Browse Arkansas Code titles and sections
7-5-701. Declaration of results — Certification, delivery, and custody of returns.
Arkansas Code — all titles (historical 2020) · legal_authorities
7-5-701. Declaration of results — Certification, delivery, and custody of returns.
(a)(1) No earlier than forty-eight (48) hours after the election and no later than the fifteenth calendar day after the election, the county board of election commissioners, from the certificates and ballots received from the several precincts, shall proceed to ascertain, declare, and certify the result of the election to the Secretary of State.
(2) Unopposed candidates, other than candidates for mayor, governor, city clerk, and circuit clerk, shall be separately declared and certified to the Secretary of State as elected in the same manner as if the candidate had been voted upon at the election.
(3)(A) As results are received and tabulated on election night for all state and federal elections, the county board of election commissioners shall declare preliminary and unofficial results of the election as soon as early voting, absentee, or individual precinct results are tabulated on election night and immediately shall transmit the results by precinct to the Secretary of State through the election night reporting interface provided by the Secretary of State.
(B) The county board of election commissioners may, by agreement with the county clerk, transmit the results to the county clerk who immediately shall transmit the results by precinct to the Secretary of State under subdivision (a)(3)(A) of this section.
(C) On election night for all state and federal elections, immediately after the count of the vote is complete, the county board of election commissioners shall:
(i) Declare preliminary and unofficial results of the election, including a statement of the number of outstanding:
(a) Ballots of voters who requested ballots under the Uniformed and Overseas Citizens Absentee V
Source: Arkansas Code — historical release 78 (November 6, 2020) · 7-5-701
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:7-5-701
Source file: gov.ar.code.title.07.odt
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7-5-701. Declaration of results — Certification, delivery, and custody of returns.
(a)(1) No earlier than forty-eight (48) hours after the election and no later than the fifteenth calendar day after the election, the county board of election commissioners, from the certificates and ballots received from the several precincts, shall proceed to ascertain, declare, and certify the result of the election to the Secretary of State.
(2) Unopposed candidates, other than candidates for mayor, governor, city clerk, and circuit clerk, shall be separately declared and certified to the Secretary of State as elected in the same manner as if the candidate had been voted upon at the election.
(3)(A) As results are received and tabulated on election night for all state and federal elections, the county board of election commissioners shall declare preliminary and unofficial results of the election as soon as early voting, absentee, or individual precinct results are tabulated on election night and immediately shall transmit the results by precinct to the Secretary of State through the election night reporting interface provided by the Secretary of State.
(B) The county board of election commissioners may, by agreement with the county clerk, transmit the results to the county clerk who immediately shall transmit the results by precinct to the Secretary of State under subdivision (a)(3)(A) of this section.
(C) On election night for all state and federal elections, immediately after the count of the vote is complete, the county board of election commissioners shall:
(i) Declare preliminary and unofficial results of the election, including a statement of the number of outstanding:
(a) Ballots of voters who requested ballots under the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301 et seq.; and
(b) Provisional ballots; and
(ii) Immediately transmit the results by precinct to the Secretary of State through the election night reporting interface provided by the Secretary of State.
(D) The county board of election commissioners may, by agreement with the county clerk, transmit the results to the county clerk who shall immediately transmit the results by precinct to the Secretary of State as described in subdivision (a)(3)(C) of this section.
(E) The Secretary of State may establish policies and procedures to accomplish the objectives set forth under this section.
(4) Within nineteen (19) calendar days after any general, special, or school election, the county board of election commissioners shall deliver a certificate of election to the person having the highest number of legal votes for any county office.
(b) The county board of election commissioners shall also file in the office of the clerk of the county court a certificate setting forth in detail the result of the election in each precinct.
(c)(1) No earlier than forty-eight (48) hours after the election and no later than the fifteenth calendar day after the election, the county board of election commissioners shall deposit certified copies of the abstracts of the returns of the election for members of the United States Congress and for all executive, legislative, and judicial officers in the nearest post office on the most direct route to the seat of government and directed to the Secretary of State.
(2) Separate from an abstract, the county board of election commissioners shall certify all unopposed candidates for these offices as elected in the same manner as if the candidate had been voted upon at the election.
(3) The county board of election commissioners shall not receive compensation for election duties after the election until the election results have been certified and delivered to the Secretary of State.
(4) The Secretary of State shall file a complaint with the State Board of Election Commissioners under § 7-4-120 if the county board of election commissioners does not comply with subdivision (c)(1) of this section.
(d)(1) It shall at the same time enclose in a separate envelope and direct to the Speaker of the House of Representatives, in care of the Secretary of State, at the seat of government, a certified copy of the abstract of votes given for Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, and Attorney General.
(2) It is the duty of the Secretary of State to safely keep the returns addressed to the Speaker of the House of Representatives until they shall be required for the purpose of ascertaining and declaring the result of the election as prescribed in Arkansas Constitution, Article 6, § 3.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Presidential designee** The President shall designate the head of an executive department to have primary responsibility for Federal functions under this chapter.
**(b) Duties of Presidential designee** The Presidential designee shall—
(1) consult State and local election officials in carrying out this chapter, and ensure that such officials are aware of the requirements of this Act;
(2) prescribe an official post card form, containing both an absentee voter registration application and an absentee ballot application, for use by the States as required under [section 20302(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20302/a/4&num=0&edition=prelim);
(3) carry out [section 20303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section20303&num=0&edition=prelim) with respect to the Federal write-in absentee ballot for absent uniformed services voters and overseas voters in general elections for Federal office;
(4) prescribe a suggested design for absentee ballot mailing envelopes;
(5) compile and distribute (A) descriptive material on State absentee registration and voting procedures, and (B) to the extent practicable, facts relating to specific elections, including dates, offices involved, and the text of ballot questions;
(6) not later than the end of each year after a Presidential election year, transmit to the President and the Congress a report on the effectiveness of assistance under this chapter, including a statistical analysis of uniformed services voter participation, a separate statistical analysis of overseas nonmilitary participation, and a description of State-Federal cooperation;
(7) prescribe a standard oath for use with any document under this chapter affir
Source: Supplied U.S. Code snapshot — release unconfirmed · 52 U.S.C. § 20301
Stored review status: release_metadata_unconfirmed. The source passage cites 52 U.S.C. § 20301. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 28
TITLE 52—VOTING AND ELECTIONS
§ 20105
1 So in original. Probably should be ‘‘possession’’.
§ 20105. Enforcement
(a) Action for declaratory or injunctive relief
If a State or political subdivision does not
comply with this chapter, the United States At-
torney General or a person who is personally ag-
grieved by the noncompliance may bring an ac-
tion for declaratory or injunctive relief in the
appropriate district court.
(b) Prerequisite notice of noncompliance
An action may be brought under this section
only if the plaintiff notifies the chief election
officer of the State of the noncompliance and a
period of 45 days has elapsed since the date of
notification.
(c) Attorney fees
Notwithstanding any other provision of law,
no award of attorney fees may be made with re-
spect to an action under this section, except in
any action brought to enforce the original judg-
ment of the court.
(Pub. L. 98–435, § 6, Sept. 28, 1984, 98 Stat. 1679.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 1973ee–4 of
Title 42, The Public Health and Welfare, prior to edi-
torial reclassification and renumbering as this section.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section applicable with respect to elections taking
place after Dec. 31, 1985, see section 9 of Pub. L. 98–435,
set out as a note under section 20101 of this title.
§ 20106. Relationship to Voting Rights Act of 1965
This chapter shall not be construed to impair
any right guaranteed by the Voting Rights Act
of 1965 (42 U.S.C. 1973 et seq.) [now 52 U.S.C. 10301
et seq.].
(Pub. L. 98–435, § 7, Sept. 28, 1984, 98 Stat. 1679.)
Editorial Notes
REFERENCES IN TEXT
The Voting Rights Act of 1965, referred to in text, is
Pub. L. 89–110, Aug. 6, 1965, 79 Stat. 437,
Source: Supplied 2024 U.S. Code historical extraction · 52 U.S.C. § 20301
Stored review status: historical_2024_not_currentness_verified. The source passage cites 52 U.S.C. § 20301. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
7-4-120. Complaints of election law violations — Definitions.
(a)(1) Except as provided in subdivision (a)(2) of this section, the State Board of Election Commissioners may investigate alleged violations, render findings, and impose sanctions according to this subchapter for violations of election and voter registration laws.
(2) The State Board of Election Commissioners shall not investigate alleged violations, render findings, or impose sanctions concerning violations of:
(A) The provisions of § 7-1-103(a)(1)-(4), (6), and (7); or
(B) Campaign finance and disclosure laws for which the Arkansas Ethics Commission has the duty and authority to investigate and sanction under §§ 7-6-217 and 7-6-218.
(b)(1) A complaint shall be filed with the State Board of Election Commissioners in writing within thirty (30) days of:
(A) An alleged violation of the voter registration laws; or
(B) The election associated with the complaint;
(2) A complaint shall be signed by the complainant under penalty of perjury.
(3)(A) A complaint shall clearly:
(i) Describe the alleged violation, including without limitation the supporting facts for the violation;
(ii) State when the alleged violation occurred; and
(iii) State the location of the alleged violation.
(B)(i) The complaint may specify a desired resolution to the complaint.
(ii) If the complaint is timely filed but does not specify the desired resolution of the complainant:
(a) The State Board of Election Commissioners shall notify the complainant that a desired resolution is not specified; and
(b) The complainant may file the additional information within ten (10) days from mailing of the notice.
(4)(A) If a complaint does not meet the requirements of this section, the complaint shall be dismissed.
(B) I
Source: Arkansas Code — historical release 78 (November 6, 2020) · 7-4-120
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 7-4-120. This identifies an authority to review, not proof of applicability.