1. (a) Unless enjoined by a court of competent jurisdiction, a general provisional ballot shall be counted if no other grounds exist that would cause the ballot to not be counted as an unverified provisional ballot and:

   1. (1) It is:

      1. (A) Cast by a registered voter; and
      2. (B) The correct ballot for the precinct of the voter’s residence according to the precinct listed on the voter’s eligibility affirmation; or

   2. (2) It is an absentee ballot, and the county board of election commissioners determines that the voter:

      1. (A) Is eligible to vote in the precinct; and
      2. (B) Has met all other statutory requirements necessary for an absentee ballot to be counted.

2. (b) Unless enjoined by a court of competent jurisdiction, an unverified provisional ballot shall be counted if:

   1. (1) No other grounds exist that would cause the ballot to not be counted as a general provisional ballot; and

   2. (2) The voter:

      1. (A) Returns to the county clerk or county board of election commissioners before 12:00 noon on the Monday following the election; and
      2. (B) Verifies his or her voter registration.
3. (c) In counting provisional ballots, the county board of election commissioners must ensure the secrecy of the ballot pursuant to Arkansas Constitution, Amendment 81.

4. (d) Provisional ballots are counted as follows:

   1. (1) The county election commission, through at least one (1) of its members:

      1. (A) Either completes the election commission’s portion of the list of provisional voters form from each precinct; or
      2. (B) Attests to a comprehensive list that shows the disposition of each provisional ballot in the election;
   2. (2) An election official opens the outer provisional voter envelope for those on the list marked to be counted;
   3. (3) The election official removes the sealed inner ballot secrecy envelope marked “PROVISIONAL BALLOT” containing the provisional voter’s voted ballot;
   4. (4) The election official places the sealed inner ballot secrecy envelope marked “PROVISIONAL BALLOT” containing the provisional voter’s voted ballot in a ballot box provided for that purpose;
   5. (5) When all the outer provisional voter envelopes have been opened and all of the sealed inner ballot secrecy envelopes are placed in the ballot box, the election official shakes the ballot box thoroughly to mix the sealed envelopes containing the provisional ballots;
   6. (6) The ballot box is then opened, the secrecy envelopes containing the voted provisional ballot opened, and the provisional ballots canvassed and counted; and
   7. (7) All records are preserved in accordance with the laws governing preservation of ballots and election materials.

Codification Notes: This section, as promulgated prior to codification into the Code of Arkansas Rules, contained footnotes to the following: Footnote to 7 CAR § 91-111(a) cited “71 A.C.A. § 7-5-308(e)(2)”. Footnote to 7 CAR § 91-111(b) cited "72 Ark. Const. amend. 51, § 13(b)".