(a)(8)". Footnote to 7 CAR § 91-107(a)(10)(A) cited "49 A.C.A. § 7-5-308(c)". Footnote to 7 CAR § 91-107(a)(12) cited "50 A.C.A. §§ 7-5-308(e)(1); 7-5-417(c)". Footnote to 7 CAR § 91-107(b)(1) cited "51 A.C.A. § 7-5-308(b)(1)". Footnote to 7 CAR § 91-107(b)(2) cited "52 A.C.A. § 7-5-308(b)(2)". Footnote to 7 CAR § 91-107(b)(3)(B) cited "53 A.C.A. § 7-5-308(b)(3)". Footnote to 7 CAR § 91-107(b)(4)(C) cited "54 A.C.A. § 7-5-308(b)(5)". Footnote to 7 CAR § 91-107(b)(5) cited "55 A.C.A. § 7-5-308(b)(6)". Footnote to 7 CAR § 91-107(b)(6)(B) cited "56 A.C.A. § 7-5-308(b)(7)". Footnote to 7 CAR § 91-107(b)(8)(A) cited "57 A.C.A. § 7-5-308(b)(9)". Footnote to 7 CAR § 91-107(b)(9) cited "58 A.C.A. § 7-5-308(b)(10)". Footnote to 7 CAR § 91-107(b)(10)(A) cited "59 A.C.A. § 7-5-308(c)". Footnote to 7 CAR § 91-107(b)(12) cited "60 A.C.A. §§ 7-5-308(e)(1); 7-5-417(c)".