An act TO AMEND THE LAW CONCERNING DAMAGED OR 10 DEFECTIVE BALLOTS, the official text

Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas                A Bill
2 95th General Assembly

3 Regular Session, 2025                                            HOUSE BILL 1693

4

5 By: Representative Hawk

6 By: Senator K. Hammer

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8                                  For An Act To Be Entitled

9          AN ACT TO AMEND THE LAW CONCERNING DAMAGED OR

10         DEFECTIVE BALLOTS; TO ALLOW THE STATE BOARD OF

11         ELECTION COMMISSIONERS TO PROMULGATE RULES REGARDING

12         THE DUPLICATION OF DAMAGED OR DEFECTIVE BALLOTS; AND

13         FOR OTHER PURPOSES.

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15

16                                 Subtitle

17                       TO AMEND THE LAW CONCERNING DAMAGED OR

18                       DEFECTIVE BALLOTS; AND TO ALLOW THE

19                       STATE BOARD OF ELECTION COMMISSIONERS TO

20                       PROMULGATE RULES REGARDING THE

21                       DUPLICATION OF DAMAGED OR DEFECTIVE

22                       BALLOTS.

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24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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26         SECTION 1. Arkansas Code � 7-5-615(d), concerning the tabulation of

27 votes and damaged or defective ballots, is amended to read as follows:

28         (d)(1) If any ballot is damaged or defective so that it cannot

29 properly be counted by the electronic vote tabulating device, a true

30 duplicate copy shall be made of the damaged ballot.

31         (2) When duplicating a ballot, and in the presence of another

32 election official and designated poll watchers, if any, an election official

33 shall:

34                       (A) Reproduce the selections of the voter on a second

35 ballot that is the same ballot style as the ballot cast by the voter;

36                       (B) Stamp or write the word "duplicate" on the duplicated

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1 ballot;

2          (C) Stamp or write the word "original" on the original

3 damaged or defective ballot;

4          (D) Label both the original damaged or defective ballot

5 and the duplicate ballot with the same unique serial number;

6          (E) Substitute the duplicated ballot for the original

7 damaged or defective ballot;

8          (F) Count the duplicated ballots in the same manner as

9 other ballots in that election; and

10         (G) Secure and separately store the original damaged or

11 defective ballots in the same manner as other ballots in that election.

12         (3) The duplication of a damaged or defective ballot counted at

13 the central counting facility shall be conducted by an election official at

14 the same time and location that ballots with no defects are counted.

15         (4) The duplication of a damaged or defective ballot cast at a

16 polling site shall be delivered securely to the county board of election

17 commissioners to be duplicated by election officials or added to the

18 precinct's count manually on the night of the election.

19         (5)(4) An election official under subdivision (d)(2) of this

20 section shall maintain a recorded count of damaged ballots to be duplicated

21 in the presence of authorized poll watchers, if any, and provide the report

22 to the county board of election commissioners.

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24  SECTION 2. Arkansas Code � 7-5-615, concerning the tabulation of votes

25 and damaged or defective ballots, is amended to add an additional subsection

26 to read as follows:

27  (g) The State Board of Election Commissioners shall promulgate

28 necessary rules regarding the duplication of damaged or defective ballots

29 under this section.

30

31  SECTION 3. Arkansas Code � 7-5-701(a)(3)(C), concerning the

32 certification, delivery, and custody of returns of election results, is

33 amended to read as follows:

34         (C) On election night for all state and federal elections,

35 immediately after the count of the vote is complete but no later than twenty-

36 four (24) hours after polls close on election night, the county board of

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1 election commissioners shall:

2                     (i) Declare preliminary and unofficial results of

3 the election, including a statement of the number of outstanding:

4                                (a) Ballots of voters who requested ballots

5 under the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. �

6 20301 et seq.; and

7                                (b) Provisional ballots; and

8                                (c) Number of ballots required to be

9 duplicated under � 7-5-615; and

10                    (ii) Immediately transmit the results by precinct to

11 the Secretary of State through the election night reporting interface

12 provided by the Secretary of State.

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