As used in this part:

1. (1) “Candidate area” means the area or areas on a ballot where candidates’ names appear;
2. (2) “Electronic vote tabulating device” means a device, commonly referenced as an optical scanner, used to electronically scan a marked paper ballot for the purpose of tabulation;
3. (3) “Issue area” means the area or areas on a ballot where measures appear;

4. (4)

   1. (A) “Marking device” means any approved device operated by a voter to record the voter’s choices through marking or creating a paper ballot with ink or other substance that will enable the votes to be tabulated by means of an electronic vote tabulating device.
   2. (B) Paper ballots counted by hand shall be marked using permanent ink.
   3. (C) If an electronic vote tabulating device (optical scanner) is used to count paper ballots, a marking instrument recommended by the manufacturer of the optical scanner for proper marking shall be used;
5. (5) "Measure” means an amendment, act, ordinance, referendum, issue, question, plebiscite, or proposal not involving the election of candidates that appears on a ballot;
6. (6) “Over-vote” means a ballot containing marks for more than the maximum allowable number of candidates in any one (1) contest or containing marks both “FOR” and “AGAINST” a single measure;

7. (7)

   1. (A) “Paper ballot” means a paper vote sheet that is either counted by hand or by use of an electronic vote tabulating device.
   2. (B) The heading of each paper ballot must read: “OFFICIAL BALLOT (description) ELECTION (date), (year). Vote by placing an appropriate mark opposite the person for whom you wish to vote”.
   3. (C) If the paper ballot contains an initiated or referred amendment, act, or other measure, the heading must also include the language: “Vote on amendments, acts, and measures by placing an appropriate mark below the amendment (or act or measure) either “FOR” or “AGAINST””.
   4. (D) Every paper ballot must contain printed instructions under the heading that inform the voter of the effect of casting multiple votes for an office or measure and how to correct the ballot before it is cast and counted.
   5. (E) The paper ballot must contain a place for marking a vote for a candidate adjacent to and on the same line as the name of each candidate.
   6. (F) Below each act, amendment, or other measure to be voted on, the words “FOR” and “AGAINST” shall be situated one above the other with a place for marking a vote for each act, amendment, or other measure adjacent to and on the same line of each word;
8. (8) “Properly marked” means a paper ballot appropriately marked in the appropriate places for marking a vote that contains no marks for more than the maximum allowable number of candidates in any one (1) contest or marks both “FOR” and “AGAINST” any single measure;
9. (9) “Target area” means the place on the paper ballot for marking a vote for candidates and measures;
10. (10) “Under-vote” means no vote is recorded for a contest; and
11. (11) “Voting machine” means one (1) or more electronic devices that operate independently or as a combination of a ballot marking device and an electronic vote tabulating device.

Codification Notes: This part as promulgated prior to codification into the Code of Arkansas Rules contained the following footnotes: Footnote 1 to 7 CAR § 92-102(2) following the phrase "for the purpose of tabulation" as follows: "A.C.A. § 7-1-101". Footnote 2 to 7 CAR § 92-102(4)(A) following the phrase "electronic vote tabulating device" as follows: "A.C.A. § 7-1-101 as amended by Act 1218 of 2015". Footnote 3 to 7 CAR § 92-102(4)(B) following the phrase "using permanent ink" as follows: "A.C.A. § 7-5-602(c)". Footnote 4 to 7 CAR § 92-102(4)(C) following the phrase "proper marking shall be used" as follows: "A.C.A. § 7-5-211(a)(2)(H)". Footnote 5 to 7 CAR § 92-102(5) following the phrase "that appears on a ballot" as follows: "A.C.A. §§ 7-9-101". Footnote 6 to 7 CAR § 92-102(6) following the phrase "in any one (1) contest" as follows: "A.C.A. § 7-5-603(2)(B)". Footnote 7 to 7 CAR § 92-102(7)(B) following the phrase "for whom you wish to vote" as follows: "A.C.A. § 7-5-208(b)(1)". Footnote 8 to 7 CAR § 92-102(7)(C) following the phrase "FOR or AGAINST" as follows: "A.C.A. §§ 7-5-208(b)(2); 7-5-601(d)(2)". Footnote 9 to 7 CAR § 92-102(7)(D) following the phrase "cast and counted" as follows: "A.C.A. § 7-5-601(e)". Footnote 10 to 7 CAR § 92-102(7)(F) following the phrase "same line of each word" as follows: "A.C.A. § 7-5-208(d)". Footnote 11 to 7 CAR § 92-102(11) following the phrase "electronic vote tabulating device" as follows: "A.C.A. § 7-1-101 as amended by Act 1218 of 2015".