Election laws and legislation in Arkansas

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Election law encompasses a wide array of issues, including voter registration, ballot access, early voting, absentee/mail-in voting and voter identification requirements. The laws governing the administration of elections can vary significantly from state to state and even between jurisdictions within states. This article identifies the statutory source of election law in Arkansas and compiles information on proposed and enacted legislation that would modify election law in Arkansas.

Analysis

See also: State of Election Administration Legislation Reports

2025

In 2025, Arkansas lawmakers passed 63 election-related bills. Some of the bills changed the ballot initiative process, eliminated write-in candidates, added restrictions on pre-filling information on voter registration forms, and submitted a constitutional amendment to voters clarifying voter eligibility.

SB 102 applies state initiative requirements to local petitions, including requiring background checks, requiring paid canvassers to be United States citizens, and prohibiting pay-per-signature for local option election petitions.
HB 1222 allows the state attorney general to reject proposed initiatives if they find that the proposal is in conflict with the U.S. Constitution or federal laws. It also prohibits sponsors from filing conflicting or duplicate measures.
SB 208 requires a signer to present a photo ID to a canvasser prior to signing an initiative petition.
SB 209 expands the secretary of state’s discretion to reject signatures if they find that a canvasser has not complied with state law.
SB 308 eliminates write-in candidates for any election in the state.
SB 272 prohibits the pre-filing of any information on voter registration forms.
HJR 1018 proposes and submits to 2026 general election voters an amendment to the state's constitution that clarifies the requirement that an individual must be a citizen of the United States to be eligible to vote.

Election law in Arkansas

See also: Election administration in Arkansas

The laws governing elections in Arkansas are contained in Title 7 of the Code of Arkansas.

Election legislation in Arkansas

2025

The embedded table below lists all election-related bills introduced in Arkansas in 2025. The following information is included for each bill:

State
Bill number
Official bill name or caption
Most recent action date
Legislative status
Sponsor party
Topics dealt with by the bill

Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.

2024

The embedded table below lists all election-related bills introduced in Arkansas in 2024. The following information is included for each bill:

State
Bill number
Official bill name or caption
Most recent action date
Legislative status
Sponsor party
Topics dealt with by the bill

Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.

2023

The embedded table below lists all election-related bills introduced in Arkansas in 2023. The following information is included for each bill:

State
Bill number
Official bill name or caption
Most recent action date
Legislative status
Sponsor party
Topics dealt with by the bill

Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.

2022

The embedded table below lists all election-related bills introduced in Arkansas in 2022. The following information is included for each bill:

State
Bill number
Official bill name or caption
Most recent action date
Legislative status
Sponsor party
Topics dealt with by the bill

Bills are organized by most recent action. The table displays up to 100 results. To view more bills, use the arrows in the upper-right corner. Clicking on a bill will open its page on Ballotpedia's Election Administration Legislation Tracker, which includes bill details and a summary.

Noteworthy events

Eighth Circuit reinstates rule prohibiting electronic signatures for voter registration (2024)

On September 15, 2024, the 8th U.S. Circuit Court of Appeals blocked a district court order prohibiting a rule that required voter registration applications to be signed by hand from remaining in effect while the rule was challenged in court.^[1] Judge Timothy Brooks of the U.S. District Court for the Western District of Arkansas issued the preliminary injunction of the rule on August 29. The Eighth Circuit's September 15 administrative stay had the effect of reinstating the rule while the case was being litigated.^[2]

On May 2, 2024, the Arkansas Legislative Council’s Executive Subcommittee approved an emergency rule proposed by the Arkansas Board of Election Commissioners to prohibit the use of electronic signatures for voter registration except at the state Department of Motor Vehicles and other eligible state agencies.^[3] Arkansas officials referred to affect of the rule change as requiring "wet signatures," or signatures completed by hand, for voter registration.^[4] The emergency rule took effect on May 4 and expired after 120 days.^[5] On August 22, the Arkansas Legislative Council’s Administrative Rules Subcommittee approved a permanent version of the rule.^[6]

After the passage of the emergency rule, Get Loud Arkansas, a third-party voter registration organization, challenged the rule in a lawsuit filed in the U.S. District Court for the Western District of Arkansas, arguing that it violated the Materiality Provision of the Civil Rights Act of 1964.^[2] That lawsuit was joined by Vote.org, which described itself as a "nonprofit, nonpartisan voting registration and get-out-the-vote (GOTV) technology platform."^[7]

On August 29, Judge Timothy Brooks issued a preliminary injunction blocking the implementation of the rule. In the order, Brooks found that the rule likely violated the Materiality Provision of the Civil Rights Act, which states that "'No person acting under color of law shall . . . deny the right of any individual to vote in any election because of an error or omission' that is 'not material in determining whether such individual is qualified' to vote."^[8] The injunction was blocked by the appeals court's stay on September 15. Chris Madison, director of the state Board of Election Commissioners, said that voter registration applications completed between the preliminary injunction and the subsequent stay order were eligible to use electronic signatures.^[1]

Arkansas Supreme Court upholds voter ID law (2018)

In March 2017, Arkansas Governor Asa Hutchinson (R) signed into law a bill requiring voters to present photo identification at the polls. Under this law, a voter who does not possess the required form of identification may cast a provisional ballot after signing a sworn statement attesting to his or her identity. In June 2017, the Arkansas Board of Election Commissioners approved rules that created, according to the Associated Press, "a new sort of provisional ballot that's automatically counted unless there's a red flag."^[9]^[10]

On April 26, 2018, Pulaski County Circuit Judge Alice Gray issued a preliminary injunction barring the state from enforcing its voter ID law. The request for the preliminary injunction was made by Barry Haas, an Arkansas voter who alleged that the law was unconstitutional. Gray wrote the following in her order: "Plaintiff is faced with the choice of complying with the unconstitutional requirements imposed by [the voter ID law] or not having his ballot counted during the May 2018 preferential primary. The court finds that this is not really a choice at all, and that irreparable harm would result to plaintiff in the absence of a preliminary injunction, as his ballot will not be counted."^[11]

Jeff Priebe, an attorney for Haas, praised the ruling: "We're very pleased with the court's very well-reasoned and thorough opinion. We're still analyzing the opinion, but we're happy the court has decided to protect the voting rights of all Arkansans in the upcoming primary election." On April 27, 2018, Arkansas Secretary of State Mark Martin (R) and the Arkansas Board of Election Commissioners appealed Gray's ruling to the Arkansas Supreme Court. Martin issued a statement criticizing Gray's ruling: "Changing the rules in the middle of an election is irresponsible and creates confusion for voters. It is our job to uphold the law and to conduct a secure election. Presenting identification is required for almost all facets of American life. Securing the integrity of our electoral system is vitally important."^[11]^[12]

On May 2, 2018, the Arkansas Supreme Court voted 6 to 1 to stay Gray's order, permitting the state to enforce its voter identification law in the May 22, 2018, primary election. Attorney General Leslie Rutledge (R) said the following in a statement: "I am very pleased that the Arkansas Supreme Court agreed with the arguments we made on behalf of the State Board of Election Commissioners that the requirement that a voter show photographic identification or sign a statement affirming his or her identity as a registered voter is not burdensome and helps ensure free and fair elections. The stay issued this afternoon provides needed clarity for Arkansas voters and election officials." Priebe said, "We are disappointed for the voters in Arkansas that the Arkansas Secretary of State and the Attorney General continue to want to enforce an unconstitutional Voter ID Law. We look forward to presenting the whole case to the Arkansas Supreme Court."^[13] On October 11, 2018, the Arkansas Supreme Court voted 5 to 2 to uphold the state's voter ID law, allowing for its enforcement in the November 6, 2018, elections and thereafter.^[14]

Election policy ballot measures

See also: Elections and campaigns on the ballot and List of Arkansas ballot measures

Ballotpedia has tracked the following ballot measures relating to election and campaign policy in Arkansas.

The Ballot Bulletin

The Ballot Bulletin is a weekly email that delivers the latest updates on election policy. The Ballot Bulletin tracks developments in election policy around the country, including legislative activity, big-picture trends, and recent news. Each email contains in-depth data from our Election Administration Legislation Tracker. You'll also be able to track relevant legislation, with links to and summaries of the bills themselves.