(a) Whenever a person casts a provisional ballot at the polls during early voting or on election day, the poll worker must provide the voter a copy of a notice that includes the following information:
(1) That the provisional voter will be notified by first class mail:
- (A) Whether his or her vote was counted; and
- (B) The reason if not counted;
- (2) The address, telephone number, and regular office hours of the county clerk;
- (3) An explanation of the provisional voting process;
- (4) An explanation of how a voter who cast a provisional ballot because the voter failed to verify his or her voter registration can return to the clerk or the county board of election commissioners to verify their voter registration before Monday at noon following the election; and
- (5) The date, time, and address of a hearing for the voter if the provisional ballot is rejected.
(b)
- (1) The system that the Secretary of State has established for provisional voters to be notified whether their ballot was counted requires written notice mailed first class to the provisional voter by the county board of election commissioners.
- (2) Sample notices may be obtained from the Secretary of State’s office.
- (c) Access to information about an individual provisional ballot shall be restricted to the individual who cast the ballot.
(d) If the county board of election commissioners determines that a provisional ballot or an absentee ballot that has been made provisional will not be counted, the county board of election commissioners must:
- (1) Send written notice to the voter who cast the ballot; and
- (2) State the reason or reasons the ballot was not counted.
Codification Notes: This section, as promulgated prior to codification into the Code of Arkansas Rules, contained footnotes to the following: Footnote to 7 CAR § 91-108(a)(1) cited “62 A.C.A. § 7-5-902”. Footnote to 7 CAR § 91-108(c) cited "63 A.C.A. § 7-5-308(d)(3)". Footnote to 7 CAR § 91-108(d) cited "64 A.C.A. § 7-5-902".