2013 Arkansas Voter Rights

The Arkansas Civil Liberties Union Foundation, Inc. (ACLU) is a nonprofit, nonpartisan organization dedicated to defending the principles of liberty and equality embodied in the Constitution and our nation’s civil rights laws. The ACLU does not endorse or oppose any candidate or party, but we believe that no civil right is more important in our democracy than the right to vote.

This card is designed to help protect your own right to vote. Keep it handy, and take it with you to the polls when you vote.

WHO CAN VOTE

Can I vote in Arkansas?

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  You can register if you meet all of the following qualifications: (1) you’re a U.S. citizen; (2) you’re an Arkansas resident; (3) you’ll be at least 18 years old on Election Day; (4) you’re not a convicted felon who has not been discharged or pardoned; (5) you haven’t been declared by a court to be mentally incompetent to vote; (6) you’re not registered in another county or state; and (7) you have proper photo identification.
  

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  If you have moved to Arkansas from another state, notify the voter registrar in your previous state of residence to request cancellation.
  
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  If you are moving from one county to another within the state, your updated registration must be in the county clerk’s office by the fourth day before the election.
  
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  Similarly, if you have moved from one county to another within Arkansas, you must cancel your registration in the old county and re-register in your new county of residence.
  
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  When your current address differs from what appears on the Precinct Voter Registration list:
  
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    A poll workers must contact the county clerk, and
    
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    The county clerk must verify that your address is within the precinct.
    
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  When your new address is within the current voting precinct:
  
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    You must complete the change of address portion of a voter registration application form to update county voter registration records.
    
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  When your new address is not within the current voting precinct:
  
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    You must first verify with the county clerk your correct voting precinct. Then, you must visit the polling site and complete the change of address portion of a voter registration application.
    
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    This procedure will update the county voter registration records and allow you to vote.
    

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  You can register to vote at whatever address you regard as your primary legal residence. This can be your school address or your home address.
  

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  If you were convicted of a misdemeanor, you can vote, but you have to vote by absentee ballot if you're still in jail.
  
  
  
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  If you were convicted of a felony, to restore your right to vote, you must take proof of your discharge and proof that you have paid all probation or parole fees, court costs, fines, or restitution to your local county clerk. Once your county clerk has received this proof, you are eligible to register to vote. If you do not have proof of your discharge, and you were released or paroled, you should contact the entity that released you. If you were released through probation, you should contact the records units for the individual correction units. ADC: Centralized Records-Discharge Files 1 (800) 267-6586 at 980 Freeline Drive, Pine Bluff, AR 71603. For DCC, you should contact your parole or probation officer as it relates to supervision and supervision fees. Proof of restitution payments can be obtained by the entity collecting restitution payments, if any. The circuit clerk where your charges were pled or tried can provide you proof of discharge of any fines and costs.
  
  
  
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  It is best to collect these records at the time of discharge or as soon as possible thereafter and retain copies of these records as they may be increasingly difficult to obtain as time goes by.
  

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  You don’t need a home to register, but you do have to identify a place of residence (which can be a street corner, a park, a shelter, or any other place of residence where you usually stay) and a mailing address (which can be the address of a person or organization that has agreed to accept mail on your behalf).
  

How do I register?

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  You can register to vote:
  

1. 
   in person, by filling out a voter registration form at your county clerk’s office;
   
2. 
   by mail, by filling out a mail-in registration form and mailing it to the Secretary of State or your county clerk’s office; or
   
3. 
   when you apply for services at Driver Services and state agencies that provide public assistance (such as Medicaid, WIC, and food stamps) or services to people with disabilities. You may also be able to register at many other state and federal offices and agencies.
   

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  You can get mail-in voter registration forms from your county clerk, from most libraries, colleges, and high schools, by calling the Secretary of State Elections Division at 1-800-247-3312, or online at http://www.sos.arkansas.gov/elections/Pages/voterRegistration.aspx
  

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  You must register to vote in AR in person or by mail no later than 30 days prior to the election in which you wish to vote. If you submit your application for registration close to an election registration deadline, you should follow up with your county clerk to check your registration status. Applying in person with the clerk is the only registration method that will ensure your eligibility.
  

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  You won’t be able to vote in an election in the next 29 days, but you can register to vote in other future elections.
  

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  You should update your registration every time you move or change your name, including any name changes as a result of marriage or divorce.
  
  
  
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  If you haven’t updated your registration, or if you move or change your name, call your county clerk as soon as possible to find out where and how to vote.
  

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  You can check your registration status by calling your county clerk or online at https://www.voterview.ar-nova.org/ or with a mobile device at https://www.ark.org/sos_voterview_m/m.aspx
  
  
  

Can I vote before Election Day?

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  For some elections, you can vote early in person, and you may be able to vote early by absentee ballot.
  
  
  
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  Any registered voter can vote early in person, but you must provide present proof of identity to the county clerk or election official.
  
  
  
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  You can vote by absentee ballot if you’ll either be unavoidably absent from your precinct on Election Day or unable to vote at the polls because of an illness or physical disability.
  

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  Before a preferential primary or general election:
  
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    Apply to the county clerk’s designated early voting location up to 15 days before the election between the hours of 8 A.M. and 6 P.M. Monday through Friday, and 10 A.M. and 4 P.M. on Saturday, ending at 5 PM on the Monday before the election.
    
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  Before any other election, including general primary and general runoff elections:
  
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    Apply to the county clerk during regular office hours up to 7 days before the election and ending on the day before the election day at the time the county clerk’s office regularly closes.
    
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  Go to an early voting site]. Check your local newspaper or call your county clerk for the hours and location of an early voting site near you.
  

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  You must submit with your ballot:
  
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    A copy of a current and valid photo ID OR
    
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    A copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows your name and address
    
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  Military and merchant marine voters and their spouses and dependents who are away from the county because of the active duty status of a military or merchant marine member are exempt from the identification requirement for absentee ballots.
  

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  Only a qualified voter who will be unavoidably absent from the polls on the day of the election (such as a citizen residing or temporarily outside the US), or a qualified voter who will be unable to attend the polls because of illness or physical disability may vote absentee in Arkansas.
  

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  Call or visit your county clerk’s office to get an application for an absentee ballot for a list of county clerk’s names and phone numbers visit: http://www.acluarkansas.org/contentitemdocuments/252.pdf
  
  
  
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  Then submit your application to your county clerk’s office:
  

1. 
   in person no later than [date] at the end of the business day;
   
2. 
   by mail or fax no later than [date], (make sure you mail early enough to reach this deadline);
   
3. 
   by sending a “designated bearer” (someone you choose to pick up or deliver your ballot) no later than [date]; or
   
4. 
   by sending an “authorized agent” (someone who has filed an affidavit with the county clerk authorizing him or her to assist voters who are hospitalized or living in a long-term care facility) by 1:30 pm on Election Day.
   

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  To be counted, your absentee ballot must be received by your county clerk by the close of business on the day before the election, if you deliver it personally by hand, or by 7:30 pm the day of election if you deliver it by mail, by a designated bearer, or by authorized agent.
  

When is Election Day?

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  There are many local races buy dates for statewide races in 2014 include:
  
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    Primary election May 20, 2014
    
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    Primary Run Off June 10, 2014
    
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    General election November 4, 2014
    
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    General Run Off November 25, 2014
    

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  Polls will be open from 7:30 a.m. to 7:30 p.m. You have the right to vote if you’re in line when the polls close.
  

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  Maybe. If your work schedule would otherwise prevent you from voting in person while the polls are open on Election Day, your employer is required to schedule you so that you have an opportunity to vote.
  

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  On Election Day, you have to vote at the polling place to which you’re assigned. Your assigned polling place will be listed on the acknowledgment that you should receive in the mail when you register.
  
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  If you don’t have your acknowledgement, you can call your county clerk or look up your polling place online at https://www.voterview.ar-nova.org or using your mobile device at https://www.ark.org/sos_voterview_m/m.aspx and you can find your county clerk’s phone number and fax number at: http://www.acluarkansas.org/contentitemdocuments/252.pdf
  

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  It’s illegal to distribute, hand out, or display campaign materials at a polling place or to distribute any campaign materials within 100 feet of the entrance to the polling place. But you can bring a voting aid for your own use such as a sample ballot, a voter guide, this card, or even campaign materials to be used as a voting aid so long as the campaign materials are not displayed or distributed.
  

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  Each county election board has the responsibility to ensure that polling places are accessible. If you find out before Election Day that your polling place is not accessible, call the State Board of Election Commissioners (800-411-6996) and the county board right away to ask for an accommodation. You have the right to an accessible polling place and an accessible voting machine. Or, if you prefer, vote by absentee ballot.
  
  
  
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  You can also have two poll workers help you, or you can bring one person of your choice to assist you. You have the right to have anyone you choose assist you as long as the person is not your employer, an agent of your employer, or an officer or agent of your labor union.
  

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  Most election materials in Arkansas are available in English only, and you have the right to bring a translator with you to the polls or to get assistance in your language from anyone you choose, as long as the person is not your employer, an agent of your employer, or an officer or agent of your labor union.
  

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  If you need help because of a physical disability or because you can’t read the ballot, tell a poll worker when you get to your polling place. You have the right to vote on an accessible voting machine. You also have the right to have anyone you choose assist you in the voting booth, including poll workers, as long as the person is not your employer, an agent of your employer, or an officer or agent of your labor union.
  
  
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  If you need instructions on how to use the voting equipment, ask a poll worker for help. Poll workers are required to help you.
  

Do I have to show ID?

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  Yes. Act 595 passed by in 2013 by the Arkansas Legislature requires every voter to present proof of identification at the polls. Your ID must show your name and photo, be issued by the United States, the State of Arkansas, or an accredited postsecondary education institution in the State of Arkansas and cannot be expired more than four (4) years before the date of the election.
  

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  Accepted forms of ID, if issued by the state or federal government and containing a photo and address, may include:
  
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    A driver’s license
    
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    A photo ID card
    
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    A concealed handgun carry license with photo
    
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    A United States passport
    
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    An employee badge or identification document with photo and address
    
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    A United States military identification document with photo and address
    
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    A student identification card issued by an accredited postsecondary education institution in the State of Arkansas
    
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    A public assistance identification card with photo and address
    
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    A photo Voter ID card
    
  
  

  How do I get a Voter ID card?

  
  

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  If you do not have one of the photo IDs above, you can get a free Voter ID card if:
  
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    You do not have another valid form of ID for voting
    
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    You have registered to vote or have submitted a voter registration application AND
    
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    You must sign an oath that you do not have another valid form of ID for voting
    
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    You must visit your county clerk’s office to obtain your Voter ID card. You cannot obtain your Voter ID card by mail. You can find your county clerk’s phone number and fax number at: http://www.acluarkansas.org/contentitemdocuments/252.pdf
    

What do I need to bring when I go to apply for my Voter ID card?

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  You must show the following 3 types of documents:
  

1) A photo or non-photo identity document which includes your full legal name and date of birth. Examples include:

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  Original or certified copy of a birth certificate (cannot be a copy)
  
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  Copy of Marriage License Application
  
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  Notarized copy of your State or Federal Tax Return filed in the previous calendar year
  
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  Paycheck or paycheck stub bearing the imprinted name of your employer
  
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  An original of a Medicare of Medicaid statement (cannot be a copy)
  
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  Certified school record or transcript for the current or preceding calendar year
  
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  Naturalization documentation OR
  
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  DD-214 form issued by the federal government to members of the military
  

2) Documentation showing your name and residential address. Examples include:

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  Utility or cable bill issued within the last 60 days
  
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  Bank statement issued within the last 60 days
  
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  Notarized copy of your State or Federal Tax Return filed for the previous calendar year
  
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  Currently valid residential rental contract and/or receipt for payment made within the last 60 days for residential rent payments
  
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  Homeowners’ insurance policy or bill for the current or preceding calendar year
  
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  Personal property tax bill for the current or preceding calendar year
  
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  Current automobile registration receipt OR
  
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  W-2 issued by your employer for the preceding calendar year
  

3) Evidence that you are registered to vote in the county where you are submitting the application OR that you will be at least 18 years old at the time of the next election and that the County Clerk has received your voter registration application.

What if I am unable to show the required ID at the polls?

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  You may cast a provisional ballot, but it will only be counted if you return to the county board of election Commissioners by 12:00 PM on the Monday following the election and:
  
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    Present proof of identity OR
    
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    Provide an affidavit stating you cannot provide proof of identity because you are indigent or have a religious objection to being photographed OR
    

You have not been challenged are required to vote a provisional ballot for any other reason

The ACLU of Arkansas has additional materials concerning the state’s voter ID law on our webpage at www.acluarkansas.org

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  PROBLEMS AT THE POLLS
  

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  First, ask a poll worker to check the list again and to confirm that you’re at the right polling place. The poll worker should ask you to confirm your address and date of birth and attempt to verify with your county clerk that you are a registered voter in the county and at that precinct.
  
  
  
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  If you’re at the right polling place but your name isn’t on the voter list and the poll worker cannot confirm your information, you can ask for a provisional ballot. You have the right to cast a provisional ballot even if your name is not on the voter list, as long as you’re willing to swear that you believe you are registered to vote.
  

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  You must complete a voter registration form to update county voter registration records, but you should be allowed to vote.
  

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  Go to the right polling place. You can ask a poll worker to help you find the polling place where you’re registered. You can also call your county clerk or look up your polling place online at https://www.voterview.ar-nova.org or by mobile device at https://www.ark.org/sos_voterview_m/m.aspx If you’re unsure where to go and can’t find out, go to the polling place you think is most likely the right one.
  

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  Assert your right, but especially on election day (as opposed to early voting), if you cannot persuade poll workers to accept you as a voter, you can always ask for a provisional ballot. Election officials will rule on the challenge before the election results become final, and your ballot will be counted if they determine that you were eligible to vote.
  

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  Tell a poll worker right away. If the poll worker is the problem, tell a poll watcher and the election judge, and also call your county clerk, call one of the election hotline numbers listed at the end of this card, and/or make a complaint online at http://www.acluarkansas.org/GetHelp . You can ask for ID of any poll worker.
  

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  Tell a poll worker before you cast your vote. If you spoil a paper ballot, you have the right to up to two replacement ballots as long as you catch the mistake before you cast your ballot. If your machine malfunctions, bring it to the poll workers’ attention so that you can vote on a different machine or paper ballot.
  

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  First, ask for an election judge at your polling place. He or she can handle most routine complaints that arise on Election Day. Candidates, political parties, and nonprofit groups may also have poll watchers at your polling place who might be able to assist you. If any of those people ask you who you voted for, or if they can’t resolve your complaint, call your county clerk, the Secretary of State, or the Arkansas State Board of Election.
  
  
  
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  You can also call one of the election hotline numbers listed at the end of this card or make a complaint online with the ACLU of Arkansas at www.acluarkansas.org/GetHelp .
  

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  Check your voter registration status at least 30 days before the election.
  
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  Vote before Election Day using early voting.
  
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  If you plan to vote at the polls, locate your polling place at least 30 days before the election.
  
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  Vote early in the day to avoid the last-minute rush.
  
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  Bring required identification.
  
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  Read all instructions carefully.
  
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  Ask for help if you need it.
  
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  Take your time. You have up to 5 minutes in the voting booth to cast your vote. Ark. Code. Ann. § 7-5-309.
  

1. 
   Arkansas State Board of Election: (501) 682-1834 or (800) 411-6996
   
2. 
   Arkansas Secretary of State: (800) 247-3312
   
3. 
   Directory of County Clerks: http://www.acluarkansas.org/contentitemdocuments/252.pdf
   
4. 
   ACLU of Arkansas: www.acluarkansas.org/GetHelp or leave a message mentioning voting rights at (501) 374-2660
   
5. 
   U.S. Department of Justice, Voting Rights Section: (800) 253-3931 or (202) 514-2000
   
6. 
   U.S. Attorney’s Offices: Little Rock (501) 340-2600; Fort Smith (479) 783-5125
   

By Mail: 904 West Second Street, Suite 1

Little Rock, AR 72201

By Phone: 501-374-2660