Article 3, Arkansas Constitution

Arkansas Constitution
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Article 3 of the Arkansas Constitution is entitled Franchise and Elections.

Section 1

Text of Section 1: Qualifications of Electors (a) Except as otherwise provided by this Constitution, any person may vote in an election in this state who is: (1) A citizen of the United States; (2) A resident of the State of Arkansas; (3) At least eighteen (18) years of age; and (4) Lawfully registered to vote in the election. (b)(1) In addition to the qualifications under subsection (a) of this section, the General Assembly shall provide by law that a voter shall: (A) Present valid photographic identification before receiving a ballot to vote in person; and (B) Enclose a copy of valid photographic identification with his or her ballot when voting by absentee ballot. (2) The General Assembly shall establish by law the types of photographic identification that a person may present to comply with subdivision (b)(1) of this section. (c) The State of Arkansas shall issue photographic identification at no charge to an eligible voter who does not have a form of photographic identification meeting the requirements of the law enacted by the General Assembly under this section. (d)(1)(A) A voter unable to present valid photographic identification when voting in person shall be permitted to vote a provisional ballot. (B) An absentee ballot that is not accompanied by a copy of valid photographic identification shall be considered a provisional ballot. (2) A provisional ballot under subdivision (d)(1) of this section shall be counted only if the voter subsequently certifies the provisional ballot in a manner provided by law. (e)(1) The General Assembly shall implement the provisions of this amendment by law. (2) The General Assembly may provide by law for exceptions to the requirement that a voter: (A) Present valid photographic identification before receiving a ballot to vote in person; and (B) Enclose a copy of valid photographic identification with his or her ballot when voting by absentee ballot. (f) A voter meeting the requirements of this section also shall comply with all additional laws regulating elections necessary for his or her vote to be counted.

Amendments

• Constitutional Amendment 8, which was added on November, 1920.
• Arkansas Voting and Elections, Proposed Constitutional Amendment 1 (2008)
• Amended with the approval of Arkansas Issue 2, Voter ID Amendment (2018) on November 6, 2018.

Section 2

	Text of Section 2: Right of Suffrage Elections shall be free and equal. No power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage; nor shall any law be enacted whereby such right shall be impaired or forfeited, except for the commission of a felony, upon lawful conviction thereof.

Amendments

• Arkansas Voting and Elections, Proposed Constitutional Amendment 1 (2008)

Section 3

	Text of Section 3: 3. [Repealed.]

Amendments

• Arkansas Voting and Elections, Proposed Constitutional Amendment 1 (2008)

Section 4

	Text of Section 4: Privilege of Electors from Arrest Electors shall, in all cases (except treason, felony and breach of the peace,) be privileged from arrest during their attendance at elections, and going to and from the same.

Section 5

	Text of Section 5: 5. [Repealed.]

Amendments

• Arkansas Voting and Elections, Proposed Constitutional Amendment 1 (2008)

Section 6

	Text of Section 6: Violation of Election Laws - Penalty Any persons who shall be convicted of fraud, bribery, or other willful and corrupt violation of any election law of this State, shall be adjudged guilty of a felony, and disqualified from holding any office of trust or profit in this State.

Section 7

	Text of Section 7: Soldiers and Sailors - Residence - Voting Rights No soldier, sailor, or marine, in the military or naval service of the United States, shall acquire a residence by reason of being stationed on duty in this State.

Section 8

	Text of Section 8: Time of Holding Elections The general elections shall be held biennially, on the days and at times fixed by the General Assembly.

Amendments

• Arkansas Voting and Elections, Proposed Constitutional Amendment 1 (2008)

Section 9

Text of Section 9: Testimony in Election Contest - Self-Incrimination In trials of contested elections and in proceedings for the investigation of elections, no person shall be permitted to withhold his testimony on the ground that it may criminate himself or subject him to public infamy: but such testimony shall not be used against him in any judicial proceeding, except for perjury in giving such testimony.

Section 10

	Text of Section 10: Election Officers The General Assembly shall determine the qualifications of an election officer.

Amendments

• Arkansas Voting and Elections, Proposed Constitutional Amendment 1 (2008)

Section 11

	Text of Section 11: Votes to Be Counted If the officers of any election shall unlawfully refuse or fail to receive, count, or return the vote or ballot of any qualified elector, such vote or ballot shall nevertheless be counted upon the trial of any contests arising out of said election.

Section 12

	Text of Section 12: Elections by Representative - Viva Voce Vote All elections by persons acting in a representative capacity shall be viva voce.

Section 13

Text of Section 13: Procedures for elections with one candidate (a) As used in this section, "election" means: (1) A primary election; (2) A special primary election; (3) A general election; and (4) A special election. (b) The General Assembly may enact laws providing that if there is only one (1) person qualified as a candidate for an office after all deadlines for filing as a candidate have passed so that there will be only one (1) name listed on the election ballot for the office and no write-in candidates qualify to appear as candidates for the office on the election ballot: (1) The one (1) candidate for the office shall be declared elected and his or her name shall not appear on the election ballot; (2) The name of the candidate declared elected shall be certified as elected in the same manner as if the candidate had been voted upon at the election; and (3) The election shall not be held if no other office or issue is on the election ballot.

Amendments

• Added on November 8, 2016, via voter approval of Issue 1.

See also

• State constitution
• Constitutional article
• Constitutional amendment
• Constitutional revision
• Constitutional convention
• Amendments
  • Initiated constitutional amendment
  • Legislatively-referred constitutional amendment
  • Publication requirements for proposed state constitutional amendments
  • Rules about constitutional conventions in state constitutions
  • State constitutional articles governing state legislatures

External links

Suggest a link

• Arkansas Constitution

Additional reading

• Cash, Marie. "Arkansas Achieves Statehood.” Arkansas Historical Quarterly 2 (December 1943): 292.
• Goss, Kay C. (1993) The Arkansas State Constitution: A Reference Guide. Westport, Connecticut: Greenwood Press.
• Civil War Helena, "The Constitution of 1868"
• Ledbetter, Jr., Cal, "The Constitution of 1868: Conqueror's Constitution or Constitutional Continuity?" in The Arkansas Historical Quarterly