(a)

1. (1)

   1. (A) The duplication of ballots as prescribed in Arkansas Code § 7-5-615(d) shall occur no earlier than twenty-four (24) hours after the opening of the polls on election day and no later than 12:00 noon the Monday following election day and it shall be open to the public.
   2. (B) The time and place that the duplication of ballots will take place shall be included in the required public notice of elections detailed in Arkansas Code § 7-5-202.
   3. (C)

(i) The county board of election commissioners shall assign an election official to serve as the supervisor of the duplication process.

1. (ii) The supervisor shall be identified in such a way so that it is clear to the public that they are the supervisor.

   1. (iii) Additionally, the supervisor shall be a member of the county board of election commissioners.

2. (2)

   1. (A) A second duplication shall be scheduled for a time between 12:00 noon the Monday following election day and the deadline for certification of the election for the duplication of any lawfully returned ballots which have a deadline of ten (10) days after the election for receipt by the county.
   2. (B) The time and place that the secondary duplication of ballots will take place shall be included in the required public notice of elections detailed in Arkansas Code § 7-5-202.

   3. (C)

      1. (i) The county board of election commissioners shall assign an election official to serve as the supervisor of the secondary duplication process.
      2. (ii) The supervisor shall be identified in such a way so that it is clear to the public that they are the supervisor.
      3. (iii) Additionally, the supervisor shall be a member of the county board of election commissioners.

(b) The procedure for duplication shall be as follows:

1. (1)

   1. (A) There shall be no less than four (4) election officials handling the duplication of ballots.
   2. (B) One (1) of the four (4) election officials shall be the supervisor who is a member of the county board of election commissioners.
   3. (C) All four (4) election officials shall sign both the remake and original identifying that they completed the true duplication of the originally voted ballot;
2. (2) The original ballot shall be marked with a label or stamp denoting it as the original;
3. (3) The remade ballot shall be denoted as a remake;
4. (4) The original and its true duplicate remade ballot shall be serialized to identify the connection between the original and remake for auditing and verification that the duplicate is a true duplicate of all selection made by the voter as reflected on the originally voted ballot;

5. (5)

   1. (A) After election officials have reviewed the duplication of the ballot, but prior to the tabulation of the remake, poll watchers and candidates shall be given an opportunity to review the duplication, if present and if they so choose to review.

   2. (B)

      1. (i) Neither poll watchers nor candidates may touch or manipulate the original or duplicate ballot.
      2. (ii) Election officials shall orient and place the ballots in such way so that the poll watchers or candidates can observe the original votes and the duplicated votes to verify the duplicate is a true duplicate of the original ballot.
   3. (C) If either a poll watcher or a candidate finds an error in the duplication of the ballot, they may raise the error with the supervisor of the respective duplication process;

6. (6)

   1. (A) If an issue of voter intent is discovered during the duplication process, then the ballot shall be set aside for the county board of election commissioners to make a specific determination of the voter’s intent.

   2. (B)

      1. (i) The ballot shall not be remade until the county board of election commissioners, as a body, votes to determine the voter’s intent, determine whether it is an over-vote, or if no vote in that contest or issue can be determined.
      2. (ii) Once the voter intent issue has been resolved by the county board of election commissioners, then the ballot may be duplicated at that duplication event or at the later scheduled duplication event.

   3. (C)

      1. (i) If it is determined that the voter over-voted a contest or issue, and if the duplicated ballot is being completed on a ballot marking device, then the race shall be left blank.
      2. (ii) Subsequently, the duplicated ballot shall be processed through the tabulation device and then marked as an over-vote for the race or issue that was skipped on the remake because of the originally voted ballot’s over-vote; and

7. (7)

   1. (A) The original and duplication ballots shall be tracked and stored separately from other ballots.
   2. (B) All duplicated ballots shall be tabulated in such a way as to create their own results tape.

   3. (C) Both the remake and the original ballots are to be stored together, and all pairs of original and duplicates are to be stored separately from other ballots for purposes of audit review.

      1. (c)
8. (1) On election night, the total number of all ballots that are to be remade shall be transmitted to the Secretary of State.
9. (2) This total remake number shall be sent to the Secretary of State in the same manner as the total number of provisional ballots.